reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.001 - Definitions.

49.001
Definitions.
In this chapter:
(1)
“Child care provider" means a child care provider that is licensed under s. 48.65 (1), certified under s. 48.651 or established or contracted for under s. 120.13 (14).
(1m)
“Essential person" means any person defined as an essential person under federal Title XVI.
(2)
“Federal Title XVI" means Title XVI of the federal social security act.
(3)
“Foster home" has the meaning given in s. 48.02 (6).
(3m)
“Intentional program violation" means intentionally making a false or misleading statement, intentionally misrepresenting or withholding facts, or intentionally committing any act that constitutes a violation of state or federal law for the purpose of using, presenting, transferring, acquiring, receiving, possessing, or trafficking benefits under this chapter.
(4)
“Municipality" means any town, city or village.
(5)
“Poverty line" means the poverty line as defined and revised annually under 42 USC 9902 (2).
(5m)
“Prisoner" means any person who is either arrested, incarcerated, imprisoned or otherwise detained in excess of 12 hours by any law enforcement agency of this state, except when detention is pursuant to s. 51.15, 51.20, 51.45 (11) (b) or, 55.13, or 55.135 or ch. 980. “Prisoner" does not include any person who is serving a sentence of detention under s. 973.03 (4) unless the person is in the county jail under s. 973.03 (4) (c).
(5p)
“Relief block grant" means a block grant awarded to a county or tribal governing body under s. 49.025, 2009 stats., s. 49.027, 2009 stats., or s. 49.029.
(6)
“Residence" means the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation. Physical presence is prima facie evidence of intent to remain.
(8)
“Voluntary" means according to an individual's free choice, if competent, or by choice of his or her guardian if the individual is adjudicated incompetent.
(9)
“Wisconsin Works agency" means a person under contract under s. 49.143 to administer Wisconsin Works under ss. 49.141 to 49.161. If no contract is awarded under s. 49.143, “Wisconsin Works agency" means the department of children and families.
History:  1995 a. 27 ss. 2639, 2644, 2654 to 2666, 3083; 1995 a. 289; 1997 a. 3; 2005 a. 264, 387; 2007 a. 20, 45; 2009 a. 28; 2011 a. 202.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.01 - Definitions.

49.01
Definitions.
As used in this subchapter:
(1g)
“American Indian" means a person who is recognized by an elected tribal governing body in this state as a member of a federally recognized Wisconsin tribe or band of Indians.
(1m)
“Department" means the department of health services.
(2)
“Dependent person" means an individual who is eligible for relief under s. 49.015.
(2g)
“Health care services" means such emergency and nonemergency medical, surgical, dental, hospital, nursing and optometric services as are reasonable and necessary under the circumstances, as determined by the county or tribal governing body. “Health care services" does not include services described under s. 51.42 (3) (ar) 4.
(3)
“Relief" means assistance that is provided to a dependent person and funded by a relief block grant.
(3m)
“Relief agency" means a tribal governing body or an agency under contract with a tribal governing body to administer relief if the tribal governing body operates a relief program funded by a relief block grant.
(8L)
“Tax-free land" means land in this state within the boundaries of a federally recognized reservation or within the bureau of Indian affairs service area for the Winnebago tribe, which is not subject to assessment or levy of a real property tax either as a general tax or as a payment in lieu of taxes.
(8p)
“Tribal governing body" means an elected tribal governing body of a federally recognized American Indian tribe.
History:  1973 c. 147, 333; 1979 c. 34; 1981 c. 20; 1983 a. 27; 1983 a. 189 ss. 35 to 37, 329 (19); 1985 a. 29 ss. 932 to 935, 996, 997, 3200 (23); 1985 a. 176; 1989 a. 359; 1991 a. 316; 1993 a. 99 s. 72; 1993 a. 446; 1995 a. 18; 1995 a. 27 ss. 2648 to 2668, 2753, 9126 (19); 2007 a. 20 s. 9121 (6) (a); 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.029 - Block grants to tribal governing bodies; medical relief.

