Amendment ASA1-AB665

LRBs0546/3

GMM:jlg:ijs

1997 - 1998 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY BILL 665

March 5, 1998 - Offered by Committee on Children and Families.

AB665-ASA1,1,12 An Act to amend 20.433 (1) (q), 25.67 (2), 48.981 (8) (a), 48.981 (8) (d) 1., 48.982 (6) (d), 49.45 (25) (b) and 49.45 (25) (c); to repeal and recreate 25.67 (2) (a) 1. and (b); and to create 20.435 (3) (de), 20.435 (3) (df), 46.515, 48.982 (2e) and 49.45 (25) (bc) of the statutes; relating to: creating a child abuse and neglect prevention program, medical assistance for certain case management services, authorizing the child abuse and neglect prevention board to form a nonstock, nonprofit corporation, early childhood family education center grants awarded by the child abuse and neglect prevention board, training programs and training requirements for staff of county departments or licensed child welfare agencies under contract with county departments whose responsibilities include investigation or treatment of child abuse and neglect and making appropriations.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB665-ASA1, s. 1 Section 1 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB665-ASA1, s. 2 Section 2. 20.433 (1) (q) of the statutes is amended to read:

AB665-ASA1,2,7 20.433 (1) (q) Children's trust fund grants. From the children's trust fund, all moneys received as contributions, grants, gifts and bequests for that trust fund under s. 48.982 (2) (d) or (2e) (a), less the amounts appropriated under par. (r), to carry out the purposes for which made and received under s. 48.982 (2m) (a).

AB665-ASA1, s. 3 Section 3 . 20.435 (3) (de) of the statutes is created to read:

AB665-ASA1,2,10 20.435 (3) (de) Child abuse and neglect prevention grants. The amounts in the schedule for child abuse and neglect prevention grants under s. 46.515.

AB665-ASA1, s. 4 Section 4 . 20.435 (3) (df) of the statutes is created to read:

AB665-ASA1,2,14 20.435 (3) (df) Child abuse and neglect prevention technical assistance. The amounts in the schedule for child abuse and neglect prevention technical assistance and training under s. 46.515 (8).

AB665-ASA1, s. 5 Section 5. 25.67 (2) of the statutes is amended to read:

AB665-ASA1,3,4 25.67 (2) The fund shall consist of the moneys received for the fund under s. 48.982 (2) (d) or (2e) (a). All moneys in the fund that are not appropriated under s. 20.433 (1) (r) or expended under s. 20.433 (1) (q) shall continue to accumulate indefinitely.

AB665-ASA1, s. 6 Section 6. 25.67 (2) (a) 1. and (b) of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (this act), are repealed and recreated to read:

AB665-ASA1,3,7 25.67 (2) (a) 1. Moneys received for the fund under s. 48.982 (2) (d) or (2e) (a).

AB665-ASA1,3,9 (b) All moneys in the fund that are not appropriated under s. 20.433 (1) (r) or expended under s. 20.433 (1) (q) shall continue to accumulate indefinitely.

AB665-ASA1, s. 7 Section 7. 46.515 of the statutes is created to read:

AB665-ASA1,3,12 46.515 Child abuse and neglect prevention program. (1) Definitions. In this section:

AB665-ASA1,3,13 (a) "Abuse" has the meaning given in s. 48.02 (1).

AB665-ASA1,3,15 (b) "Case", other than when used in the term "case management services", means a family or person who meets all of the following criteria:

AB665-ASA1,3,16 1. The family or person is any of the following:

AB665-ASA1,3,20 a. A family or person who has been the subject of a report under s. 48.981 and with respect to whom the individual making the investigation or the intake worker assigned to the family or person has determined that all of the conditions in subd. 2. exist.

AB665-ASA1,3,25 b. An Indian child who has been the subject of a report under s. 48.981 about which an Indian tribe that has received a grant under this section has received notice, including but not limited to notice provided to a tribal agent under s. 48.981 (3) (bm), and with respect to whom an individual designated by the Indian tribe has determined that all of the conditions in subd. 2. exist.

