AB68: Bill Text

AB68,726,13 48.913 (1) (b) Post-adoptive counseling for a birth parent of the child or an alleged or presumed father parent of the child.

AB68,938 Section 938 . 48.913 (1) (h) of the statutes is amended to read:

AB68,726,17 48.913 (1) (h) Legal and other services received by a birth parent of the child, an alleged or presumed father parent of the child, or the child in connection with the adoption.

AB68,939 Section 939 . 48.913 (2) (intro.) of the statutes is amended to read:

AB68,726,25 48.913 (2) Payment of expenses when birth parent is residing in another state. (intro.) Notwithstanding sub. (1), the proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents of a child may pay for an expense of a birth parent of the child or an alleged or presumed father parent of the child if the birth parent or the alleged or presumed father parent was residing in another state when the payment was made and when the expense was incurred and if all of the following apply:

AB68,940 Section 940. 48.913 (2) (b) of the statutes is amended to read:

AB68,727,4 48.913 (2) (b) The state in which the birth parent or the alleged or presumed father parent was residing when the payment was made permits the payment of that expense by the proposed adoptive parents of the child.

AB68,941 Section 941 . 48.913 (2) (c) (intro.) of the statutes is amended to read:

AB68,727,13 48.913 (2) (c) (intro.) A listing of all payments made under this subsection, a copy of the statutory provisions of the state in which the birth parent or the alleged or presumed father parent was residing when the payments were made that permit those payments to be made by the proposed adoptive parents of the child, and a copy of all orders entered in the state in which the birth parent or the alleged or presumed father parent was residing when the payments were made that relate to the payment of expenses of the birth parent or the alleged or presumed father parent by the proposed adoptive parents of the child is submitted to the court as follows:

AB68,942 Section 942 . 48.913 (3) of the statutes is amended to read:

AB68,727,21 48.913 (3) Method of payment. Any payment under sub. (1) or (2) shall be made directly to the provider of a good or service except that a payment under sub. (1) or (2) may be made to a birth parent of the child or to an alleged or presumed father parent of the child as reimbursement of an amount previously paid by the birth parent or by the alleged or presumed father parent if documentation is provided showing that the birth parent or alleged or presumed father parent has made the previous payment.

AB68,943 Section 943 . 48.913 (4) of the statutes is amended to read:

AB68,728,2 48.913 (4) Other payments prohibited. The proposed adoptive parents of a child or a person acting on behalf of the proposed adoptive parents may not make any payments to or on behalf of a birth parent of the child, an alleged or presumed father parent of the child, or the child except as provided in subs. (1) and (2).

AB68,944 Section 944 . 48.913 (7) of the statutes is amended to read:

AB68,728,18 48.913 (7) Report to the court; contents required. The report required under sub. (6) shall include a list of all transfers of anything of value made or agreed to be made by the proposed adoptive parents or by a person acting on their behalf to a birth parent of the child, an alleged or presumed father parent of the child, or the child, on behalf of a birth parent of the child, an alleged or presumed father parent of the child, or the child, or to any other person in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents, or the adoption of the child by the proposed adoptive parents. The report shall be itemized and shall show the goods or services for which payment was made or agreed to be made. The report shall include the dates of each payment, the names and addresses of each attorney, doctor, hospital, agency, or other person or organization receiving any payment from the proposed adoptive parents or a person acting on behalf of the proposed adoptive parents in connection with the pregnancy, the birth of the child, the placement of the child with the proposed adoptive parents, or the adoption of the child by the proposed adoptive parents.

AB68,945 Section 945 . 48.9795 (1) (a) 1. c. of the statutes is amended to read:

AB68,728,23 48.9795 (1) (a) 1. c. Any person who has filed a declaration of paternal parental interest under s. 48.025, who is alleged to the court to be the father a parent of the child, or who may, based on the statements of the mother parent who gave birth to the child or other information presented to the court, be the father parent of the child.

AB68,946 Section 946 . 48.9795 (1) (b) of the statutes is amended to read:

AB68,729,5 48.9795 (1) (b) “Party" means the person petitioning for the appointment of a guardian for a child or any interested person other than a person who is alleged to the court to be the father a parent of the child or who may, based on the statements of the mother parent who gave birth to the child or other information presented to the court, be the father parent of the child.