49.029
Block grants to tribal governing bodies; medical relief.
(1)
Applicability. This section applies only to tribal governing bodies.
(2)
Amount and distribution of relief block grant. From the appropriation under s. 20.435 (4) (kb), the department shall distribute a relief block grant to each eligible tribal governing body in an amount and in a manner determined in accordance with rules promulgated by the department. The department shall promulgate the rules after consulting with all tribal governing bodies eligible for a relief block grant. In promulgating rules under this section, the department shall consider each tribe's economic circumstances and need for health care services.
(3)
Use of relief block grant funds. A tribal governing body may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons. Notwithstanding s. 49.01 (2g), health care services may include treatment services for alcohol and other drug abuse and mental health services.
History:  1995 a. 27, 216; 1997 a. 27; 1999 a. 9, 185; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.08 - Recovery of relief and other assistance.

49.08
Recovery of relief and other assistance.
If any person is the owner of property at the time of receiving general relief under ch. 49, 1993 stats., relief funded by a relief block grant or other assistance as an inmate of any county or municipal institution in which the state is not chargeable with all or a part of the inmate's maintenance or as a tuberculosis patient provided for in ss. 252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting, the authorities charged with the care of the dependent, or the board in charge of the institution, may sue for the value of the relief or other assistance from the person or the person's estate. Except as otherwise provided in this section, the 10-year statute of limitations may be pleaded in defense in an action to recover relief or other assistance. Where the recipient of relief or other assistance 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. The court may refuse to render judgment or allow the claim in any case where a parent, spouse, surviving spouse or child is dependent on the property for support. The court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records kept by the municipality, county or institution are prima facie evidence of the value of the relief or other assistance furnished.
History:  1975 c. 94; 1975 c. 413 s. 18; 1979 c. 102 s. 237; 1983 a. 27; 1985 a. 29; 1989 a. 96; 1993 a. 27; 1995 a. 27; 1999 a. 9.
A dependent of a relief applicant incurs no liability to repay any portion of relief granted under the application. Claims against the recipient's estate are not limited to recovery of relief granted less than ten years prior to death. Ames v. Kenosha County Department of Social Services, 81 Wis. 2d 32, 259 N.W.2d 701 (1977).
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.11 - Definitions.

49.11
Definitions.
In this subchapter:
(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 (4h) or (7g), or 938.357 (3) or (4).
(1e)
“Department" means the department of children and families.
(2)
“Secretary" means the secretary of children and families.
History:  1995 a. 27 ss. 2770, 9130 (4); 1997 a. 3; 2007 a. 20; 2015 a. 55; 2017 a. 185; 2019 a. 8 ss. 14, 71.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.131 - Electronic transfer of benefits.

49.131
Electronic transfer of benefits.
(1)
The department shall request any necessary authorization from the appropriate federal agency to deliver benefits that are administered by the department to recipients of benefits by an electronic benefit transfer system.
(2)
Subject to receiving any necessary approval from the appropriate federal agency under sub. (1), and subject to sub. (3m), the department may implement a program to deliver by an electronic benefit transfer system any benefit that is administered by the department.
(3m)
Prior to implementing, and receiving funding for implementing, any program to deliver by electronic means Wisconsin Works benefits or child care subsidies under s. 49.155, the department shall submit a plan for implementation to the joint committee on finance. Any plan submitted by the department shall include specific information on the vendor selected, the total start-up and ongoing costs, and how issues of fraud and program integrity will be addressed. If the department submits a plan and the cochairpersons of the committee do not notify the department within 14 working days after the date that the department submits the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented and the department shall receive the necessary funding. If, within 14 working days after the date that the department submits a plan, the cochairpersons notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented, and funding received, only upon approval of the committee.
History:  2001 a. 16 ss. 1656ug, 1656uh, 1656uv, 1656uw; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.1375 - Early childhood excellence initiative.