AB665-ASA1,4,7 c. A family that includes a person who has contacted a county department, as defined in s. 48.02 (2g), or an Indian tribe that has been awarded a grant under this section or, in a county having a population of 500,000 or more that has been awarded a grant under this section, the department or a licensed child welfare agency under contract with the department requesting assistance to prevent abuse or neglect of a child in the person's family and with respect to which an individual responding to the request has determined that all of the conditions in subd. 2. exist.

AB665-ASA1,4,9 2. The family or person has been determined to meet all of the following conditions:

AB665-ASA1,4,11 a. There is a substantial risk of future abuse or neglect of a child in the family if assistance is not provided.

AB665-ASA1,4,13 b. The child and the child's parent or the person primarily responsible for the child's care are willing to cooperate with an informal plan of support and services.

AB665-ASA1,4,17 c. It does not appear that a petition will be filed under s. 48.25 alleging that a child in the family is in need of protection or services under s. 48.13 and, if an Indian child is involved, it also does not appear that there will be a similar proceeding in tribal court relating to abuse or neglect of the Indian child.

AB665-ASA1,4,19 (c) "Court", other than when used in referring to a tribal court, has the meaning given in s. 48.02 (2m).

AB665-ASA1,4,22 (cm) "Culturally competent" means the ability to understand and act respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes and behaviors of persons and families of various cultures.

AB665-ASA1,4,23 (d) "Indian child" has the meaning given in s. 48.981 (1) (cs).

AB665-ASA1,4,25 (e) "Indian tribe" means a federally recognized American Indian tribe or band in this state.

AB665-ASA1,5,2 (f) "Intake worker" means any person designated to provide intake services under s. 48.067.

AB665-ASA1,5,3 (g) "Neglect" has the meaning given in s. 48.981 (1) (d).

AB665-ASA1,5,6 (h) "Reservation" means land in this state within the boundaries of a federally recognized reservation of an Indian tribe or within the bureau of Indian affairs service area for the Ho-Chunk Nation.

AB665-ASA1,5,7 (i) "Rural county" means a county that is not an urban county.

AB665-ASA1,5,10 (j) "Urban county" means a county located in a federal metropolitan statistical area or a primary metropolitan statistical area, as designated by the federal office of management and budget.

AB665-ASA1,5,13 (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, all of the following apply:

AB665-ASA1,5,22 (a) Grants. From the appropriation under s. 20.435 (3) (de), the department shall award 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 or Indian tribe in excess of the minimum amount based on the population that is eligible for medical assistance under subch. IV of ch. 49 in that county or the reservation of that Indian tribe in proportion to the population that is eligible for medical assistance under subch. IV of ch. 49 in the other counties and the reservations of other Indian tribes to which grants are awarded under this section.

AB665-ASA1,5,25 (b) Reimbursement for certain case management services. From the appropriation under s. 20.435 (5) (b) and (o), the department shall reimburse providers of case management services as specified in s. 49.45 (25) (bc) and (c).

AB665-ASA1,6,3 (3) Number of counties and Indian tribes selected. (a) Number selected. The following number of counties and Indian tribes may be selected by the department to participate in the program under this section:

AB665-ASA1,6,5 1. In the 1997-99 state fiscal biennium, no more than 6 rural counties, 3 urban counties and 2 Indian tribes may be selected.

AB665-ASA1,6,8 2. In the 1999-2001 state fiscal biennium, no more than 14 rural counties, 6 urban counties and 3 Indian tribes may be selected, in addition to those selected in the previous state fiscal biennium.

AB665-ASA1,6,11 3. In the 2001-03 state fiscal biennium, counties and Indian tribes that have not been selected previously may be selected, in addition to those selected in previous state fiscal biennia.

