1999 Wisconsin Act 9

46.481 (6) Children's safe house child care program. The department shall distribute $50,000 in each fiscal year to the children's safe house child care program in Kenosha County for the operation of that program.

9,1100 Section 1100. 46.485 (2g) (intro.) of the statutes is amended to read:

46.485 (2g) (intro.) From the appropriation under s. 20.435 (5) (4) (b), the department may in each fiscal year transfer funds to the appropriation under s. 20.435 (7) (kb) for distribution under this section and from the appropriation under s. 20.435 (7) (mb) the department may not distribute more than $1,330,500 in each fiscal year to applying counties in this state that meet all of the following requirements, as determined by the department:

9,1101 Section 1101. 46.485 (3r) of the statutes is amended to read:

46.485 (3r) Funds that a county does not encumber before 24 months after June 30 of the fiscal year in which the funds were distributed under sub. (2g) lapse to the appropriation under s. 20.435 (5) (4) (b).

9,1103 Section 1103. 46.495 (1) (d) of the statutes is amended to read:

46.495 (1) (d) From the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2) and , (8) and (9) (b). Each county's required match for the distributions under s. 46.40 (2) and (8) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (2) and (8) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

9,1104g Section 1104g. 46.513 of the statutes is created to read:

46.513 Services for children and families. From the appropriation under s. 20.435 (3) (bm), the department shall distribute grants to counties in each fiscal year to fund services for children and families. The department shall determine the amount of a county's grant under this section based on the county's proportion of the state's population as last estimated by the department of administration under s. 16.96. The department of health and family services shall distribute the grants under this section in the calendar year after the calendar year in which the amount available for those grants is certified by the department of revenue under s. 77.63 (2).

9,1105 Section 1105. 46.70 (2) of the statutes is amended to read:

46.70 (2) From the appropriations under s. 20.435 (7) (dL) (kL) and (o), the department may make available to any of the 11 federally recognized tribal governing bodies in this state funds for the purposes stated in sub. (1). Beginning July 1, 1991, and ending September 30, 1991, the department may award to each tribal governing body up to $6,800. Beginning October 1, 1991, and ending September 30, 1992, the department may award to each tribal governing body up to $27,200. Beginning October 1, 1992, and ending June 30, 1993, the department may award to each tribal governing body up to $20,400. Receipt of funds is contingent upon department approval of an application submitted by a tribal governing body. The department may partially approve any application and provide only part of the funds requested. Each application shall contain a plan for expenditure of funds, consistent with the purposes stated in sub. (1).

9,1106 Section 1106. 46.71 (1) (intro.) of the statutes is amended to read:

46.71 (1) (intro.) From the appropriation under s. 20.435 (7) (dm) (km), the department shall, for the development of new drug abuse prevention, treatment and education programs that are culturally specific with respect to American Indians or to supplement like existing programs, allocate a total of not more than $500,000 in each fiscal year to all the elected governing bodies of federally recognized American Indian tribes or bands that submit to the department plans, approved by the department, that do all of the following:

9,1107 Section 1107. 46.71 (2) of the statutes is amended to read:

46.71 (2) The amount of funds allocated by the department under sub. (1) may not exceed the amounts appropriated under s. 20.435 (7) (dm) (km).

9,1108 Section 1108. 46.715 of the statutes is repealed.

9,1109 Section 1109. 46.76 (3) of the statutes is repealed.

9,1110 Section 1110. 46.765 of the statutes is repealed.

9,1111 Section 1111. 46.81 (2) of the statutes is amended to read:

46.81 (2) From the appropriation under s. 20.435 (7) (dj) (dh), the department shall allocate $2,298,400 in each fiscal year to aging units to provide benefit specialist services for older individuals. The department shall ensure that each aging unit receives funds and shall take into account the proportion of the state's population of low-income older individuals who reside in a county.

9,1112 Section 1112. 46.81 (5) of the statutes is amended to read:

46.81 (5) From the appropriation under s. 20.435 (7) (dj) (dh) the department shall allocate $182,500 in each fiscal year to area agencies on aging. Each area agency on aging shall use the funds for training, supervision and legal back-up services for benefit specialists within its area.

9,1113 Section 1113. 46.82 (3) (a) 19. of the statutes is created to read:

46.82 (3) (a) 19. If an aging unit under sub. (1) (a) 1. or 2. and if authorized under s. 46.283 (1) (a) 1., apply to the department to operate a resource center under s. 46.283 and, if the department contracts with the county under s. 46.283 (2), operate the resource center.