49.1375
Early childhood excellence initiative.
(1)
The department shall establish a grant program to develop at least 5 early childhood centers for children under the age of 5 who are eligible to receive temporary assistance to needy families under 42 USC 601 et seq. Centers awarded a grant under this subsection shall provide outreach and training for parents of the children served by the center and training for child care providers. The centers shall emphasize stimulation of the child's language skills and senses of vision and touch. A person who is awarded a grant under this subsection shall contribute matching funds from local or private sources equal to 25 percent of the amount awarded under this subsection.
(2)
The department shall establish a grant program under which a child care provider that receives training at a center that is awarded a grant under sub. (1) may apply for a grant to establish an early childhood program that serves children specified under sub. (1). The program developed under a grant received under this subsection shall emphasize stimulation of the children's language skills and senses of vision and touch. A person who is awarded a grant under this subsection shall contribute matching funds from local or private sources equal to 25 percent of the amount awarded under this subsection.
History:  1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.1385 - Grants for services for homeless and runaway youth.

49.1385
Grants for services for homeless and runaway youth.
The department may award not more than $400,000 in each fiscal year in grants to support programs that provide services for homeless and runaway youth.
History:  2017 a. 59; 2019 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.139 - Emergency shelter funding.

49.139
Emergency shelter funding.
From the appropriation account under s. 20.437 (2) (f), the department shall provide $50,000 annually, beginning on October 1, 2009, to the Emergency Shelter of the Fox Valley to provide services to homeless individuals and families.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.1452 - Payment of support arrears.

49.1452
Payment of support arrears.
If an individual who formerly participated in, but is no longer participating in, Wisconsin Works assigned to the state under s. 49.145 (2) (s) his or her right or the right of any dependent child of the individual to support or maintenance from any other person, the department shall pay to the individual all money in support or maintenance arrears that is collected by the department after the individual's participation ceased and that accrued while the individual was participating in Wisconsin Works.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.1455 - Child support demonstration project.

49.1455
Child support demonstration project.
The department may conduct a demonstration project, pursuant to the terms and conditions of a federal waiver, under which the department may pay to an individual whom the department has selected to be part of a control group a portion of the amount of child support received by the department under an assignment by the individual under s. 49.145 (2) (s).
History:  1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.146 - Employer criteria.

49.146
Employer criteria.
The department shall establish by rule criteria that an employer providing a Wisconsin works employment position must meet in order to employ a participant under s. 49.147 (3) to (5). An employer that does not meet the criteria established under this section is ineligible to receive any subsidy for any position provided to a participant.
History:  1995 a. 289.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.1473 - Wisconsin works; domestic abuse screening and training.

49.1473
Wisconsin works; domestic abuse screening and training.
(1)
(a)
The department shall promulgate rules for screening victims of domestic abuse and for the training of Wisconsin works agency employees in domestic abuse issues. The rules shall allow an individual to voluntarily and confidentially disclose that he or she is or has been a victim of domestic abuse or is at risk of further domestic abuse. The rules shall also specify the evidence that is sufficient to establish that an individual is or has been a victim of domestic abuse or is at risk of further domestic abuse.
(b)
Each Wisconsin works agency shall establish procedures, in accordance with the rules promulgated by the department under par. (a), for screening victims of domestic abuse.
(2)
If a Wisconsin works agency employee identifies an individual as a past or present victim of domestic abuse or determines that the individual is at risk of domestic abuse or if the individual identifies himself or herself as a past or present victim of domestic abuse or as an individual who is at risk of further abuse, the Wisconsin works agency shall provide the individual with information on community-based domestic abuse services, including information on shelters or programs for battered individuals, sexual assault provider services, medical services, sexual assault nurse examiners services, domestic violence and sexual assault hotlines, legal and medical counseling and advocacy, mental health care, counseling, and support groups. The Wisconsin works agency shall provide the information to the individual orally and in writing in accordance with guidelines developed by the department. The Wisconsin works agency shall also provide referrals for community-based counseling and supportive service providers to the individual if the individual elects to receive the services.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.1475 - Follow-up services.

49.1475
Follow-up services.
Following any follow-up period required by the contract entered into under s. 49.143, a Wisconsin works agency may provide case management services for an individual who moves from a Wisconsin works employment position to unsubsidized employment to help the individual retain the unsubsidized employment. Case management services may include the provision of employment skills training; English as a 2nd language classes, if the Wisconsin works agency determines that the course will facilitate the individual's efforts to retain employment; a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation; or other remedial education courses. The Wisconsin works agency may provide case management services regardless of the individual's income and asset levels.
History:  1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.149 - Wisconsin works; education and training.