AB665-ASA1,6,16 (b) Joint application permitted. Two or more counties and Indian tribes may submit a joint application to the department. Each county or Indian tribe in a joint application shall be counted as a separate county or Indian tribe for the purpose of limiting the number of counties and Indian tribes selected in each state fiscal biennium.

AB665-ASA1,6,18 (4) Purpose. (a) Grants; flexible funds and training. The grants awarded under this section shall be used for all of the following purposes:

AB665-ASA1,6,19 1. To establish or maintain the fund under sub. (6) (b) 1.

AB665-ASA1,6,20 2. To establish or maintain the fund under sub. (6) (b) 2.

AB665-ASA1,6,23 4. To pay expenses incurred in connection with attending training activities related to the program under this section. No more than $1,500 of the grant amount may be used for this purpose in the 12 months following receipt of a grant.

AB665-ASA1,7,4 (am) Grants; start-up costs and capacity building. In the first year in which a grant under this section is awarded to a county or Indian tribe, the county or Indian tribe may use a portion of the grant to pay for start-up costs and capacity building related to the program under this section. The department shall determine the maximum amount of a grant that a county or Indian tribe may use to pay for those start-up costs and that capacity building.

AB665-ASA1,8,5 (b) Reimbursement for certain case management services. 1. As provided in s. 49.45 (25) (bc), the department shall reimburse providers for case management services provided for persons who are selected for and agree to participate in a home visitation program described in this subdivision. A county, other than a county with a population of 500,000 or more, or an Indian tribe that is selected to participate in the program under this section shall select persons who are first-time parents and who are eligible for medical assistance under subch. IV of ch. 49 and shall offer each of those persons an opportunity to undergo an assessment through use of a risk assessment instrument to determine whether the parent presents risk factors for perpetrating child abuse or neglect. Persons who are selected and who agree to be assessed shall be assessed during the prenatal period, if possible, or as close to the time of the child's birth as possible. The risk assessment instrument shall be developed by the department and shall be based on risk assessment instruments developed by the department for similar programs that are in operation. The department need not promulgate as rules under ch. 227 the risk assessment instrument developed under this subdivision. A person who is assessed to be at risk of abusing or neglecting his or her child shall be offered home visitation program services. Home visitation program services may be provided to a family with a child identified as being at risk of child abuse or neglect until the identified child reaches 3 years of age. If risk factors for child abuse or neglect with respect to the identified child continue to be present when the child reaches 3 years of age, home visitation program services may be provided until the identified child reaches 5 years of age. Home visitation program services may not be provided to a person unless the person gives his or her written informed consent to receiving those services or, if the person is a child, unless the child's parent, guardian or legal custodian gives his or her written informed consent for the child to receive those services.

AB665-ASA1,8,9 1m. No person who is required or permitted to report suspected or threatened abuse or neglect under s. 48.981 (2) may base the making of such a report on a refusal of a person to receive or to continue receiving home visitation program services under subd. 1.

AB665-ASA1,8,17 2. The counties and Indian tribes that are selected to participate in the program under this section may permit a person who is not a first-time parent or who is not eligible for medical assistance under subch. IV of ch. 49 to undergo the risk assessment and to participate in the home visitation program if that person presents risk factors for perpetrating child abuse or neglect. No payments from the fund under sub. (6) (b) 1. may be made to a person described in this subdivision. Reimbursement may not be provided by the department under s. 49.45 (25) (bc) for a person described in this subdivision.

AB665-ASA1,9,9 (5) Selection of counties and Indian tribes. The department shall provide competitive application procedures for selecting counties and Indian tribes for participation in the program under this section. The department shall establish a method for ranking applicants for selection based on the quality of their applications. In ranking the applications submitted by counties, the department shall give favorable consideration to a county that has indicated under sub. (6) (d) 2. that it is willing to use a portion of any moneys distributed to the county under s. 46.45 (2) (a) to provide case management services to a medical assistance beneficiary under s. 49.45 (25) (am) 9. who is a case or who is a member of a family that is a case and that has explained under sub. (6) (d) 2. how the county plans to use that portion of those moneys to promote the provision of those services for the case by using a wraparound process so as to provide those services in a flexible, comprehensive and individualized manner in order to reduce the necessity for court-ordered services. The application procedures provided shall be clear and understandable to the applicants. The department need not promulgate as rules under ch. 227 the application procedures or method for ranking applicants established under this subsection.

