2005 Wisconsin Act 25

2. At-risk assessments for all dependent children of female prisoners or offenders who receive services under subd. 1., and comprehensive support services.

25,883 Section 883. 46.495 (1) (am) of the statutes is amended to read:

46.495 (1) (am) The department shall reimburse each county from the appropriations under s. 20.435 (3) (o) and (7) (b) and (o) for social services as approved by the department under ss. 46.215 (1), (2) (c) 1., and (3) and 46.22 (1) (b) 1. d. and (e) 3. a. except that no reimbursement may be made for the administration of or aid granted under s. 49.02.

25,884 Section 884. 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) and (o), the department shall distribute the funding for social services, including funding for foster care or, treatment foster care, or subsidized guardianship 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), (8), and (9) (b). Each county's required match for the distribution under s. 46.40 (2) shall be specified in a schedule established annually by the department of health and family services. Each county's required match for the distribution under s. 46.40 (8) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (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.

25,885 Section 885. 46.51 (4) of the statutes is amended to read:

46.51 (4) A county may use the funds distributed under this section to fund additional foster parents and , treatment foster parents, and subsidized guardians or interim caretakers to care for abused and neglected children and to fund additional staff positions to provide services related to child abuse and neglect and to unborn child abuse.

25,889 Section 889. 46.515 (2) of the statutes is amended to read:

46.515 (2) Funds provided. If a county or Indian tribe applies and is selected by the department under sub. (5) to participate in the program under this section, the department shall award, from the appropriation under s. 20.435 (3) (de) (5) (ab), a grant annually to be used only for the purposes specified in sub. (4) (a) and (am). The minimum amount of a grant is $10,000. The department shall determine the amount of a grant awarded to a county, other than a county with a population of 500,000 or more, or Indian tribe in excess of the minimum amount based on the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county or the reservation of that Indian tribe in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section. The department shall determine the amount of a grant awarded to a county with a population of 500,000 or more in excess of the minimum amount based on 60% of the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section.

25,895 Section 895. 46.52 of the statutes is amended to read:

46.52 Systems change grants. From the appropriation under s. 20.435 (7) (md), the department shall distribute funds to each grant recipient under this section so as to permit initial phasing in of recovery-oriented system changes, prevention and early intervention strategies, and consumer and family involvement for individuals with mental illness. At least 10% of the funds distributed shall be for children with mental illness. The department shall eliminate the funding for a recipient at the end of a period of not more than 3 years in order to provide funding to benefit another recipient. The department shall require that community services that are developed under this section are continued, following termination of funding under this section, by use of savings made available from incorporating recovery, prevention and early intervention strategies, and consumer and family involvement in the services.

25,896 Section 896. 46.75 (2) (a) of the statutes is amended to read:

46.75 (2) (a) From the appropriation under s. 20.435 (3) (5) (dn), the department shall award grants to agencies to operate food distribution programs that qualify for participation in the emergency food assistance program under P.L. 98-8, as amended.

25,897 Section 897. 46.77 of the statutes is amended to read:

46.77 Food distribution administration. From the appropriation under s. 20.435 (3) (5) (dn), the department shall allocate funds to eligible recipient agencies, as defined in the emergency food assistance act, P.L. 98-8, section 201A, as amended, for the storage, transportation and distribution of commodities provided under the hunger prevention act of 1988, P.L. 100-435, as amended.

25,897p Section 897p. 46.81 (2) of the statutes is amended to read:

46.81 (2) From the appropriation account under s. 20.435 (7) (dh), the department shall allocate $2,298,400 in each fiscal year and from the appropriation account under s. 20.435 (7) (kz) the department shall allocate $600,000 in fiscal year 2006-07 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.

25,897r Section 897r. 46.81 (2) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:

46.81 (2) From the appropriation account under s. 20.435 (7) (dh), the department shall allocate $2,298,400 in each fiscal year and from the appropriation account under s. 20.435 (7) (kz) the department shall allocate $600,000 in fiscal year 2006-07 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.

25,898 Section 898. 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.

25,898c Section 898c. 46.95 (2) (d) 1. of the statutes is repealed.

25,898e Section 898e. 46.95 (2) (d) 2. of the statutes is renumbered 46.95 (2) (d) and amended to read:

46.95 (2) (d) Not more than 33 1/3% of the 30% of an organization's operating budget not funded by grants under this section may consist of the value of An organization that receives a grant under this section shall provide matching funds or in-kind contributions that are equal to 25 percent of the amount of the grant. The department shall establish guidelines regarding which contributions qualify as in-kind contributions.

25,899 Section 899. 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:

25,900 Section 900. 46.95 (2) (f) 7. of the statutes is amended to read:

46.95 (2) (f) 7. Award a grant of $25,000 grants 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.

25,901 Section 901. 46.95 (2) (f) 8. of the statutes is amended 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.

25,902 Section 902. 46.95 (2) (f) 9. of the statutes is amended 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 toward the cost of a staff person to provide assistance in obtaining legal services to domestic abuse victims.