49.149
Wisconsin works; education and training.
A Wisconsin works agency shall do all of the following:
(1)
Establish a referral relationship with other employment and training programs for participants to make use of varied education and training opportunities available through integrated job centers, as defined by the department by rule.
(3)
Encourage employers to make training sites available on the business site for participants.
History:  1995 a. 289; 2009 a. 2.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.15 - Wisconsin works; 2-parent families.

49.15
Wisconsin works; 2-parent families.
(1)
Definition. In this section, “other parent" means a parent who is not a participant in a Wisconsin works employment position.
(2)
Requirements for nonparticipant parent.
(a)
If a participant in a Wisconsin works employment position resides with the other parent of a dependent child with respect to whom the participant is a custodial parent, the other parent shall participate in activities described under sub. (3) if the Wisconsin works group receives federally funded child care assistance on behalf of the dependent child. The other parent shall participate in activities described under sub. (3) for a number of hours per week that is at least equal to the difference between 55 hours and the sum of the number of hours that the participant in the Wisconsin works employment position participates in the Wisconsin works employment position and the number of hours that the participant in the Wisconsin works employment position participates in any activity described in sub. (3) during that week.
(b)
Paragraph (a) does not apply if the other parent is disabled, as defined by the department, or is caring for a severely disabled child, as defined by the department.
(3)
Prescribed work activities. An individual who is subject to the work requirement under sub. (2) may satisfy the requirement only by participating in any of the following activities:
(a)
Unsubsidized employment, as defined in s. 49.147 (1).
(b)
Subsidized employment, as defined by the department.
(c)
If sufficient private sector employment is not available, work experience, as defined by the department.
(d)
On-the-job training, as defined by the department.
(e)
A community service program, as defined by the department.
History:  1997 a. 27; 1999 a. 32; 2011 a. 257.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.1515 - Determining nonparticipation.

49.1515
Determining nonparticipation.
(1)
Guidelines by rule. The department shall by rule specify guidelines for determining when a participant, or individual in the participant's Wisconsin Works group, who engages in a behavior specified in s. 49.151 (1m) (a), (b), (c), (d), (e), or (f) is demonstrating a refusal to participate.
(4)
Emergency rules prohibited. Notwithstanding s. 227.24, the department may not promulgate any rules under this section as emergency rules using the procedure under s. 227.24.
History:  2009 a. 28; 2011 a. 32; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.153 - Notice before taking certain actions.

49.153
Notice before taking certain actions.
(1)
Written and oral notice. Except as provided in sub. (1m), before taking any action against a participant that would result in a 20 percent or more reduction in the participant's benefits or in termination of the participant's eligibility to participate in Wisconsin Works, a Wisconsin Works agency shall do all of the following:
(a)
Provide to the participant written notice of the proposed action and of the reasons for the proposed action.
(c)
After providing the notice under par. (a), allow the participant a reasonable time to rectify the deficiency, failure, or other behavior to avoid the proposed action.
(1m)
Notice not required. A Wisconsin Works agency is not required to comply with the requirements under sub. (1) if the action taken against a participant is a result of the participant no longer meeting the eligibility criteria under s. 49.145 (2) (a), (b), (c), (d), (g), (i), (j), (m), (q), (r), or (rm) or (3).
(2)
Rules. The department shall promulgate rules that establish procedures for the notice under sub. (1) (a) and that define “reasonable time" for the purpose of sub. (1) (c).
History:  2005 a. 25; 2009 a. 28, 276; 2011 a. 32; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.157 - Wisconsin works; transportation assistance.

49.157
Wisconsin works; transportation assistance.
A Wisconsin works agency may provide transportation assistance in the manner prescribed by the department. The Wisconsin works agency shall limit any financial assistance granted under this subsection to financial assistance for public transportation if a form of public transportation that meets the needs of the participant is available.
History:  1995 a. 289.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.159 - Wisconsin works; noncustodial and minor and other custodial parents.

