AB40-ASA1, s. 1304m 13Section 1304m. 46.284 (2) (d) of the statutes is created to read:
AB40-ASA1,512,1914 46.284 (2) (d) As a term of a contract with a care management organization
15under this section, the department shall prohibit a care management organization
16from including a provision that requires a provider to return any funding for
17residential services, prevocational services, or supported employment services that
18exceeds the cost of those services to the care management organization in a contract
19for services covered by the family care benefit.
AB40-ASA1, s. 1305 20Section 1305. 46.284 (5) (a) of the statutes is amended to read:
AB40-ASA1,513,221 46.284 (5) (a) From the appropriation accounts under s. 20.435 (4) (b), (g), (gm),
22(im), (o), and (w) and (7) (b), (bd), and (g), the department shall provide funding on
23a capitated payment basis for the provision of services under this section.
24Notwithstanding s. 46.036 (3) and (5m), a care management organization that is
25under contract with the department may expend the funds, consistent with this

1section, including providing payment, on a capitated basis, to providers of services
2under the family care benefit.
AB40-ASA1, s. 1306 3Section 1306. 46.29 (3) (e) of the statutes is amended to read:
AB40-ASA1,513,44 46.29 (3) (e) The secretary of commerce safety and professional services.
AB40-ASA1, s. 1307 5Section 1307. 46.40 (9) (d) of the statutes is amended to read:
AB40-ASA1,513,126 46.40 (9) (d) Payment adjustments for certain Medical Assistance services. The
7department may decrease a county's allocation under sub. (2) by the amount of any
8payment adjustments under s. 49.45 (52) (a) made for that county from the
9appropriation account under s. 20.435 (7) (b) for services described under s. 49.45 (52)
10(a) 1
. The total amount of the decrease for a county under this paragraph during any
11fiscal year may not exceed that part of the county's allocation under sub. (2) that
12derives from the appropriation account under s. 20.435 (7) (b) for that fiscal year.
AB40-ASA1, s. 1308 13Section 1308. 46.40 (9) (e) of the statutes is created to read:
AB40-ASA1,513,1714 46.40 (9) (e) County income maintenance administration. Beginning in
15calendar year 2012, the department shall decrease the allocation under sub. (2) for
16a county with a population of 750,000 or more from the appropriation under s. 20.435
17(7) (b) by $2,700,000.
AB40-ASA1, s. 1311 18Section 1311. 46.90 (1) (gr) 3. of the statutes is amended to read:
AB40-ASA1,513,2019 46.90 (1) (gr) 3. The department of regulation and licensing safety and
20professional services
.
AB40-ASA1, s. 1312 21Section 1312. 46.90 (5m) (br) 5. of the statutes is amended to read:
AB40-ASA1,513,2522 46.90 (5m) (br) 5. Refer the case to the department of regulation and licensing
23safety and professional services if the financial exploitation, neglect, self-neglect, or
24abuse involves an individual who is required to hold a credential, as defined in s.
25440.01 (2) (a), under chs. 440 to 460.
AB40-ASA1, s. 1313
1Section 1313. 46.99 (3) of the statutes is amended to read:
AB40-ASA1,514,62 46.99 (3) If the waiver requested under sub. (2) is granted, counties shall
3provide to the department the nonfederal share of costs for medical assistance
4services provided under the waiver. Counties may use moneys appropriated under
5s. 20.435 (7) (bt) and distributed to counties under s. 51.44 (3) (a) to provide the
6nonfederal share of medical assistance costs.
AB40-ASA1, s. 1314 7Section 1314. 46.99 (3m) of the statutes is created to read:
AB40-ASA1,514,108 46.99 (3m) If the waiver requested under sub. (2) is granted, counties shall
9provide to the department the nonfederal share of the cost incurred by an entity to
10administer the waiver program under this section.
AB40-ASA1, s. 1315 11Section 1315. 46.99 (4) of the statutes is amended to read:
AB40-ASA1,514,1812 46.99 (4) From the appropriation account under s. 20.435 (4) (o), the
13department shall may distribute to counties that provide services under this section
14the amount of federal moneys received by the state as the federal share of medical
15assistance for those services, minus the amount transferred to the appropriation
16account under s. 20.435 (7) (im) for the department's costs of administering this
17section. Counties shall use moneys distributed under this section to provide services
18under this section or s. 51.44.