25,903 Section 903. 46.95 (2) (f) 10. of the statutes is created to read:

46.95 (2) (f) 10. Award a grant of $563,500 in each fiscal year to the Refugee Family Strengthening Project for providing domestic abuse services to the refugee population. Funding may be used to hire bilingual staff persons, especially those who speak Hmong.

25,904 Section 904. 46.95 (2) (g) of the statutes is repealed.

25,905 Section 905. 46.972 (title) of the statutes is amended to read:

46.972 (title) Services Primary health for homeless individuals.

25,906 Section 906. 46.972 (2) (title) of the statutes is repealed.

25,907 Section 907. 46.972 (2) of the statutes is renumbered 46.972.

25,908 Section 908. 46.972 (3) of the statutes is renumbered 560.9811 and amended to read:

560.9811 Mental health services. (1) In this subsection section, "chronic mental illness" has the meaning given in s. 51.01 (3g).

(2) From the appropriation under s. 20.435 (7) (ce) 20.143 (2) (fr), the department may not allocate award more than $45,000 in each fiscal year to applying public or nonprofit private entities for the costs of providing certain mental health services to homeless individuals with chronic mental illness. Entities that receive funds allocated awarded by the department under this subsection shall provide the mental health services required under 42 USC 290cc-24. The amount that the department allocates awards to an applying entity may not exceed 50% of the amount of matching funds required under 42 USC 290cc-23.

25,909 Section 909. 46.977 (2) (a) of the statutes is amended to read:

46.977 (2) (a) Annually, prior to April 30, an organization may apply to From the appropriation under s. 20.435 (7) (cg), the department for a grant may under this section, based on the criteria under par. (c), award grants to applying organizations for the purpose of recruiting, training, monitoring and assisting guardians for persons determined to be incompetent under ch. 880. By June 30, the department shall determine which organizations will receive a grant during the following fiscal year based on the criteria under par. (c). No grant may be awarded paid unless the applicant awardee provides matching funds equal to 10% of the amount of the award. The department shall make grants under this section from the appropriation under s. 20.435 (7) (cg).

25,910 Section 910. 46.977 (2) (b) (intro.) of the statutes is amended to read:

46.977 (2) (b) (intro.) Organizations awarded grants under this section par. (a) shall do all of the following:

25,911 Section 911. 46.977 (2) (b) 1. of the statutes is repealed.

25,912 Section 912. 46.977 (2) (b) 2. of the statutes is amended to read:

46.977 (2) (b) 2. Provide training for recruited guardians and technical assistance on their duties guardianship issues.

25,913 Section 913. 46.977 (2) (b) 3. of the statutes is repealed.

25,914 Section 914. 46.977 (2) (b) 4. of the statutes is amended to read:

46.977 (2) (b) 4. Provide technical assistance to recruited guardians in performing their duties.

25,915 Section 915. 46.977 (2) (c) (intro.) and 2. of the statutes are consolidated, renumbered 46.977 (2) (c) and amended to read:

46.977 (2) (c) In reviewing applications for grants, the department shall consider all of the following: The the extent to which the proposed program will effectively recruit, train, monitor and assist guardians for persons determined to be incompetent under ch. 880.

25,916 Section 916. 46.977 (2) (c) 1. of the statutes is repealed.

25,917 Section 917. 46.985 (2) (a) 4. of the statutes is amended to read:

46.985 (2) (a) 4. Procedures for coordinating the family support program and the use of its funds, throughout this state and in each service area, with other publicly funded programs including the community options program under s. 46.27; the community integration program a community integration program under ss. 46.275, 46.277, and 46.278; the Community Opportunity and Recovery Program under s. 46.2785; the social services, mental health, and developmental disabilities programs under ss. 46.495, 51.42, and 51.437; the independent living center program under s. 46.96; and the medical assistance Medical Assistance program under subch. IV of ch. 49.

25,918 Section 918. 46.99 (2) (a) (intro.) of the statutes is amended to read:

46.99 (2) (a) (intro.) From the appropriations under s. 20.435 (3) (eg), (km) and (nL), the department shall distribute $2,125,200 in each fiscal year to applying nonprofit corporations and public agencies operating in a county having a population of 500,000 or more and $1,199,300 in each fiscal year to applying county departments under s. 46.22, 46.23, 51.42, or 51.437 operating in counties other than a county having a population of 500,000 or more to provide programs to accomplish all of the following:

25,919 Section 919. 46.995 (1m) of the statutes is amended to read:

46.995 (1m) Tribal adolescent services allocations allocation. From the appropriation account under s. 20.435 (3) (km), the department may allocate $195,000 in each fiscal year and, from the appropriation account under s. 20.435 (3) (eg), the department may allocate $15,000 $210,000 in each fiscal year to provide the grants specified in subs. (2), (3) (b), and (4m) (b).

