AB43: Bill Text

AB43,,2431 48.977 (3r) (b) Successor guardian. Subsidized guardianship payments under s. 48.623 (6) (bm) may not be made to a successor guardian of a child unless the court makes a finding confirming that the successor guardian is named as a prospective successor guardian of the child in a subsidized guardianship agreement or amended subsidized guardianship agreement under s. 48.623 (2) that was entered into before the death or incapacity of the guardian and that the conditions specified in s. 48.623 (6) (bm) have been met, appoints the successor guardian to assume the duty and authority of guardianship as provided in sub. (5m), and either terminates any order specified in sub. (2) (a) or dismisses any proceeding in which the child has been adjudicated in need of protection or services as specified in sub. (2) (a). If the court makes that finding and appointment and either terminates such an order or dismisses such a proceeding, the county department or, as provided in s. 48.623 (3) (a), an Indian tribe or the department shall provide monthly subsidized guardianship payments to the successor guardian under s. 48.623 (6) (bm).

AB43,1016 Section 1016. 48.9795 (1) (a) 1. c. of the statutes is amended to read:

AB43,,2433 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.

AB43,1017 Section 1017. 48.9795 (1) (b) of the statutes is amended to read:

AB43,,2435 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.

AB43,1018 Section 1018. 49.132 of the statutes is created to read:

AB43,,2437 49.132 Child care partnership grant program. (1) In this section, “business” means any organization or enterprise operated for profit or a nonprofit corporation. “Business” does not include a governmental entity.

AB43,,2438 (2) The department may establish a grant program to award funding to businesses that provide or wish to provide child care services for their employees. A grant awarded under this program may be used to reserve child care placements for local business employees, pay child care tuition, and other costs related to child care.

AB43,,2439 (3) A business awarded a grant under this section shall provide matching funds equal to 25 percent or more of the amount awarded.

AB43,,2440 (4) The department may promulgate rules to administer this section, including to determine eligibility for a grant.

AB43,1019 Section 1019. 49.133 of the statutes is created to read:

AB43,,2442 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).

AB43,,2443 (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.

AB43,1020 Section 1020. 49.1385 of the statutes is repealed.

AB43,1021 Section 1021. 49.141 (1) (j) 1. of the statutes is amended to read:

AB43,,2446 49.141 (1) (j) 1. A biological natural parent.

AB43,1022 Section 1022. 49.141 (1) (j) 2. of the statutes is repealed.

AB43,1023 Section 1023. 49.148 (4) (a) of the statutes is amended to read:

AB43,,2449 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.

AB43,1024 Section 1024. 49.155 (1m) (a) 1m. b. of the statutes is amended to read:

AB43,,2451 49.155 (1m) (a) 1m. b. The individual has not yet attained the age of 18 years and the individual resides with his or her custodial parent or with a kinship care relative provider under s. 48.57 (3m) or with a long-term kinship care relative provider under s. 48.57 (3n) or is in a foster home licensed under s. 48.62, a subsidized guardianship home under s. 48.623, a group home, or an independent living arrangement supervised by an adult.

AB43,1025 Section 1025. 49.155 (1m) (c) 1g. of the statutes is amended to read:

AB43,,2453 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.

AB43,1026 Section 1026. 49.155 (1m) (c) 1h. of the statutes is amended to read:

AB43,,2455 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.

AB43,1027 Section 1027. 49.155 (6) (e) 2. of the statutes is repealed.

AB43,1028 Section 1028. 49.155 (6) (e) 3. (intro.) of the statutes is amended to read:

AB43,,2458 49.155 (6) (e) 3. (intro.) The department may modify a child care provider’s maximum payment rate under subd. 2. pars. (a) to (c) on the basis of the provider’s quality rating, as described in the quality rating plan, in the following manner:

AB43,1029 Section 1029. 49.163 (2) (am) 2. of the statutes is amended to read:

AB43,,2460 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.

AB43,1030 Section 1030. 49.163 (2) (am) 4. of the statutes is repealed.

AB43,1031 Section 1031. 49.163 (2) (am) 5. of the statutes is amended to read:

AB43,,2463 49.163 (2) (am) 5. Be ineligible Have not filed for unemployment insurance benefits or have filed but is not eligible to receive unemployment insurance benefits.