AB40-ASA1, s. 1316 19Section 1316. 46.995 of the statutes is created to read:
AB40-ASA1,514,24 2046.995 Disabled children's long-term support program; local funding.
21(1) A county shall provide to the department the nonfederal share of the cost
22incurred by an entity to administer services provided without state funding under
23the disabled children's long-term support program for a child enrolled in the
24program after December 31, 2010.
AB40-ASA1,515,3
1(2) A county shall provide to the department the nonfederal share of the cost
2of services provided without state funding under the disabled children's long-term
3support program.
AB40-ASA1, s. 1317 4Section 1317. 47.03 (11) (a) of the statutes is amended to read:
AB40-ASA1,515,135 47.03 (11) (a) The department shall provide services, including vocational
6training, craft instruction and a supervised business initiatives program for persons
7with severe disabilities who are eligible for vocational rehabilitation services. Under
8this subsection, the department may own, lease, manage, supervise or operate
9businesses for the benefit of persons with severe disabilities, including home-based
10employment and craft work,
with the ultimate objective of enabling persons with
11severe disabilities to operate their own businesses. The department shall assist
12persons with severe disabilities who receive these services in marketing the finished
13products.
AB40-ASA1, s. 1318 14Section 1318. 47.03 (11) (c) of the statutes is repealed.
AB40-ASA1, s. 1319 15Section 1319. 47.03 (11) (d) of the statutes is repealed.
AB40-ASA1, s. 1320 16Section 1320. 47.03 (11) (e) of the statutes is repealed.
AB40-ASA1, s. 1321j 17Section 1321j. 48.38 (2) (f) of the statutes is amended to read:
AB40-ASA1,515,2018 48.38 (2) (f) The child's care would be paid for under s. 49.19 but for s. 49.19
19(20), except that this paragraph does not apply to a child whose care is being paid for
20under s. 48.623 (1)
.
AB40-ASA1, s. 1321k 21Section 1321k. 48.38 (4) (j) of the statutes is created to read:
AB40-ASA1,515,2422 48.38 (4) (j) If the child is placed in the home of a relative or other person
23described in s. 48.623 (1) (b) 1. who will be receiving subsidized guardianship
24payments, a description of all of the following:
AB40-ASA1,516,2
11. The steps the agency has taken to determine that it is not appropriate for
2the child to be returned to his or her home or to be adopted.
AB40-ASA1,516,53 2. If a decision has been made not to place the child and his or her siblings, as
4defined in par. (br) 1., in a joint placement, the reasons for separating the child and
5his or her siblings during the placement.
AB40-ASA1,516,96 3. The reasons why a permanent placement with a fit and willing relative or
7other person described in s. 48.623 (1) (b) 1. through a subsidized guardianship
8arrangement is in the best interests of the child. In the case of an Indian child, the
9best interests of the Indian child shall be determined in accordance with s. 48.01 (2).
AB40-ASA1,516,1210 4. The ways in which the child and the relative or other person described in s.
1148.623 (1) (b) 1. meet the eligibility requirements specified in s. 48.623 (1) for the
12receipt of subsidized guardianship payments.
AB40-ASA1,516,1613 5. The efforts the agency has made to discuss adoption of the child by the
14relative or other person described in s. 48.623 (1) (b) 1. as a more permanent
15alternative to guardianship and, if that relative or other person has chosen not to
16pursue adoption, documentation of the reasons for not pursuing adoption.
AB40-ASA1,516,1917 6. The efforts the agency has made to discuss the subsidized guardianship
18arrangement with the child's parents or, if those efforts were not made,
19documentation of the reasons for not making those efforts.
AB40-ASA1, s. 1321n 20Section 1321n. 48.385 of the statutes is amended to read:
AB40-ASA1,517,9 2148.385 Plan for transition to independent living. During the 90 days
22immediately before a child who is placed in a foster home, group home, subsidized
23guardianship home under s. 48.62 (5), group home,
or residential care center for
24children and youth or in the home of a relative other than a parent attains 18 years
25of age or, if the child is placed in such a placement under an order under s. 48.355,

148.357, 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355 (4) or
2938.355 (4) after the child attains 18 years of age, during the 90 days immediately
3before the termination of the order, the agency primarily responsible for providing
4services to the child under the order shall provide the child with assistance and
5support in developing a plan for making the transition from out-of-home care to
6independent living. The transition plan shall be personalized at the direction of the
7child, shall be as detailed as the child directs, and shall include specific options for
8obtaining housing, health care, education, mentoring and continuing support
9services, and workforce support and employment services.