49.159
Wisconsin works; noncustodial and minor and other custodial parents.
(1)
Noncustodial parents.
(a)
An individual who would be eligible under s. 49.145 except that the individual is the noncustodial parent of a dependent child is eligible for services and benefits under par. (b) if the individual is subject to a child support order, the individual satisfies all of the requirements related to substance abuse screening, testing, and treatment under s. 49.162 that apply to the individual, and any of the following applies to the custodial parent of the dependent child:
1.
The custodial parent is receiving case management services under s. 49.147 (2) (am).
2.
The custodial parent is participating in a Wisconsin Works employment position.
3.
The custodial parent is receiving a grant under s. 49.148 (1m).
4.
The custodial parent is receiving a subsidy for child care for the dependent child under s. 49.155.
(b)
A Wisconsin Works agency may provide to an individual who is eligible under par. (a) any of the following services or benefits:
1.
Job search assistance and case management designed to enable the individual to obtain and retain employment.
2.
Placement in one job under s. 49.147 (3).
3.
A stipend in an amount determined by the Wisconsin Works agency for not more than 4 months. A stipend under this subdivision terminates if the individual is placed in a job under s. 49.147 (3) or obtains unsubsidized employment, as defined in s. 49.147 (1).
(2)
Minor custodial parents; financial and employment counseling. A custodial parent who is under the age of 18 is eligible, regardless of that individual's or that individual's parent's income or assets, to meet with a financial and employment planner. The financial and employment planner may provide the individual with information regarding Wisconsin works eligibility, available child care services, employment and financial planning, family planning services, as defined in s. 253.07 (1) (b), community resources, eligibility for food stamps and other food and nutrition programs.
(3)
Other custodial parents. A custodial parent in a Wisconsin Works group in which the other custodial parent is a participant in a Wisconsin Works employment position or is receiving case management services under s. 49.147 (2) (am) is eligible for employment training and job search assistance services provided by the Wisconsin Works agency.
(4)
Pregnant women. A pregnant woman whose pregnancy is medically verified, who would be eligible under s. 49.145 except that she is not a custodial parent of a dependent child, and who does not satisfy the requirements under s. 49.148 (1m) (a) 2. is eligible for employment training and job search assistance services provided by the Wisconsin Works agency.
History:  1995 a. 289; 1997 a. 27; 2009 a. 28; 2011 a. 32; 2013 a. 20; 2015 a. 55; 2017 a. 365 s. 111.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.161 - Wisconsin works; overpayments.

49.161
Wisconsin works; overpayments.
(1)
Trial employment match program jobs overpayments. Notwithstanding s. 49.96, the department shall recover an overpayment of benefits paid under s. 49.148 (1) (a) from an individual who receives benefits paid under s. 49.148 (1) (a). The value of the benefit liable for recovery under this subsection may not exceed the amount that the department paid in wage subsidies with respect to that participant while the participant was ineligible to participate. The department shall promulgate rules establishing policies and procedures for administrating this subsection.
(2)
Community service jobs and transitional placements overpayments. Except as provided in sub. (3), the department shall recover an overpayment of benefits paid under s. 49.148 (1) (b) or (c) from an individual who continues to receive benefits under s. 49.148 (1) (b)and (c) by reducing the amount of the individual's benefit payment by no more than 10 percent.
(3)
Overpayments caused by intentional program violations. If an overpayment under sub. (1) or (2) is the result of an intentional violation of ss. 49.141 to 49.161 or of rules promulgated by the department under those sections, the department shall recover the overpayment by deducting an amount from the benefits received under s. 49.148 (1) (a), (b) or (c), until the overpayment is recovered. The amount to be deducted each month may not exceed the following:
(a)
For intentional program violations resulting in an overpayment that is less than $300, 10 percent of the amount of the monthly benefit payment.
(b)
For intentional program violations resulting in an overpayment that is at least $300 but less than $1,000, $75.
(c)
For intentional program violations resulting in an overpayment that is at least $1,000 but less than $2,500, $100.
(d)
For intentional program violations resulting in an overpayment that is $2,500 or more, $200.
History:  1995 a. 289; 1997 a. 27; 1999 a. 9; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.167 - Alcohol and other drug abuse treatment grant program.

49.167
Alcohol and other drug abuse treatment grant program.
(1)
The department may award grants to counties, tribal governing bodies, and private entities to provide community-based alcohol and other drug abuse treatment programs that are targeted at individuals who have a family income of not more than 200 percent of the poverty line and who are eligible for temporary assistance for needy families under 42 USC 601 et seq. and that do all of the following:
(a)
Meet the special needs of low-income persons with problems resulting from alcohol or other drug abuse.
(b)
Emphasize parent education, vocational and housing assistance and coordination with other community programs and with treatment under intensive care.
(2)
The department shall do all of the following with respect to any grants awarded under par. (a):
(a)
Award the grants in accordance with the department's request-for-proposal procedures.
(b)
Ensure that the grants are distributed in both urban and rural communities.
(c)
Evaluate the programs under the grants by use of client-outcome measurements that the department develops.
(3)
The department shall coordinate the grant program under this section with any similar grant program administered by the department of health services.
History:  1999 a. 9; 2003 a. 33; 2007 a. 20 s. 9121 (6) (a).
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.169 - Literacy grants.

49.169
Literacy grants.
(2)
The department may award grants to qualified applicants for the provision of literacy training to individuals who are eligible for temporary assistance for needy families under 42 USC 601 et seq.
(4)
The department, in consultation with the technical college system board, the department of public instruction, and the governor's office, shall develop written criteria to be used to evaluate any grant proposals and to allocate any grants under this section among successful grant applicants.
(5)
The department shall require grant recipients to coordinate with the appropriate Wisconsin works agencies to ensure that those participants in Wisconsin works who are served by those Wisconsin works agencies and who need literacy training receive adequate literacy training.
History:  1999 a. 9; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.225 - Ordering genetic tests.

49.225
Ordering genetic tests.
(1)
In this section, “genetic test" has the meaning given in s. 767.001 (1m).
(2)
(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, the male alleged, or alleging himself, to be the child's father, or the county child support agency under s. 59.53 (5) based on information provided by the child's mother.
(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.
(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:
(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 percent or higher.
(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.
History:  1997 a. 191; 2005 a. 443 s. 265; 2019 a. 95.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.227 - Program for publication of delinquent child support obligors.

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.
History:  1995 a. 12; 1997 a. 191 s. 39; Stats. 1997 s. 49.227; 1999 a. 32 s. 131.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.24 - Child support incentive payments.

49.24
Child support incentive payments.
(1)
The department shall provide child support incentive payments to counties from one of the following appropriations:
(a)
Unless par. (b) applies, from the appropriation under s. 20.437 (2) (bc).
(b)
If federal legislation provides for the matching of federal funds for federal child support incentive payments at a rate of 66 percent or more, from the appropriation under s. 20.437 (2) (k) while the federal legislation is in effect. Total payments under this paragraph may not exceed $5,690,000 per year.
(2)
(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.
(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:
2.
Of the amount of federal child support incentive payments awarded to the state for each federal fiscal year, the amount awarded if that amount is less than $12,340,000, or $12,340,000 plus 30 percent of the amount awarded that exceeds $12,340,000.
3.
All federal matching funds associated with the amounts distributed under subd. 2.
(c)
The department may retain 70 percent of the amount of federal child support incentive payments awarded to the state for each federal fiscal year 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.
(dm)
If the amount of federal child support incentive payments awarded to the state for a federal fiscal year is less than $12,340,000 and the department is providing child support incentive payments to counties for that federal fiscal year under sub. (1) (b), the total of payments distributed to counties under par. (b) and sub. (1) for that federal fiscal year may not exceed $12,340,000.
(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.
History:  1997 a. 27; 1999 a. 9; 2003 a. 33; 2007 a. 20; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.25 - Incentive payments for identifying children with health insurance.

