Section DHS 98.07 - Funds, property and loans(1) In this section, "financial resources" means any special benefits the client is eligible for, e.g., benefits from the social security or veteran's administration or railroad retirement fund, any income earned by the client, any money in a savings or checking account controlled by the client, any unearned income given to the client, e.g., from family or friends, and any income the client receives through inheritances, grants or income tax refund.(2) An agent may assist in the management of the financial resources of a client. When an agent manages money under this section, the agent shall specify the reason the client's money is being managed and the facts supporting that reason. The management of the client's funds may be done only through a savings account in the client's name administered in accordance with this section and only if one of the following applies: (a) The client requests it;(b) The agent believes that management is necessary to control the client's funds and to teach mature money management so that the client may develop skills for a more successful reassimilation into the community upon discharge;(c) Reimbursement is necessary for the cost of purchased services provided to the client by the department; or(d) The agent believes that management is necessary to ensure compliance with the client's existing financial obligations.(3) An agent may require the client to provide financial information to assist in the management of the client's financial resources, including but not limited to: (a) The amount and source of all the gross annual earned and unearned income of the client;(b) The names of the people in the client's household dependent upon the income under par. (a); (c) The names and addresses of all third party payors to, or on behalf of, the client such as insurance companies or medical assistance programs, and relevant policyholders and account claim numbers;(d) The work-related expenses of the client;(e) Any outstanding court obligations or judgments against the client;(f) The social security number of the client, and any other claim numbers for special benefits for which the client may be eligible; and(g) Federal or state income tax returns.(4) All financial resources of a client managed by an agent shall be deposited directly into the client's account upon receipt.(5) An agent shall maintain a personal receipt book, provided by the department of corrections, containing sequentially numbered receipt forms. If an agent receives money (cash, a check or money order) on behalf of a client from anyone, the agent shall immediately issue that person a receipt indicating the date the money was received, the name of the person, the name of the client and the amount of money received. No temporary receipts may be issued and all receipts voided shall be marked "VOID" and retained in proper sequence in the receipt book. Checks or money orders paid to the order of the agent may be accepted by the agent and shall be restrictedly endorsed to the order of the department of corrections. If the agent receives cash on behalf of a client, it shall be converted to a money order payable to the department of corrections within one working day of its receipt. Any employee of the division who is assigned a receipt book shall comply with this subsection.(6) An agent shall transmit all collections received on behalf of clients to the department of correction's cashier for deposit into the client's account at the close of the work week within which it was collected. Any employee of the division who is assigned a receipt book shall comply with this subsection.(7) An agent shall maintain a personal remittance sheet book and sequentially numbered remittance sheet forms. When an agent transmits collections received on behalf of clients to the department of corrections' cashier, a remittance sheet stating the issued receipt numbers, the dates the money was received, the names of the clients who are to have the money credited to an account and the amount of money credited to each client's account, shall accompany the collections. All voided receipts shall be recorded on the remittance sheet. The agent may not submit personal checks drawn on his or her account. Any employee of the division who is assigned a receipt book shall maintain remittance sheets and shall comply with this subsection.(8) An agent's supervisor shall audit the agent's management of a client's financial resources semiannually, at the termination or upon transfer of his or her employment as an agent or division employee, and when a receipt book is filled.(9) An agent shall file a disbursement order with the department of corrections cashier drawn on the client's savings account when payments towards the client's bills are due or when the client, with the agent's permission, wishes to withdraw money. A disbursement order shall state the name of the person or agency to receive the money, the amount of money to be disbursed and the purpose for the disbursement, and shall include an itemized account of how the money is to be spent if this is applicable. No money shall be disbursed unless the order is signed by the client and the agent. A disbursement order requesting a disbursement of $250.00 or more shall not be honored by the department of corrections cashier unless it contains the signature of the agent's supervisor. A disbursement order may be filed with the department of corrections cashier authorizing the payment of a client's bills, for instance, for rent, on a routine basis.(10) An agent and the department of correction's cashier shall maintain accurate and complete itemized records of all disbursements from or deposits to a client's account. An agent shall record this information on a ledger sheet contained in the client's record. The department of corrections cashier shall maintain the official department record.(11) An agent may seek a wage assignment against a client if it is necessary to assure timely collection of restitution and court costs and to control the client's earnings.(12) All funds in a client's savings account administered by the department of corrections cashier shall be disbursed to the client through the agent upon the client's discharge.(13) One year after a client absconds, any funds remaining in a client's savings account administered by the department may be used to extend loans to other clients. Within 5 years after such a transfer, any person upon proof of ownership may have the funds repaid to them in accordance with the law.(14) An agent may not receive or store any property for a client except as provided under s. DHS 98.14.Wis. Admin. Code Department of Health Services DHS 98.07
Cr. Register, July, 1992, No. 439, eff. 8-1-92.