AB40-ASA1, s. 1323 10Section 1323. 48.545 (2) (a) (intro.) of the statutes is amended to read:
AB40-ASA1,517,1711 48.545 (2) (a) (intro.) From the appropriations under s. 20.437 (1) (eg), (kb), and
12(nL), the department shall distribute $2,097,700 in each fiscal year to applying
13nonprofit corporations and public agencies operating in a county having a population
14of 500,000 or more, $1,171,800 in each fiscal year to applying county departments
15under s. 46.22, 46.23, 51.42, or 51.437 operating in counties other than a county
16having a population of 500,000 or more, and $55,000 in each fiscal year to Diverse
17and Resilient, Inc. to provide programs to accomplish all of the following:
AB40-ASA1, s. 1323d 18Section 1323d. 48.561 (3) (a) 3. of the statutes is amended to read:
AB40-ASA1,517,2119 48.561 (3) (a) 3. Through a deduction of $20,101,300 from any state payment
20due that county under s. 79.03 79.035, 79.04, 79.058, 79.06, or 79.08 as provided in
21par. (b).
AB40-ASA1, s. 1323g 22Section 1323g. 48.561 (3) (b) of the statutes is amended to read:
AB40-ASA1,518,923 48.561 (3) (b) The department of administration shall collect the amount
24specified in par. (a) 3. from a county having a population of 500,000 or more by
25deducting all or part of that amount from any state payment due that county under

1s. 79.03 79.035, 79.04, 79.058, 79.06, or 79.08. The department of administration
2shall notify the department of revenue, by September 15 of each year, of the amount
3to be deducted from the state payments due under s. 79.03 79.035, 79.04, 79.058,
479.06,
or 79.08. The department of administration shall credit all amounts collected
5under this paragraph to the appropriation account under s. 20.437 (1) (kw) and shall
6notify the county from which those amounts are collected of that collection. The
7department may not expend any moneys from the appropriation account under s.
820.437 (1) (cx) for providing services to children and families under s. 48.48 (17) until
9the amounts in the appropriation account under s. 20.437 (1) (kw) are exhausted.
AB40-ASA1, s. 1324 10Section 1324. 48.563 (1) (a) of the statutes is amended to read:
AB40-ASA1,518,1411 48.563 (1) (a) Within the limits of available federal funds and of the
12appropriations under s. 20.437 (1) (b), (km), and (o), the department shall distribute
13funds for children and family services to county departments as provided in subs. (2),
14(3), and (7m) and s. 48.986.
AB40-ASA1, s. 1324f 15Section 1324f. 48.563 (2) of the statutes is amended to read:
AB40-ASA1,518,1916 48.563 (2) Basic county allocation. For children and family services under
17s. 48.569 (1) (d), the department shall distribute not more than $51,577,400 in fiscal
18year 2009-10 and not more than $63,264,700 in fiscal year 2010-11 and
$66,475,500
19in each fiscal year thereafter.
AB40-ASA1, s. 1325 20Section 1325. 48.565 (2) (c) of the statutes is amended to read:
AB40-ASA1,518,2321 48.565 (2) (c) The department shall credit to the appropriation account under
22s. 20.437 (3) (mp) (kp) any moneys carried forward under par. (a), but not distributed
23to counties, and may expend those moneys as provided in s. 48.567.
AB40-ASA1, s. 1326 24Section 1326. 48.567 (1) of the statutes is amended to read:
AB40-ASA1,519,6
148.567 (1) From the appropriation account under s. 20.437 (3) (mp) (kp), the
2department shall support costs that are exclusively related to the ongoing and
3recurring operational costs of augmenting the amount of moneys received under 42
4USC 670
to 679a and to any other purpose provided for by the legislature by law or
5in budget determinations. In addition, the department may expend moneys from the
6that appropriation account under s. 20.437 (3) (mp) as provided in subs. (1m) and (2).