AB665-ASA1,9,12 (6) Criteria for awarding grants. In addition to any other criteria developed by the department, a county or Indian tribe shall meet all of the following criteria in order to be selected for participation in the program under this section:

AB665-ASA1,9,15 (a) Home visitation program criteria. The part of an application submitted by a county, other than a county with a population of 500,000 or more, or an Indian tribe that relates to home visitation programs shall include all of the following:

AB665-ASA1,9,19 1. Information on how the applicant's home visitation program is comprehensive and incorporates practice standards that have been developed for home visitation programs by entities concerned with the prevention of child abuse and neglect.

AB665-ASA1,9,24 2. Documentation that the application was developed through collaboration among public and private organizations that provide services to children, especially children who are at risk of child abuse or neglect, or that are otherwise interested in child welfare and a description of how that collaboration effort will support a comprehensive home visitation program.

AB665-ASA1,10,4 3. An identification of existing child abuse and neglect prevention services that are available to residents of the county or reservation of the Indian tribe and a description of how those services and any additional needed services will support a comprehensive home visitation program.

AB665-ASA1,10,8 4. An explanation of how the home visitation program will build on existing child abuse and neglect prevention programs, including programs that provide support to families, and how the home visitation program will coordinate with those programs.

AB665-ASA1,10,10 4m. An explanation of how the applicant will encourage private organizations to provide services under the applicant's home visitation program.

AB665-ASA1,10,12 5. An identification of ways to maximize the use of volunteers and other community resources in support of the home visitation program.

AB665-ASA1,10,16 6. An identification of how the home visitation program is comprehensive and incorporates the practice standards for home visitation programs referred to in subd. 1., including how services will vary in intensity levels depending on the needs and strengths of the participating family.

AB665-ASA1,10,19 6m. An explanation of how the services to be provided under the home visitation program, including the risk assessment under sub. (4) (b) 1., will be provided in a culturally competent manner.

AB665-ASA1,10,24 7m. For an initial application, a statement of whether the applicant intends to use a portion of the grant in the first year in which the grant is awarded to pay for start-up costs or capacity building related to the program under this section and an explanation of how the applicant would use any amounts authorized by the department under sub. (4) (am) for those purposes.

AB665-ASA1,11,11 (b) Flexible funds. 1. `Flexible fund for home visitation programs.' The applicant demonstrates in the application that the applicant has established, or has plans to establish, if selected, a fund from which payments totaling not more than $1,000 per calendar year may be made for appropriate expenses of each family that is participating in the home visitation program under sub. (4) (b) 1. or that is receiving home visitation services under s. 49.45 (44). The payments shall be authorized by an individual designated by the applicant. If an applicant makes a payment to or on behalf of a family under this subdivision, one-half of the payment shall be from grant moneys received under this section and one-half of the payment shall be from moneys provided by the applicant from sources other than grant moneys received under this section.

AB665-ASA1,11,25 2. `Flexible fund for cases.' The applicant demonstrates in the grant application that the applicant has established, or has plans to establish, if selected, a fund from which payments totaling not more than $500 for each case may be made for appropriate expenses related to the case. The payments shall be authorized by an individual designated by the applicant. If an applicant makes a payment to or on behalf of a person under this subdivision, one-half of the payment shall be from grant moneys received under this section and one-half of the payment shall be from moneys provided by the applicant from sources other than grant moneys received under this section. The applicant shall demonstrate in the grant application that it has established, or has plans to establish, if selected, procedures to encourage, when appropriate, a person to whom or on whose behalf payments are made under this subdivision to make a contribution to the fund described in this subdivision up to the amount of payments made to or on behalf of the person when the person's financial situation permits such a contribution.