AB68,947 Section 947. 48.981 (1) (b) of the statutes is amended to read:

AB68,729,21 48.981 (1) (b) “Community placement" means probation; extended supervision; parole; aftercare; conditional transfer into the community under s. 51.35 (1); conditional transfer or discharge under s. 51.37 (9); placement in a Type 2 residential care center for children and youth or a Type 2 juvenile correctional facility authorized under s. 938.539 (5); conditional release under s. 971.17; supervised release under s. 980.06 or 980.08; participation in the community residential confinement program under s. 301.046, the intensive sanctions program under s. 301.048, community supervision under s. 938.533, the intensive supervision program under s. 938.534, or the serious juvenile offender program under s. 938.538; or any other placement of an adult or juvenile offender in the community under the custody or supervision of the department of corrections, the department of health services, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 or any other person under contract with the department of corrections, the department of health services or a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to exercise custody or supervision over the offender.

AB68,948 Section 948 . 49.11 (1c) of the statutes is amended to read:

AB68,730,2 49.11 (1c) “Community-based juvenile delinquency-related services" means juvenile delinquency-related services provided under ch. 938 other than services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).

AB68,949 Section 949 . 49.11 (1c) of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68,730,8 49.11 (1c) “Community-based juvenile delinquency-related services" means juvenile delinquency-related services provided under ch. 938 other than services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (4m) or (7g), or 938.357 (3) or (4).

AB68,950 Section 950. 49.133 of the statutes is created to read:

AB68,730,18 49.133 Child care quality improvement program. (1) The department may establish a program under which it may, from the appropriation under s. 20.437 (2) (c) and under s. 49.175 (1) (qm), make monthly payments and monthly per-child payments to child care providers certified under s. 48.651, child care centers licensed under s. 48.65, and child care programs established or contracted for by a school board under s. 120.13 (14). Of the amounts from the appropriation under s. 20.437 (2) (c), the department may award 10 percent to child care providers, child care centers, and child care programs located in child care deserts, as defined by the department.

AB68,730,21 (2) The department may promulgate rules to implement the program under this section, including establishing eligibility requirements and payment amounts and setting requirements for how recipients may use the payments.

AB68,951 Section 951. 49.138 (title) of the statutes is amended to read:

AB68,730,24 49.138 (title) Emergency assistance for needy families with needy children.

AB68,952 Section 952. 49.138 (1d) (am) of the statutes is created to read:

AB68,731,1 49.138 (1d) (am) “Family” means one of the following:

AB68,731,3 1. An individual who has attained the age of 18 years but has not yet attained the age of 25 years.

AB68,731,6 2. One or more dependent children and a qualified caretaker relative, as defined by the department, with whom the child is living or was living at the time the emergency occurred.

AB68,953 Section 953. 49.138 (1m) (intro.) of the statutes is amended to read:

AB68,731,20 49.138 (1m) (intro.) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or impending homelessness, or energy crisis. The department shall establish the maximum amounts of aid to be granted. The department need not establish the maximum amounts by rule under ch. 227. The department shall publish the maximum amounts in the Wisconsin administrative register if the department does not establish the maximum amounts by rule. Emergency assistance provided to needy persons under this section may only be provided to a needy person once in a 12-month 6-month period. Emergency assistance provided to needy persons under this section in cases of homelessness or impending homelessness may be used only to obtain or retain a permanent living accommodation. For the purposes of this section, a family is considered to be homeless, or to be facing impending homelessness, if any of the following applies:

AB68,954 Section 954. 49.138 (1m) (c) of the statutes is amended to read:

AB68,731,25 49.138 (1m) (c) A member of the family was a victim of domestic abuse, as defined in s. 968.075 (1) (a). Evidence specified under rules promulgated under s. 49.1473 (1) (a) as sufficient to establish that an individual is or has been a victim of domestic abuse is also sufficient for purposes of this paragraph.

AB68,955 Section 955. 49.138 (1m) (f) of the statutes is created to read:

AB68,732,5 49.138 (1m) (f) During a national emergency declared by the U.S. president under 50 USC 1621 or a state of emergency declared by the governor under s. 323.10, the family is delinquent on a rent payment, a mortgage payment, or a property tax payment.

AB68,956 Section 956. 49.1385 of the statutes, as affected by 2019 Wisconsin Act 9, is repealed.

AB68,957 Section 957 . 49.141 (1) (j) 1. of the statutes is amended to read:

AB68,732,9 49.141 (1) (j) 1. A biological natural parent.

AB68,958 Section 958 . 49.141 (1) (j) 2. of the statutes is repealed.

AB68,959 Section 959 . 49.148 (4) (a) of the statutes is amended to read:

AB68,733,2 49.148 (4) (a) A Wisconsin works Works agency shall require a participant in a community service job or transitional placement who, after August 22, 1996, was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance to submit to a test for use of a controlled substance as a condition of continued eligibility. If the test results are positive, the Wisconsin works Works agency shall decrease the presanction benefit amount for that participant by not more than 15 percent for not fewer than 12 months, or for the remainder of the participant's period of participation in a community service job or transitional placement, if less than 12 months. If, at the end of 12 months, the individual is still a participant in a community service job or transitional placement and submits to another test for use of a controlled substance and if the results of the test are negative, the Wisconsin works Works agency shall discontinue the reduction under this paragraph. In this subsection, “controlled substance” does not include tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

AB68,960 Section 960 . 49.155 (1m) (c) 1g. of the statutes is amended to read:

AB68,733,11 49.155 (1m) (c) 1g. If the individual is a foster parent of the child or a subsidized guardian or interim caretaker of the child under s. 48.623, the child's biological natural or adoptive family has a gross income that is at or below 200 percent of the poverty line. In calculating the gross income of the child's biological natural or adoptive family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.

AB68,961 Section 961 . 49.155 (1m) (c) 1h. of the statutes is amended to read:

AB68,733,20 49.155 (1m) (c) 1h. If the individual is a relative of the child, is providing care for the child under a court order, and is receiving payments under s. 48.57 (3m) or (3n) on behalf of the child, the child's biological natural or adoptive family has a gross income that is at or below 200 percent of the poverty line. In calculating the gross income of the child's biological natural or adoptive family, the department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.

AB68,962 Section 962 . 49.155 (6) (e) of the statutes is repealed.

AB68,963 Section 963 . 49.163 (2) (am) 2. of the statutes is amended to read:

AB68,734,2 49.163 (2) (am) 2. If over 25 years of age, be a biological natural or adoptive parent of a child under 18 years of age whose parental rights to the child have not been terminated or be a relative and primary caregiver of a child under 18 years of age.

AB68,964 Section 964. 49.1635 (1) of the statutes is repealed.

AB68,965 Section 965. 49.1635 (2) of the statutes is repealed.

AB68,966 Section 966. 49.1635 (3) of the statutes is repealed.

AB68,967 Section 967. 49.1635 (4) of the statutes is repealed.

AB68,968 Section 968. 49.1635 (5) (a) of the statutes is renumbered 49.1635 (1m) and amended to read:

AB68,734,13 49.1635 (1m) From the allocation under s. 49.175 (1) (j), the department shall make a grant of $500,000 $1,000,000 in each fiscal year to Wisconsin Trust Account Foundation, Inc., for distribution of annual awards of not more than $75,000 per year per program to programs that provide legal services to persons who are eligible under par. (b) 2. sub. (2m) (b) if all of the following apply:

AB68,734,17 (a) Wisconsin Trust Account Foundation, Inc., submits a plan to the department detailing the proposed use of the grant; the proposed use of the grant conforms to the requirements under par. (b) sub. (2m); and the secretary of the department, or his or her designee, approves the plan.

AB68,734,21 (b) Wisconsin Trust Account Foundation, Inc., enters into an agreement with the department that specifies the conditions for the use of the grant proceeds, and the conditions conform to the requirements under par. (b) sub. (2m) and include training, reporting, and auditing requirements.

AB68,734,24 (c) Wisconsin Trust Account Foundation, Inc., agrees in writing to submit to the department the reports required under par. (c) sub. (3m) by the times required under par. (c) sub. (3m).

AB68,969 Section 969. 49.1635 (5) (b) of the statutes is renumbered 49.1635 (2m), and 49.1635 (2m) (a), as renumbered, is amended to read:

AB68,735,5 49.1635 (2m) (a) Subject to subd. 3. par. (c), the grant may be used only to provide legal services in civil matters related to eviction, domestic abuse, or sexual abuse, or to restraining orders or injunctions for individuals at risk under s. 813.123.