AB40-ASA1, s. 1327 7Section 1327. 48.567 (1m) of the statutes is amended to read:
AB40-ASA1,519,168 48.567 (1m) In addition to expending moneys from the appropriation account
9under s. 20.437 (3) (mp) (kp) for the augmentation activities specified in sub. (1), the
10department may expend moneys received under 42 USC 1396 to 1396v in
11reimbursement of the cost of providing targeted case management services to
12children whose care is not eligible for reimbursement under 42 USC 670 to 679a and
13credited to the
from that appropriation account under s. 20.437 (3) (mp) to support
14the counties' share of implementing the statewide automated child welfare
15information system under s. 46.22 (1) (c) 8. f. and to provide services to children and
16families under s. 48.48 (17).
AB40-ASA1, s. 1328 17Section 1328. 48.567 (2) of the statutes is amended to read:
AB40-ASA1,520,718 48.567 (2) If the department proposes to use any moneys from the
19appropriation account under s. 20.437 (3) (mp) (kp) for any purpose other than the
20purposes specified in subs. (1) and (1m), the department shall submit a plan for the
21proposed use of those moneys to the secretary of administration by September 1 of
22the fiscal year after the fiscal year in which those moneys were received. If the
23secretary of administration approves the plan, he or she shall submit the plan to the
24joint committee on finance by October 1 of the fiscal year after the fiscal year in which
25those moneys were received. If the cochairpersons of the committee do not notify the

1secretary of administration within 14 working days after the date of submittal of the
2plan that the committee has scheduled a meeting for the purpose of reviewing the
3plan, the department may implement the plan. If within 14 working days after the
4date of the submittal by the secretary of administration the cochairpersons of the
5committee notify him or her that the committee has scheduled a meeting for the
6purpose of reviewing the plan, the department may implement the plan only with the
7approval of the committee.
AB40-ASA1, s. 1329 8Section 1329. 48.569 (1) (am) of the statutes is amended to read:
AB40-ASA1,520,119 48.569 (1) (am) The department shall reimburse each county from the
10appropriations under s. 20.437 (1) (b), (km), and (o) for children and family services
11as approved by the department under ss. 46.22 (1) (b) 2. f. and (e) 3. b.
AB40-ASA1, s. 1330 12Section 1330. 48.569 (1) (d) of the statutes is amended to read:
AB40-ASA1,520,2513 48.569 (1) (d) From the appropriations under s. 20.437 (1) (b), (km), and (o), the
14department shall distribute the funding for children and family services, including
15funding for foster care or subsidized guardianship care of a child on whose behalf aid
16is received under s. 48.645 to county departments as provided under s. 48.563.
17County matching funds are required for the distribution under s. 48.563 (2). Each
18county's required match for the distribution under s. 48.563 (2) shall be specified in
19a schedule established annually by the department. Matching funds may be from
20county tax levies, federal and state revenue sharing funds, or private donations to
21the county that meet the requirements specified in sub. (1m). Private donations may
22not exceed 25 percent of the total county match. If the county match is less than the
23amount required to generate the full amount of state and federal funds distributed
24for this period, the decrease in the amount of state and federal funds equals the
25difference between the required and the actual amount of county matching funds.
AB40-ASA1, s. 1330s
1Section 1330s. 48.57 (3) (a) 4. of the statutes is amended to read:
AB40-ASA1,521,32 48.57 (3) (a) 4. Is living in a foster home, group home, residential care center
3for children and youth, or subsidized guardianship home under s. 48.62 (5).
AB40-ASA1, s. 1331h 4Section 1331h. 48.57 (3m) (cm) of the statutes is amended to read:
AB40-ASA1,521,75 48.57 (3m) (cm) A kinship care relative who receives a payment under par. (am)
6for providing care and maintenance for a child is not eligible to receive a payment
7under sub. (3n) or s. 48.62 (4) or (5) 48.623 (1) or (6) for that child.
AB40-ASA1, s. 1332b 8Section 1332b. 48.57 (3n) (cm) of the statutes is amended to read:
AB40-ASA1,521,119 48.57 (3n) (cm) A long-term kinship care relative who receives a payment
10under par. (am) for providing care and maintenance for a child is not eligible to
11receive a payment under sub. (3m) or s. 48.62 (4) or (5) 48.623 (1) or (6) for that child.
