49.19 Aid to families with dependent children.

781 words·~4 min read·/wi/chapter-49/49-19-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In this section, “dependent child” means a child under the age of 18 or, if the child is a full-time student at a secondary school or its vocational or technical equivalent and is reasonably expected to complete the program before reaching 19, is under the age of 19, who:

1. Has been deprived of parental support or care by reason of the death, continued absence from the home other than absence occasioned solely by reason of the performance of active duty in the uniformed services of the United States, unemployment or incapacity of a parent; and

a. Is living with a parent; a blood relative, including those of half-blood, and including first cousins, nephews or nieces and persons of preceding generations as denoted by prefixes of grand, great or great-great; a stepfather, stepmother, stepbrother or stepsister; a person who legally adopts the child or is the adoptive parent of the child’s parent, a natural or legally adopted child of such person or a relative of an adoptive parent; or a spouse of any person named in this subparagraph even if the marriage is terminated by death or divorce; and is living in a residence maintained by one or more of these relatives as the child’s or their own home, or living in a residence maintained by one or more of these relatives as the child’s or their own home because the parents of the child have been found unfit to have care and custody of the child; or

b. Is living in a foster home licensed under s. 48.62 if a license is required under that section, in a foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625 , or in a residential care center for children and youth licensed under s. 48.60 , and has been placed in the foster home, group home, or center by a county department under s. 46.215 , 46.22 , or 46.23 , by the department, by the department of corrections, or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department.

(b)Any individual may apply for aid to families with dependent children and shall have opportunity to do so. Application for aid shall be made on forms prescribed by the department. Any person having knowledge that any child is dependent upon the public for proper support or that the interest of the public requires that such child be granted aid may bring the facts to the notice of an agency administering such aid in the county in which the child resides.

1. “Aid to families with dependent children” means money payments with respect to, or vendor payments as prescribed by the department, or medical care in behalf of or any type of remedial care recognized under subs.

(1)to

(10)or s. 49.46 or necessary burial expenses as defined in sub.

(5)in behalf of a dependent child or dependent children.

2. “Aid to families with dependent children” also includes such aid to meet the needs of the relative with whom any dependent child is living and the spouse of the relative if:

a. The spouse is living with the relative, the relative is the child’s parent and the child is a dependent child by reason of the physical or mental incapacity of a parent; or

b. The spouse is a convicted offender permitted to live at home but precluded from earning a wage because the spouse is required by a court imposed sentence to perform unpaid public work or unpaid community service.

3. “Aid to families with dependent children” also includes payments made to another individual not a relative enumerated under par.

(a), pursuant to federal regulations, if:

a. The individual has been appointed by a court of competent jurisdiction as a legal representative of the dependent child; or

b. The individual who may be a caseworker has been designated by the county department under s. 46.215 or 46.22 to receive payment of the aid or cash payments to recipients who are engaged in an approved work relief or training project.

(d)The rate of payment for skilled nursing care provided under this section shall be determined by the county under guidelines established by the department pursuant to s. 49.45

(6m). Payment for limited care shall not exceed 90 percent of the applicable Title XIX skilled care rate. Payment for personal care shall not exceed 80 percent of the applicable Title XIX skilled care rate.