AB68,970 Section 970. 49.1635 (5) (c) of the statutes is renumbered 49.1635 (3m) and amended to read:

AB68,735,16 49.1635 (3m) For each fiscal year in which the department makes a grant under this subsection, Wisconsin Trust Account Foundation, Inc., shall submit to the department, within 3 months after spending the full amount of that grant, a report detailing how the grant proceeds were used. The department may not make a grant in a subsequent fiscal year unless Wisconsin Trust Account Foundation, Inc., submits the report under this paragraph within the time required and the department determines that the grant proceeds were used in accordance with the approved plan under par. (a) 1. sub. (1m) (a), the agreement under par. (a) 2. sub. (1m) (b), and the requirements under par. (b) sub. (2m).

AB68,971 Section 971. 49.168 of the statutes is created to read:

AB68,735,24 49.168 Internet assistance program. (1) The department shall establish an Internet assistance program under which it shall, from the appropriation under s. 20.437 (2) (eg) and the allocation under s. 49.175 (1) (x), make payments to internet service providers on behalf of low-income individuals to assist with paying for Internet service. Assistance under this program may be provided only after other assistance program options have been exhausted. The department may contract for the administration of the program.

AB68,736,3 (2) The department shall promulgate rules to implement the program under this section and shall include a financial eligibility requirement that the family income of a recipient not exceed 200 percent of the poverty line.

AB68,972 Section 972 . 49.175 (1) (intro.) of the statutes is amended to read:

AB68,736,10 49.175 (1) Allocation of funds. (intro.) In this section, with respect to any of the following that fund a contract for services, “allocation” means the amount under the contract that the department is obligated to pay. Except as provided in sub. (2), within the limits of the appropriations under s. 20.437 (2) (a), (cm), (dz), (k), (kx), (L), (mc), (md), (me), and (s) and (3) (kp), the department shall allocate the following amounts for the following purposes:

AB68,973 Section 973 . 49.175 (1) (a) of the statutes is amended to read:

AB68,736,14 49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $31,110,000 $38,335,100 in fiscal year 2019-20 2021-22 and $31,732,200 $45,703,200 in fiscal year 2020-21 2022-23.

AB68,974 Section 974 . 49.175 (1) (b) of the statutes is amended to read:

AB68,736,19 49.175 (1) (b) Wisconsin Works agency contracts; job access loans. For contracts with Wisconsin Works agencies under s. 49.143 and for job access loans under s. 49.147 (6), $50,000,000 $54,009,700 in fiscal year 2019-20 2021-22 and $50,000,000 $57,071,200 in fiscal year 2020-21 2022-23.

AB68,975 Section 975 . 49.175 (1) (c) of the statutes is amended to read:

AB68,736,23 49.175 (1) (c) Case management incentive payments. For supplement payments to individuals under s. 49.255, $2,700,000 in each fiscal year 2019-20 and $2,700,000 in fiscal year 2020-21.

AB68,976 Section 976 . 49.175 (1) (f) of the statutes is amended to read:

AB68,737,4 49.175 (1) (f) Homeless case management services grants. For grants to shelter facilities under s. 16.3085, $500,000 $1,000,000 in each fiscal year. All moneys allocated under this paragraph shall be credited to the appropriation account under s. 20.505 (7) (kg).

AB68,977 Section 977. 49.175 (1) (fa) of the statutes is repealed.

AB68,978 Section 978 . 49.175 (1) (g) of the statutes is amended to read:

AB68,737,10 49.175 (1) (g) State administration of public assistance programs and overpayment collections. For state administration of public assistance programs and the collection of public assistance overpayments, $16,671,200 $17,363,300 in fiscal year 2019-20 2021-22 and $17,268,300 $17,625,100 in fiscal year 2020-21 2022-23.

AB68,979 Section 979 . 49.175 (1) (i) of the statutes is amended to read:

AB68,737,15 49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138 and for transfer to the department of administration for low-income energy or weatherization assistance programs, $6,000,000 in each fiscal year $10,829,500 in fiscal year 2021-22 and $9,936,400 in fiscal year 2022-23.

AB68,980 Section 980 . 49.175 (1) (j) of the statutes is amended to read:

AB68,737,20 49.175 (1) (j) Grants for providing civil legal services. For the grants under s. 49.1635 (5) to Wisconsin Trust Account Foundation, Inc., for distribution to programs that provide civil legal services to low-income families, $500,000 $1,000,000 in each fiscal year.