9,1114 Section 1114. 46.82 (3) (a) 20. of the statutes is created to read:

46.82 (3) (a) 20. If an aging unit under sub. (1) (a) 1. or 2. and if authorized under s. 46.284 (1) (a) 1., apply to the department to operate a care management organization under s. 46.284 and, if the department contracts with the county under s. 46.284 (2), operate the care management organization and, if appropriate, place funds in a risk reserve.

9,1115 Section 1115. 46.856 of the statutes is renumbered 46.856 (2), and 46.856 (2) (intro.), as renumbered, is amended to read:

46.856 (2) (intro.) From the appropriation under s. 20.435 (7) (bg), the department shall award a grant to at least one public agency or private nonprofit organization, as defined in s. 108.02 (19), to do all of the following:

9,1116 Section 1116. 46.856 (1) of the statutes is created to read:

46.856 (1) In this section:

(a) "Private nonprofit organization" has the meaning given in s. 108.02 (19).

(b) "Public agency" means a county, city, village, town or school district or an agency of this state or of a county, city, village, town or school district.

9,1117 Section 1117. 46.86 (1) of the statutes is amended to read:

46.86 (1) From the appropriation under s. 20.435 (7) (cp) and (md), the department may award funds and from the appropriation under s. 20.435 (7) (md) the department may award not more than $125,500 in each fiscal year as grants to counties and private nonprofit entities for treatment for pregnant women and mothers with alcohol and other drug abuse treatment needs; mothers who have alcohol and other drug abuse treatment needs and dependent children up to the age of 5 years; and the dependent children up to the age of 5 years of those mothers. The grants shall be awarded in accordance with the department's request-for-proposal procedures. The grants shall be used to establish community-based programs, residential family-centered treatment programs or home-based treatment programs. The program under a grant must include alcohol and other drug abuse treatment services, parent education, support services for the children of the women who are enrolled in the program, vocational assistance and housing assistance. Any program funded under this subsection must also provide follow-up aftercare services to each woman and her children for at least 2 years after the date on which a woman has left the program.

9,1118 Section 1118. 46.86 (5) of the statutes is amended to read:

46.86 (5) From the appropriation under s. 20.435 (7) (md), the department may not distribute more than $35,000 $235,000 in each fiscal year as a grant to the ARC community services center Community Services, Inc., for women and children in Dane county, to address a projected operation deficit of the center; County, to provide additional funding for staff of the center and transportation and meal expenses for chemically dependent women who receive services from the center; and to provide additional funding for staff of the center.

9,1119 Section 1119. 46.86 (6) of the statutes is created to read:

46.86 (6) (a) From the appropriation under s. 20.435 (7) (md), the department may award not more than $1,167,900 in each fiscal year as grants to counties and private entities to provide community-based alcohol and other drug abuse treatment programs that do all of the following:

1. Meet special needs of women with problems resulting from alcohol or other drug abuse.

2. Emphasize parent education, vocational and housing assistance and coordination with other community programs and with treatment under intensive care.

(b) The department shall do all of the following with respect to the grants under par. (a):

1. Award the grants in accordance with the department's request-for-proposal procedures.

2. Ensure that the grants are distributed in both urban and rural communities.

3. Evaluate the programs under the grants by use of client-outcome measurements that the department develops.

9,1120 Section 1120. 46.93 (2) (intro.) of the statutes is amended to read:

46.93 (2) Purpose; allocation. (intro.) From the appropriation under s. 20.434 (1) (b) (ky), the board shall award not more than $439,300 in each of fiscal years 1997-98 and 1998-99 year for grants to organizations to provide adolescent pregnancy prevention programs or pregnancy services that include health care, education, counseling and vocational training. Types of services and programs that are eligible for grants include all of the following:

9,1120c Section 1120c. 46.95 (2) (a) of the statutes is amended to read:

46.95 (2) (a) The secretary shall make grants from the appropriations under s. 20.435 (3) (cd) and, (hh) and (km) to organizations for the provision of any of the services specified in sub. (1) (d). Grants may be made to organizations which have provided those domestic abuse services in the past or to organizations which propose to provide those services in the future. No grant may be made to fund services for child or unborn child abuse or abuse of elderly persons.

9,1120g Section 1120g. 46.95 (2) (f) (intro.) of the statutes is amended to read:

46.95 (2) (f) (intro.) From the appropriations under s. 20.435 (3) (cd) and, (hh) and (km), the department shall do all of the following:

9,1120m Section 1120m. 46.95 (2) (f) 7. of the statutes is created to read:

46.95 (2) (f) 7. Award a grant of $25,000 in each fiscal year to each of 30 organizations to enhance support services. Funding may be used for such purposes as case management; children's programming; assisting victims of domestic abuse to find employment; and training in and activities promoting self-sufficiency.