AB43,1032 Section 1032. 49.1635 (1) of the statutes is repealed.

AB43,1033 Section 1033. 49.1635 (2) of the statutes is repealed.

AB43,1034 Section 1034. 49.1635 (3) of the statutes is repealed.

AB43,1035 Section 1035. 49.1635 (4) of the statutes is repealed.

AB43,1036 Section 1036. 49.1635 (5) (a) of the statutes is renumbered 49.1635 (1m) and amended to read:

AB43,,2469 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:

AB43,,2470 (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.

AB43,,2471 (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.

AB43,,2472 (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).

AB43,1037 Section 1037. 49.1635 (5) (b) of the statutes is renumbered 49.1635 (2m), and 49.1635 (2m) (a), as renumbered, is amended to read:

AB43,,2474 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.

AB43,1038 Section 1038. 49.1635 (5) (c) of the statutes is renumbered 49.1635 (3m) and amended to read:

AB43,,2476 49.1635 (3m) For each fiscal year in which the department makes a grant under this subsection section, 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 subsection 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).

AB43,1039 Section 1039. 49.166 of the statutes is created to read:

AB43,,2478 49.166 Living independently through financial empowerment. From the appropriation under s. 20.437 (1) (ce), the department may allocate no more than $14,000,000 in each fiscal year to establish and administer the living independently through financial empowerment program. Under that program, the department may provide short-term assistance to individuals who are survivors of domestic abuse. The department may contract with a Wisconsin works agency to administer the program under this section.

AB43,1040 Section 1040. 49.170 of the statutes is created to read:

AB43,,2480 49.170 Boys and Girls Clubs of Wisconsin. From the appropriation account under s. 20.437 (2) (er), the department shall provide funding annually to the Boys and Girls Clubs of Wisconsin.

AB43,1041 Section 1041. 49.175 (1) (intro.) of the statutes is amended to read:

AB43,,2482 49.175 (1) Allocation of funds. (intro.) In this section, with respect to any of the following that fund a contract for services, “allocate” means to designate an amount of money equal to 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:

AB43,1042 Section 1042. 49.175 (1) (a) of the statutes is amended to read:

AB43,,2484 49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $37,000,000 $30,717,200 in fiscal year 2021-22 2023-24 and $34,000,000 $32,913,100 in fiscal year 2022-23 2024-25.

AB43,1043 Section 1043. 49.175 (1) (b) of the statutes is amended to read:

AB43,,2486 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), $54,009,700 $52,580,300 in fiscal year 2021-22 2023-24 and $57,071,200 $59,854,900 in fiscal year 2022-23 2024-25.

AB43,1044 Section 1044. 49.175 (1) (d) of the statutes is amended to read:

AB43,,2488 49.175 (1) (d) Families and Schools Together. For the families and schools together program in 5 Milwaukee elementary schools to be chosen by the department, $250,000 in each fiscal year and an additional $250,000 in each fiscal year for this purpose to be distributed only if the recipient provides matching funds.

AB43,1045 Section 1045. 49.175 (1) (f) of the statutes is amended to read:

AB43,,2490 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).

AB43,1046 Section 1046. 49.175 (1) (g) of the statutes is amended to read:

AB43,,2492 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, $17,231,100 $19,160,100 in fiscal year 2021-22 2023-24 and $17,482,300 $19,569,100 in fiscal year 2022-23 2024-25.

AB43,1047 Section 1047. 49.175 (1) (j) of the statutes is amended to read:

AB43,,2494 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.

****Note: This is reconciled s. 49.175 (1) (j). This Section has been affected by drafts with the following LRB numbers: -1600/P4 and -1170/P1.

AB43,1048 Section 1048. 49.175 (1) (k) of the statutes is amended to read:

AB43,,2496 49.175 (1) (k) Transform Milwaukee and Transitional Jobs programs. For contract costs under the Transform Milwaukee Jobs program and the Transitional Jobs program under s. 49.163, $9,500,000 $11,200,000 in each fiscal year.