AB40-ASA1, s. 1332c 12Section 1332c. 48.57 (3p) (a) of the statutes is amended to read:
AB40-ASA1,521,1813 48.57 (3p) (a) In this subsection, "adult resident" means a person 18 years of
14age or over who lives at the home of a person who has applied for or is receiving
15payments under sub. (3m) or (3n) or s. 48.62 (5) (a) or (b) with the intent of making
16that home his or her home or who lives for more than 30 days cumulative in any
176-month period at the home of a person who has applied for or is receiving payments
18under sub. (3m) or (3n) or s. 48.62 (5) (a) or (b).
AB40-ASA1, s. 1332d 19Section 1332d. 48.57 (3p) (b) 1. of the statutes is amended to read:
AB40-ASA1,521,2320 48.57 (3p) (b) 1. After receipt of an application for payments under sub. (3m)
21or (3n) or s. 48.62 (5) (a) or (b), the county department or, in a county having a
22population of 500,000 or more, the department, with the assistance of the
23department of justice, shall conduct a background investigation of the applicant.
AB40-ASA1, s. 1332e 24Section 1332e. 48.57 (3p) (b) 3. of the statutes is amended to read:
AB40-ASA1,522,5
148.57 (3p) (b) 3. The county department or, in a county having a population of
2500,000 or more, the department, with the assistance of the department of justice,
3may conduct a background investigation of any person who is receiving payments
4under sub. (3n) or s. 48.62 (5) (a) or (b) at any time that the county department or
5department considers to be appropriate.
AB40-ASA1, s. 1332f 6Section 1332f. 48.57 (3p) (c) 1. of the statutes is amended to read:
AB40-ASA1,522,137 48.57 (3p) (c) 1. After receipt of an application for payments under sub. (3m)
8or (3n) or s. 48.62 (5) (a) or (b), the county department or, in a county having a
9population of 500,000 or more, the department, with the assistance of the
10department of justice, shall, in addition to the investigation under par. (b) 1., conduct
11a background investigation of all employees and prospective employees of the
12applicant who have or would have regular contact with the child for whom those
13payments are being made and of each adult resident.
AB40-ASA1, s. 1332g 14Section 1332g. 48.57 (3p) (c) 2m. of the statutes is amended to read:
AB40-ASA1,522,2115 48.57 (3p) (c) 2m. The county department or, in a county having a population
16of 500,000 or more, the department, with the assistance of the department of justice,
17may conduct a background investigation of any of the employees or prospective
18employees of any person who is receiving payments under sub. (3n) or s. 48.62 (5) (a)
19or (b)
who have or would have regular contact with the child for whom payments are
20being made and of each adult resident at any time that the county department or
21department considers to be appropriate.
AB40-ASA1, s. 1332h 22Section 1332h. 48.57 (3p) (c) 3. of the statutes is amended to read:
AB40-ASA1,523,523 48.57 (3p) (c) 3. Before a person who is receiving payments under sub. (3m) or
24(3n) or s. 48.62 (5) (a) or (b) may employ any person in a position in which that person
25would have regular contact with the child for whom those payments are being made

1or permit any person to be an adult resident, the county department or, in a county
2having a population of 500,000 or more, the department, with the assistance of the
3department of justice, shall conduct a background investigation of the prospective
4employee or prospective adult resident unless that person has already been
5investigated under subd. 1., 2. or 2m.
AB40-ASA1, s. 1332i 6Section 1332i. 48.57 (3p) (fm) 1m. of the statutes is amended to read:
AB40-ASA1,524,27 48.57 (3p) (fm) 1m. The county department or, in a county having a population
8of 500,000 or more, the department may not enter into the agreement under sub. (3n)
9(am) 6. or make payments under s. 48.62 (5) (a) or (b) unless the county department
10or department receives information from the department of justice relating to the
11conviction record of the applicant under the law of this state and that record indicates
12either that the applicant has not been arrested or convicted or that the applicant has
13been arrested or convicted but the director of the county department or, in a county
14having a population of 500,000 or more, the person designated by the secretary to
15review conviction records under this subdivision determines that the conviction
16record is satisfactory because it does not include any arrest or conviction that the
17director or person designated by the secretary determines is likely to adversely affect
18the child or the applicant's ability to care for the child. The county department or,
19in a county having a population of 500,000 or more, the department may make
20payments under sub. (3n) or s. 48.62 (5) (a) or (b) conditioned on the receipt of
21information from the federal bureau of investigation indicating that the person's
22conviction record under the law of any other state or under federal law is satisfactory
23because the conviction record does not include any arrest or conviction that the
24director of the county department or, in a county having a population of 500,000 or
25more, the person designated by the secretary to review conviction records under this

1subdivision determines is likely to adversely affect the child or the applicant's ability
2to care for the child.
AB40-ASA1, s. 1332j 3Section 1332j. 48.57 (3p) (fm) 2m. of the statutes is amended to read:
AB40-ASA1,525,124 48.57 (3p) (fm) 2m. A person receiving payments under sub. (3n) or s. 48.62 (5)
5(a) or (b)
may provisionally employ a person in a position in which that person would
6have regular contact with the child for whom those payments are being made or
7provisionally permit a person to be an adult resident if the person receiving those
8payments states to the county department or, in a county having a population of
9500,000 or more, the department that, to the best of his or her knowledge, the
10employee or adult resident does not have any arrests or convictions that could
11adversely affect the child or the ability of the person receiving payments to care for
12the child. A person receiving payment under sub. (3n) or s. 48.62 (5) (a) or (b) may
13not finally employ a person in a position in which that person would have regular
14contact with the child for whom those payments are being made or finally permit a
15person to be an adult resident until the county department or, in a county having a
16population of 500,000 or more, the department receives information from the
17department of justice relating to the person's conviction record under the law of this
18state and that record indicates either that the person has not been arrested or
19convicted or that the person has been arrested or convicted but the director of the
20county department or, in a county having a population of 500,000 or more, the person
21designated by the secretary to review conviction records under this subdivision
22determines that the conviction record is satisfactory because it does not include any
23arrest or conviction that is likely to adversely affect the child or the ability of the
24person receiving payments to care for the child and the county department or
25department so advises the person receiving payments under sub. (3n) or s. 48.62 (5)

1(a) or (b)
. A person receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b) may
2finally employ a person in a position in which that person would have regular contact
3with the child for whom those payments are being made or finally permit a person
4to be an adult resident conditioned on the receipt of information from the county
5department or, in a county having a population of 500,000 or more, the department
6that the federal bureau of investigation indicates that the person's conviction record
7under the law of any other state or under federal law is satisfactory because the
8conviction record does not include any arrest or conviction that the director of the
9county department or, in a county having a population of 500,000 or more, the person
10designated by the secretary to review conviction records under this subdivision
11determines is likely to adversely affect the child or the ability of the person receiving
12payments to care for the child.
AB40-ASA1, s. 1332k 13Section 1332k. 48.57 (3p) (hm) of the statutes is amended to read:
AB40-ASA1,525,2314 48.57 (3p) (hm) A county department or, in a county having a population of
15500,000 or more, the department may not make payments to a person under sub. (3n)
16or s. 48.62 (5) (a) or (b) and a person receiving payments under sub. (3n) or s. 48.62
17(5) (a) or (b)
may not employ a person in a position in which that person would have
18regular contact with the child for whom payments are being made or permit a person
19to be an adult resident if the director of the county department or, in a county having
20a population of 500,000 or more, the person designated by the secretary to review
21conviction records under this paragraph determines that the person has any arrest
22or conviction that is likely to adversely affect the child or the person's ability to care
23for the child.
AB40-ASA1, s. 1332m 24Section 1332m. 48.62 (5) (a) of the statutes is repealed.
AB40-ASA1, s. 1332n
1Section 1332n. 48.62 (5) (b) of the statutes is renumbered 48.623 (6) (intro.)
2and amended to read:
AB40-ASA1,526,93 48.623 (6) Interim caretaker. (intro.) Subject to par. (d), on On the death,
4incapacity, resignation, or removal of a guardian receiving payments under par. (a),
5a
sub. (1), the county department or, in a county having a population of 500,000 or
6more,
the department providing those payments shall provide monthly subsidized
7guardianship payments in the amount specified in par. (e) sub. (3) (b) for a period of
8up to 12 months to an interim caretaker who meets if all of the following conditions
9specified in par. (c). are met:
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