49.25
Incentive payments for identifying children with health insurance.
From the appropriation under s. 20.437 (2) (e), the department may provide incentive payments to county child support agencies under s. 59.53 (5) for identifying children who are receiving medical assistance benefits and who have health insurance coverage or access to health insurance coverage. The department of children and families may disclose to the department of health services information that it possesses or obtains that would assist in identifying children with medical assistance coverage who have health insurance coverage or access to health insurance coverage.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.255 - Case management incentive payments.

49.255
Case management incentive payments.
An individual who receives case management services under s. 49.1475 is eligible to receive from the department a supplement of $50 per month over a period of 12 months if the individual meets the federal work participation requirements under 42 USC 607.
History:  2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.257 - Milwaukee child care grant program.

49.257
Milwaukee child care grant program.
(1)
In this section, “child care provider” has the meaning given in s. 49.155 (1) (ag).
(2)
From the allocation under s. 49.175 (1) (p), the department may award grants to child care providers to support access to high-quality child care for families that reside in a geographic area with high-poverty levels, as identified by the department, in the city of Milwaukee. A grant under this section may be used for start-up costs, ongoing operational costs, including subsidy payments for eligible families, and quality improvement activities. A child care provider that is awarded a grant under this subsection shall contribute matching funds equal to 25 percent of the amount awarded. The matching contribution may be in the form of money or in-kind goods or services.
(3)
From the allocation under s. 49.175 (1) (qm), the department may award grants to any of the following to improve overall child care quality in the geographic area identified under sub. (2):
(a)
Child care providers and employees of child care providers.
(b)
Educational institutions for the purpose of educating employees of child care providers.
History:  2019 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.273 - Research, investigations.

49.273
Research, investigations.
The secretary shall plan for and establish within the department a program of research designed to determine the effectiveness of the treatment, curative, and rehabilitative programs of the various divisions of the department. The secretary may inquire into any matter affecting children and families, hold hearings, subpoena witnesses and make recommendations on those matters to the appropriate public or private agencies.
History:  2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.275 - Cooperation with federal government.

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, child welfare under ch. 48, and community-based juvenile delinquency-related services under ch. 938 and in other matters of mutual concern pertaining to public welfare, child welfare, and juvenile delinquency under this subchapter and chs. 48 and 938.
History:  1995 a. 27; 2007 a. 20; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.29 - Loss of eligibility.

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:
(1)
Upon the first occurrence, for 6 months.
(2)
Upon the 2nd occurrence, for one year.
(3)
Upon the 3rd occurrence, permanently.
History:  1985 a. 29; 1991 a. 313; 1993 a. 16; 1995 a. 27 ss. 2787, 2919.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.348 - Recidivism reduction program.

49.348
Recidivism reduction program.
(1)
The department may request proposals for a program that reduces the rate of recidivism of persons in the city of Milwaukee who have previously been incarcerated following a criminal conviction. The department shall specify that the program will be conducted under a contract with a 5-year term and that no payment will be made under the contract until the organization selected to conduct the program demonstrates, after the 5-year term, that the program met a certain minimum level of success, as determined under subs. (2) and (4). The selected organization may serve as an intermediary for obtaining funding to perform the contract by raising capital from private donors or investors and for subcontracting with direct providers to achieve the specified performance outcomes. In evaluating proposals, the department shall give a preference to those that incorporate reuniting parents with their children.
(2)
The legislative audit bureau shall assist the department and the selected organization in identifying benchmarks by which to measure the organization's performance under the contract.
(4)
After completion of the 5-year contract term, the legislative audit bureau shall conduct an audit of the program to determine whether the benchmarks identified under sub. (2) have been met.
History:  2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.37 - Offender reentry demonstration project.

49.37
Offender reentry demonstration project.
(1)
Beginning in fiscal year 2017-18, the department of children and families shall establish a 5-year offender reentry demonstration project focused on noncustodial fathers in a 1st class city.
(2)
Upon completion of the demonstration project under sub. (1) and by June 30, 2023, the department of children and families shall conduct an evaluation of the demonstration project.
History:  2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.385 - No action against members of the Menominee Indian tribe in certain cases.

49.385
No action against members of the Menominee Indian tribe in certain cases.
No action shall be commenced under s. 46.10 or 49.08 or any other provision of law for the recovery from assets distributed to members of the Menominee Indian tribe and others by the United States pursuant to P.L. 83-399, as amended, for the value of relief or old-age assistance under s. 49.20, 1971 stats., as affected by chapter 90, laws of 1973, and the value of maintenance in state institutions under ch. 46, furnished prior to termination date as defined in s. 70.057 (1), 1967 stats., to any legally enrolled member of the Menominee Indian tribe, his or her dependents, or lawful distributees of such member under section 3, said P.L. 83-399, as amended. For purposes of this section, “legally enrolled members of the Menominee Indian tribe" shall include only those persons whose names appear on “Final Roll-Menominee Indian Tribe of Wisconsin" as proclaimed by the secretary of the interior November 26, 1957, and published at pages 9951 et seq. of the federal register, Thursday, December 12, 1957.
History:  1973 c. 147, 243; 1983 a. 192; 1995 a. 27 s. 2768m; Stats. 1995 s. 49.385.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.452 - Counting promissory notes as assets for certain Medical Assistance programs.

49.452
Counting promissory notes as assets for certain Medical Assistance programs.
(1)
In this section, “promissory note" means a written, unconditional agreement, given in return for goods, money loaned, or services rendered, under which one party promises to pay another party a specified sum of money at a specified time or on demand.
(2)
If an individual's assets are counted when determining or redetermining the individual's financial eligibility for Medical Assistance, the department shall include a promissory note as a countable asset if all of the following apply:
(a)
The individual applying for or receiving benefits under Medical Assistance or his or her spouse provided the goods, money loaned, or services rendered for the promissory note.
(b)
The promissory note was entered into or purchased on or after July 14, 2015.
(c)
The promissory note is negotiable, assignable, and enforceable and does not contain any terms making it unmarketable.
(3)
A promissory note is presumed to be negotiable and its asset value is the outstanding principal balance at the time the individual applies for Medical Assistance or at the time the individual's eligibility for Medical Assistance is redetermined, unless the individual shows by credible evidence from a knowledgeable source that the note is nonnegotiable or has a different current market value, which will then be considered the asset value.
History:  2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.465 - Presumptive medical assistance eligibility.

49.465
Presumptive medical assistance eligibility.
(1)
In this section, “qualified provider" means a provider which satisfies the requirements under 42 USC 1396r-1 (b) (2), as determined by the department.
(2)
A pregnant woman is eligible for medical assistance benefits, as provided under sub. (3), during the period beginning on the day on which a qualified provider determines, on the basis of preliminary information, that the woman's family income does not exceed the highest level for eligibility for benefits under s. 49.46 (1) or 49.47 (4) (am) or (c) 1. and ending as follows:
(a)
If the woman applies for benefits under s. 49.46 or 49.47 within the time required under sub. (4), the day on which the department or the county department under s. 46.215, 46.22 or 46.23 determines whether the woman is eligible for benefits under s. 49.46 or 49.47.
(c)
If the woman does not apply for benefits under s. 49.46 or 49.47 within the time required under sub. (4), the last day of the month following the month in which the provider makes the determination under this subsection.
(3)
The department shall audit and pay allowable charges to a provider certified under s. 49.45 (2) (a) 11. for medical assistance on behalf of a recipient under this section only for ambulatory prenatal care covered under s. 49.46 (2).
(4)
A woman who is determined to be eligible under this section shall apply for benefits under s. 49.46 or 49.47 on or before the last day of the month following the month in which the qualified provider makes that determination.
(5)
A qualified provider which determines that a woman is eligible under this section shall do all of the following:
(a)
Notify the department of that determination within 5 working days after the day the determination is made.
(b)
Notify the woman of the requirement under sub. (4).
(6)
The department shall provide qualified providers with application forms for medical assistance under ss. 49.46 and 49.47 and information on how to assist women in completing the forms.
History:  1987 a. 27, 307, 413; 1989 a. 9; 1989 a. 31 ss. 1460p, 2909g, 2909i; 1991 a. 269; 1995 a. 289; 1997 a. 27; 2011 a. 10, 32.