AB43,1049 Section 1049. 49.175 (1) (Lm) of the statutes is amended to read:

AB43,,2498 49.175 (1) (Lm) Jobs for America’s Graduates. For grants to the Jobs for America’s Graduates-Wisconsin to fund programs that improve social, academic, and employment skills of youth who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., $500,000 $1,000,000 in each fiscal year.

AB43,1050 Section 1050. 49.175 (1) (ms) of the statutes is created to read:

AB43,,2500 49.175 (1) (ms) Child support debt reduction. For the child support debt reduction program for low-income noncustodial parents under s. 49.226, $3,472,000 in fiscal year 2023-24 and $6,944,000 in fiscal year 2024-25.

AB43,1051 Section 1051. 49.175 (1) (o) of the statutes is amended to read:

AB43,,2502 49.175 (1) (o) Evidence-based substance abuse prevention grants Grants for youth services. For grants awarded under s. 48.545 (2) (c) 48.481, $500,000 in each fiscal year.

AB43,1052 Section 1052. 49.175 (1) (p) of the statutes is amended to read:

AB43,,2504 49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155 or 49.257, $376,700,400 $385,628,800 in fiscal year 2021-22 2023-24 and $383,900,400 $403,573,700 in fiscal year 2022-23 2024-25.

AB43,1053 Section 1053. 49.175 (1) (q) of the statutes is amended to read:

AB43,,2506 49.175 (1) (q) Child care state administration and licensing activities. For state administration of child care programs under s. 49.155 and for child care licensing activities, $42,117,800 $45,957,600 in fiscal year 2021-22 2023-24 and $41,803,100 $46,043,900 in fiscal year 2022-23 2024-25.

AB43,1054 Section 1054. 49.175 (1) (qm) of the statutes is amended to read:

AB43,,2508 49.175 (1) (qm) Quality care for quality kids. For the child care quality improvement activities specified in ss. 49.155 (1g) and 49.257, $16,683,700 in each fiscal year and the establishment of an early childhood education center under 2023 Wisconsin Act .... (this act), section 9106 (3), $42,850,900 in fiscal year 2023-24 and $42,647,700 in fiscal year 2024-25.

****Note: This is reconciled s. 49.175 (1) (qm). This Section has been affected by drafts with the following LRB numbers: 1600/P4 and 1585/P2.

AB43,1055 Section 1055. 49.175 (1) (r) of the statutes is amended to read:

AB43,,2510 49.175 (1) (r) Children of recipients of supplemental security income. For payments made under s. 49.775 for the support of the dependent children of recipients of supplemental security income, $18,564,700 $12,762,400 in fiscal year 2021-22 2023-24 and $18,145,000 $12,188,900 in fiscal year 2022-23 2024-25.

AB43,1056 Section 1056. 49.175 (1) (s) of the statutes is amended to read:

AB43,,2512 49.175 (1) (s) Kinship care and long-term kinship care assistance. For kinship care and long-term kinship care payments under s. 48.57 (3m) (am) and (3n) (am), for assessments to determine eligibility for those payments, and for agreements under s. 48.57 (3t) with the governing bodies of Indian tribes for the administration of the kinship care and long-term kinship care programs within the boundaries of the reservations of those tribes, $28,727,100 $43,574,100 in fiscal year 2021-22 2023-24 and $31,441,800 $53,719,500 in fiscal year 2022-23 2024-25.

AB43,1057 Section 1057. 49.175 (1) (t) of the statutes is amended to read:

AB43,,2514 49.175 (1) (t) Safety and out-of-home placement services. For services provided to ensure the safety of children who the department or a county determines may remain at home if appropriate services are provided, and for services provided to families with children placed in out-of-home care, $10,314,300 $6,282,400 in each fiscal year. To receive funding under this paragraph, a county shall match a percentage of the amount received that is equal to the percentage the county is required to match for a distribution under s. 48.563 (2) as specified by the schedule established by the department under s. 48.569 (1) (d).

AB43,1058 Section 1058. 49.175 (1) (u) (title) of the statutes is amended to read:

AB43,,2516 49.175 (1) (u) (title) Prevention Child welfare prevention services.

AB43,1059 Section 1059. 49.175 (1) (y) of the statutes is repealed.