9,1120n Section 1120n. 46.95 (2) (f) 8. of the statutes is created to read:

46.95 (2) (f) 8. Award $200,000 in grants in each fiscal year to organizations for domestic abuse services for individuals who are members of underserved populations, including racial minority group members and individuals with mental illness or developmental disabilities. A grant to an organization may not exceed $60,000.

9,1120p Section 1120p. 46.95 (2) (f) 9. of the statutes is created to read:

46.95 (2) (f) 9. Award a grant of $25,000 in fiscal year 1999-2000 and a grant of $50,000 in each fiscal year thereafter to the Wisconsin Coalition Against Domestic Violence for the cost of a staff person to provide assistance in obtaining legal services to domestic abuse victims.

9,1120r Section 1120r. 46.95 (2) (g) of the statutes is created to read:

46.95 (2) (g) Grants made and moneys expended under this subsection from the appropriation under s. 20.435 (3) (km) may be used only for the benefit of individuals whose family incomes do not exceed 250% of the poverty line, as defined in s. 49.001 (5).

9,1121g Section 1121g. 46.986 of the statutes is created to read:

46.986 Respite care program. (1) Definitions. In this section:

(a) "Abuse" means the wilful infliction on a person of physical pain or injury or unreasonable confinement.

(b) "Caregiver" means an individual who lives in the home of a person with special needs and provides care or supervision for that person.

(c) "County department" means a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437.

(d) "Neglect" means an act, omission or course of conduct that, because of the failure to provide adequate food, shelter, clothing, medical care or dental care, creates a significant danger to the physical and mental health of a person.

(e) "Provider" means an individual or agency that a caregiver selects, with input to the selection by the person with special needs, if competent, to provide respite care to the person with special needs.

(f) "Respite care" means care that is provided to a person with special needs, or a person at risk of abuse or neglect, in order to provide temporary relief to the caregiver of that person or when the caregiver is unable to provide care.

(g) "Special need" means a person's need resulting from an emotional, behavioral, cognitive, physical or personal condition that necessitates receipt of care or supervision in order to meet the person's basic needs or to prevent harm from occurring to him or her.

(h) "Tribe or band" means the governing body of a federally recognized American Indian tribe or band in this state.

(2) Program. (a) From the appropriation account under s. 20.435 (7) (br), the department shall contract for the administration of life-span respite care projects with an organization to which all of the following apply:

1. The organization is a private, nonprofit organization, as defined in s. 108.02 (19), that is capable of operating on a statewide basis and has expertise in respite care issues.

2. At least 51% of the members of the organization's governing board are consumers of respite care or caregivers.

3. The membership of the organization's governing board includes providers and elected officials and represents the diverse geographical areas and cultural groups of the state.

(b) The organization with which the department contracts under par. (a) shall do all of the following:

1. After consulting with the department, county departments, tribes or bands, providers and caregivers, prescribe criteria for the distribution of grants to conduct life-span respite care projects. The criteria shall include the requirement that grant funds be equally distributed among 5 administrative regions of the state, as prescribed by the department.

2. Solicit applications from and, using the criteria under subd. 1., award in the 1999-2001 state fiscal biennium up to one grant in each of the 5 administrative regions prescribed by the department to any of the following to conduct a life-span respite care project:

a. A county department.

b. A tribe or band.

c. A community-based private, nonprofit entity.

d. A community-based private entity that is operated for profit.

3. Require that the grantee contribute matching funds to the operation of the life-span respite care project in the following amounts:

a. Ten percent of the amount of the grant awarded by the organization, as direct services, which shall be used by the grantee to fund payments from caregivers to providers.

b. Fifteen percent of the amount of the grant awarded by the organization, as in-kind services.

4. Oversee grants awarded under subd. 2., and monitor, provide technical assistance to and evaluate the life-span respite care projects.

5. Develop best practice guidelines and a training curriculum that may be used by life-span respite care projects that are funded under this section and that may be used, if appropriate, by any other respite care providers in the state.

6. Promote the exchange of information and coordination among the state, local governments, life-span respite care projects, entities serving persons with special needs, families of persons with special needs and persons in favor of the promotion of respite care services, to encourage the efficient provision of respite care services.

7. Act as a statewide clearinghouse of information about respite care and existing respite care programs and resources and operate a library of materials that may be lent to persons or organizations upon request.

8. Conduct analyses of respite care policies and proposals, and identify and promote resolution of respite care policy concerns at legislative, state and local levels.

(3) Grants not to supplant other moneys. Moneys awarded as grants under sub. (2) (b) may not be used to supplant moneys otherwise available and, prior to receipt of the grant, dedicated by the grantee to respite care.

(4) Life-span respite care project requirements. Life-span respite care projects for which a grant is awarded under sub. (2) (b) 2. shall do all of the following: