294 N.W. 835 | Wis. | 1940
Proceedings before the industrial commission, begun January 11, 1939, by Milwaukee county to recover from Waukesha county for poor relief extended to a minor. The industrial commission dismissed the claim. Milwaukee county under sec. 49.03 (8a) (c), Stats., appealed to the circuit court for Dane county where the ruling of the industrial commission was confirmed. From a judgment accordingly entered, Milwaukee county appeals.
The industrial commission decided: (1) That the mother (a widow) of the minor who was relieved resided in Milwaukee from September 1, 1936, to December, 1937; (2) that she there and then received no support as a pauper; (3) that she lost the legal settlement which she had in the city of Waukesha by reason of her absence therefrom.
The holding by the industrial commission that the mother of the minor on relief had gained a legal settlement in Milwaukee county cannot be sustained when the statutes governing the situation are properly construed. It is undisputed that at the time the mother first secured dependent children's aid she had a legal settlement in the city of Waukesha. It follows, as a matter of law, from sec.
"Every person of full age who shall have resided in any town, village or city in this state one whole year shall thereby gain a settlement therein; but no residence of a person in any town, village or city while supported therein as a pauper. . . shall operate to give such person a settlement therein."
Sec.
"Such child must have a legal settlement in the county in which application is made for aid."
The family in question lived in Waukesha when the father died on August 22, 1934. The widow and three of her minor children were given direct relief by Waukesha county from 1934 to August, 1936, when the mother applied for dependent children's aid under sec.
Waukesha county denies liability and urges that ch. 48, Stats., in which dependent children's aid is provided for is a matter separate and distinct from ch. 49 which deals with poor relief, and that public contributions to children in the form of dependent children's aid does not interfere with the gaining of a legal settlement. *236
The question is whether aid in the form of a mother's pension or dependent children's aid prevents a mother, responsible for the support of her children, from gaining a new legal settlement.
The trial court was of the opinion that this aid was of such a nature that it was not affected by the laws regulating legal settlements, but the conclusion that such aid is not the public relief usually styled pauper relief cannot be sustained. Sec.
Since leaving Waukesha the mother has never lived a full year anywhere else without public aid, and has therefore gained no new legal settlement. The minor derives his legal settlement from his mother, so his relief likewise is chargeable to Waukesha county.
Dependent children's aid may be granted only on a showing that dependency upon the public for support exists. The legislative intent that the head of a family must be indigent before such public aid as is here involved can rightfully be granted, is further shown by the wording of parts of ch. 48, Stats. *237
Sec.
"Aid shall be granted to the mother . . . who is dependentupon the public. . . ."
Sub (6) reads:
". . . Aid pursuant to this section shall be the only form of public assistance granted to the family for the benefit of such child. . . ."
And sub. (7) reads:
"Aid may be granted . . . to a father . . .who is physically incapacitated for gainful employment but capable of caring for a dependent child in his home. . . ."
These quoted portions also indicate that such assistance is aid to the family. The evidence in this case very clearly indicates that the mother was an indigent and dependent upon the public for support during the times material to this inquiry. The term "legal settlement" as used in sec.
Hence direct relief, mother's pensions, or dependent children's aid when given because of the dependency of the parent upon the public for support is public assistance directly assisting the parent in the discharge of a legal duty to support the children and brings the allowance thereof within the terms of the statutes governing assistance to paupers. The granting of such relief prevents the gaining of a new legal settlement, which in this case means the settlement of the mother and her minor children remains in Waukesha county.
By the Court. — Judgment reversed, and cause remanded with directions to enter judgment reversing the findings and order of the industrial commission, and for further proceedings according to law. *238