AB665-ASA1,12,5 4. `Nonentitlement.' No individual is entitled to any payment from a fund established under subd. 1. or 2. Nothing in this section shall be construed as requiring a county or Indian tribe to make a determination described in sub. (1) (b) 2. A determination described in sub. (1) (b) 2. may not be construed to be a determination described in s. 48.981 (3) (c) 4.

AB665-ASA1,12,10 (c) Case management benefit. The applicant, other than a county with a population of 500,000 or more, states in the grant application that it has elected, or, if selected, that it will elect, under s. 49.45 (25) (b), to make the case management benefit under s. 49.45 (25) available to the category of beneficiaries under s. 49.45 (25) (am) 9. who are receiving home visitation program services under sub. (4) (b) 1.

AB665-ASA1,12,15 (d) Wraparound process. 1. The applicant demonstrates in the grant application that the payments that will be made from the fund established under sub. (6) (b) 2. will promote the provision of services for the case by using a wraparound process so as to provide those services in a flexible, comprehensive and individualized manner in order to reduce the necessity for court-ordered services.

AB665-ASA1,12,24 2. The applicant indicates in the grant application whether the applicant is willing to use a portion of any moneys distributed to the applicant under s. 46.45 (2) (a) to provide case management services to a medical assistance beneficiary under s. 49.45 (25) (am) 9. who is a case or who is a member of a family that is a case. If the applicant is so willing, the applicant shall explain how the applicant plans to use that portion of those moneys to promote the provision of those services for the case by using a wraparound process so as to provide those services in a flexible, comprehensive and individualized manner in order to reduce the necessity for court-ordered services.

AB665-ASA1,13,4 (e) Anticipated allocation. The applicant explains in the grant application how the applicant anticipates allocating moneys awarded under the grant among the purposes described in sub. (4) (a) 1. and 2. and, in an initial grant application, the purposes described in sub. (4) (a) 1. and 2. and (am).

AB665-ASA1,13,13 (6g) Confidentiality. (a) Except as permitted or required under s. 48.981 (2), no person may use or disclose any information concerning any individual who is selected for an assessment under sub. (4) (b), including an individual who declines to undergo the assessment, or concerning any individual who is offered services under a home visitation program funded under this section, including an individual who declines to receive those services, unless the use or disclosure is connected with the administration of the home visitation program or the administration of the medical assistance program under ss. 49.43 to 49.497 or unless the individual has given his or her written informed consent to the use or disclosure.

AB665-ASA1,13,18 (b) A county or Indian tribe that is selected to participate in the program under this section shall provide or shall designate an individual or entity to provide an explanation of the confidentiality requirements under par. (a) to each individual who is offered an assessment under sub. (4) (b) or who is offered services under the home visitation program of the county or Indian tribe.

AB665-ASA1,14,2 (6m) Notification of parent prior to making abuse or neglect report. If a person who is providing services under a home visitation program under sub. (4) (b) 1. determines that he or she is required or permitted to make a report under s. 48.981 (2) about a child in a family to which the person is providing those services, the person shall, prior to making the report under s. 48.981 (2), make a reasonable effort to notify the child's parent that a report under s. 48.981 (2) will be made and to encourage the parent to contact a county department under s. 46.22 or 46.23 to request assistance. The notification requirements under this subsection do not affect the reporting requirements under s. 48.981 (2).

AB665-ASA1,14,6 (6r) Home visitation program informational materials. Any informational materials about a home visitation program under sub. (4) (b) 1. that are distributed to a person who is offered or who is receiving home visitation program services under that program shall state the sources of funding for the program.

AB665-ASA1,14,10 (7) Home visitation program evaluation. (a) The department shall conduct or shall select an evaluator to conduct an evaluation of the home visitation program. The evaluation shall measure all of the following criteria in families that have participated in the home visitation program and that are selected for evaluation:

AB665-ASA1,14,11 1. The number of substantiated reports of child abuse and neglect.