25,920 Section 920. 46.995 (2) of the statutes is amended to read:

46.995 (2) Adolescent self-sufficiency services. From the allocations allocation under sub. (1m), the department may provide a grant annually in the amount of $85,000 to the elected governing body of a federally recognized American Indian tribe or band to provide services for adolescent parents which shall emphasize high school graduation and vocational preparation, training, and experience and may be structured so as to strengthen the adolescent parent's capacity to fulfill parental responsibilities by developing social skills and increasing parenting skills. The tribe or band seeking to receive a grant to provide these services shall develop a proposed service plan that is approved by the department.

25,921 Section 921. 46.995 (3) (b) of the statutes is amended to read:

46.995 (3) (b) From the allocations allocation under sub. (1m), the department may provide a grant annually in the amount of $65,000 to the elected governing body of a federally recognized American Indian tribe or band to provide to high-risk adolescents pregnancy and parenthood prevention services which shall be structured so as to increase development of decision-making and communications skills, promote graduation from high school, and expand career and other options and which may address needs of adolescents with respect to pregnancy prevention.

25,922 Section 922. 46.995 (4m) (b) (intro.) of the statutes is amended to read:

46.995 (4m) (b) (intro.) From the allocations allocation under sub. (1m), the department may provide a grant annually in the amount of $60,000 to the elected governing body of a federally recognized American Indian tribe or band for the provision of information to members of the tribe or band in order to increase community knowledge about problems of adolescents and information to and activities for adolescents, particularly female adolescents, in order to enable the adolescents to develop skills with respect to all of the following:

25,924 Section 924. 48.33 (4) (intro.) of the statutes is amended to read:

48.33 (4) Other out-of-home placements. (intro.) A report recommending placement of an adult expectant mother outside of her home shall be in writing. A report recommending placement of a child in a foster home, treatment foster home, group home, or residential care center for children and youth or, in the home of a relative other than a parent, or in the home of a guardian under s. 48.977 (2) shall be in writing and shall include all of the following:

25,925 Section 925. 48.345 (3) (c) of the statutes is amended to read:

48.345 (3) (c) A foster home or treatment foster home licensed under s. 48.62 or, a group home licensed under s. 48.625, or in the home of a guardian under s. 48.977 (2).

25,926 Section 926. 48.356 (1) of the statutes is amended to read:

48.356 (1) Whenever the court orders a child to be placed outside his or her home, orders an expectant mother of an unborn child to be placed outside of her home, or denies a parent visitation because the child or unborn child has been adjudged to be in need of protection or services under s. 48.345, 48.347, 48.357, 48.363, or 48.365 or whenever the court appoints a guardian for a child under s. 48.977 (2), the court shall orally inform the parent or parents who appear in court or the expectant mother who appears in court of any grounds for termination of parental rights under s. 48.415 which that may be applicable and of the conditions necessary for the child or expectant mother to be returned to the home or for the parent to be granted visitation.

25,927 Section 927. 48.425 (1) (g) of the statutes is amended to read:

48.425 (1) (g) If an agency designated under s. 48.427 (3m) (a) 1. to 4. determines that it is unlikely that the child will be adopted, or if adoption would not be in the best interests of the child, the report shall include a plan for placing the child in a permanent family setting. The plan shall include a recommendation as to the agency to be named guardian of the child or, a recommendation that the person appointed as the guardian of the child under s. 48.977 (2) continue to be the guardian of the child, or a recommendation that a guardian be appointed for the child under s. 48.977 (2).

25,928 Section 928. 48.427 (3m) (intro.) of the statutes is amended to read:

48.427 (3m) (intro.) If the rights of both parents or of the only living parent are terminated under sub. (3) and if a guardian has not been appointed under s. 48.977, the court shall either do one of the following:

25,929 Section 929. 48.427 (3m) (c) of the statutes is created to read:

48.427 (3m) (c) Appoint a guardian under s. 48.977 and transfer guardianship and custody of the child to the guardian.

25,930 Section 930. 48.427 (3p) of the statutes is amended to read:

48.427 (3p) If the rights of both parents or of the only living parent are terminated under sub. (3) and if a guardian has been appointed under s. 48.977, the court may enter one of the orders specified in sub. (3m) (a) or (b). If the court enters an order under this subsection, the court shall terminate the guardianship under s. 48.977.

25,932 Section 932. 48.48 (17) (a) 3. of the statutes is amended to read:

48.48 (17) (a) 3. Provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing the children in licensed foster homes, treatment foster homes, or group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing the children in the homes of guardians under s. 48.977 (2), or contracting for services for those children by licensed child welfare agencies, except that the department may not purchase the educational component of private day treatment programs unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

25,933 Section 933. 48.48 (17) (c) 4. of the statutes is amended to read:

48.48 (17) (c) 4. Is living in a foster home, treatment foster home, group home, or, residential care center for children and youth, or subsidized guardianship home under s. 48.62 (5).

25,934 Section 934. 48.57 (1) (c) of the statutes is amended to read:

48.57 (1) (c) To provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing those children in licensed foster homes, treatment foster homes, or group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing those children in the homes of guardians under s. 48.977 (2), or contracting for services for those children by licensed child welfare agencies, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.

25,935 Section 935. 48.57 (3) (a) 4. of the statutes is amended to read: