Amendment ASA1-AB40

AB40-ASA1,517,25 46.56 (3) (f) This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40-ASA1,848 Section 848. 46.56 (4) (intro.) of the statutes is amended to read:

AB40-ASA1,518,5 46.56 (4) Role of administering agency. (intro.) The Except when otherwise provided in requirements established by the department under sub. (14) (e) that apply with respect to multi-entity initiatives, the administering agency designated under sub. (2) shall do all of the following:

AB40-ASA1,849 Section 849. 46.56 (4) (d) of the statutes is amended to read:

AB40-ASA1,518,9 46.56 (4) (d) If the county board of supervisors or tribe or a multi-entity initiative decides to seek state funding under sub. (15), develop the application in cooperation with the coordinating committee.

AB40-ASA1,850 Section 850. 46.56 (5) (intro.) of the statutes is amended to read:

AB40-ASA1,518,14 46.56 (5) Interagency agreement. (intro.) An Except when otherwise provided in requirements established by the department under sub. (14) (e) that apply with respect to multi-entity initiatives, an interagency agreement shall include all of the following:

AB40-ASA1,851 Section 851. 46.56 (6) (cr) of the statutes is renumbered 46.56 (6) (cr) 1. and amended to read:

AB40-ASA1,518,19 46.56 (6) (cr) 1. Every Except as provided in subd. 2., every county and tribe that operates any initiative shall develop written policies and procedures specifying the selection process for the initiative coordinator.

AB40-ASA1,852 Section 852. 46.56 (6) (cr) 2. of the statutes is created to read:

AB40-ASA1,518,23 46.56 (6) (cr) 2. For a multi-entity initiative, the lead administrative county or the lead administrative tribe shall develop the written policies and procedures under subd. 1. specifying the selection process for the initiative coordinator.

AB40-ASA1,853 Section 853. 46.56 (6) (e) of the statutes is created to read:

AB40-ASA1,519,3 46.56 (6) (e) This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40-ASA1,854 Section 854. 46.56 (7) (intro.) of the statutes is amended to read:

AB40-ASA1,519,13 46.56 (7) Eligibility of children and families. (intro.) Children Except when otherwise provided in requirements established by the department under sub. (14) (e) that apply with respect to multi-entity initiatives, children who are involved in 2 of or more systems of care and their families shall be eligible for the initiative, except that the coordinating committee may establish specific additional criteria for eligibility for services and may establish certain target groups of children who are involved in 2 or more systems of care to receive services. If target groups are established, only children falling within the target groups may be enrolled in the initiative. Any eligibility criteria shall meet all of the following conditions:

AB40-ASA1,855 Section 855. 46.56 (8) (t) of the statutes is created to read:

AB40-ASA1,519,17 46.56 (8) (t) This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40-ASA1,856 Section 856. 46.56 (9) to (13) of the statutes are amended to read:

AB40-ASA1,520,2 46.56 (9) Immediate care. Individual county departments, tribal agencies, other agencies, and other service providers shall provide immediate services and other resources as necessary and appropriate to children who are involved in 2 or more systems of care and their families who have been referred for an evaluation of eligibility for and appropriateness of enrollment in the initiative while assessment and planning take place. This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40-ASA1,520,9 (10) Relation to other support programs. In any county or for a tribe that has a family support program under s. 46.985 or other support programs, including comprehensive community services or office of justice assistance department of justice or department of corrections programs, the initiative shall coordinate its activities with the support programs. This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40-ASA1,520,17 (11) Conflict management. The department, administering agency, service coordination agencies, and service coordinators shall establish and use informal means for conflict management, including consultation, mediation, and independent assessment, whenever possible. A formal conflict management policy shall be established in writing by the coordinating committee for use by families, providers, and other individuals involved in the initiative. This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40-ASA1,521,2 (12) Administrative appeals. Decisions by the service coordination agency regarding eligibility, enrollment, denial, termination, reduction, or appropriateness of services and decisions by the individuals designated by the coordinating committee regarding eligibility, enrollment, or denial may be appealed to the coordinating committee by a child who is a service applicant or recipient or by the parent or guardian or guardian ad litem of the applicant or recipient. Decisions of the coordinating committee may be appealed to the department under ch. 227. This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40-ASA1,521,9 (13) Review of actions by individual agencies. Nothing in this section shall limit, modify, or expand the rights, remedies, or procedures established in federal statutes or regulations or state statutes or rules for individuals or families receiving services provided by individual organizations that are participating in the coordinated services plan of care. This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40-ASA1,857 Section 857. 46.56 (14) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,521,13 46.56 (14) (b) (intro.) The department shall provide, either directly or through purchase of services, the following support services to the counties and tribes that elect to participate in the initiative and to multi-entity initiatives:

AB40-ASA1,858 Section 858. 46.56 (14) (d) of the statutes is amended to read:

AB40-ASA1,521,22 46.56 (14) (d) Notwithstanding eligibility requirements for enrollment in the initiative, if the state is funding the initiative in a particular county or for a tribe or is funding a multi-entity initiative under sub. (15), the department may permit the county or, tribe, or multi-entity initiative to serve under this section any individual who has a severe disability and who has not attained 22 years of age, and his or her family, if the individual's mental, physical, sensory, behavioral, emotional, or developmental disability or whose combination of multiple disabilities meets the requirements specified in sub. (1) (om) 1. to 4.

AB40-ASA1,859 Section 859. 46.56 (14) (e) of the statutes is created to read:

AB40-ASA1,522,3 46.56 (14) (e) The department may establish additional requirements to apply with respect to multi-entity initiatives, including requirements that conflict with any requirements in subs. (3) to (13).

AB40-ASA1,860 Section 860. 46.56 (15) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,522,8 46.56 (15) (b) (intro.) In order to apply for funds under this subsection, the county board of supervisors or tribe or, for a multi-entity initiative, the county board of the lead administrative county or the lead administrative tribe shall do all of the following:

AB40-ASA1,861 Section 861. 46.56 (15) (b) 4. of the statutes is amended to read:

AB40-ASA1,522,14 46.56 (15) (b) 4. Submit a description of the existing services and other resources in the county or tribe or in the area or areas served by a multi-entity initiative for children who are involved in 2 or more systems of care, an assessment of any gaps in services, and a plan for using the funds received under this subsection or funds from other sources to develop or expand the initiative.

AB40-ASA1,862 Section 862. 46.56 (15) (c) of the statutes is amended to read:

AB40-ASA1,522,20 46.56 (15) (c) In order for a county or tribe or a multi-entity initiative to obtain funds under this subsection, all of the participating agencies and organizations shall provide matching funds that, in total, equal 20% of the requested funding. The match may be cash or in-kind. The department shall determine what may be used as in-kind match.

AB40-ASA1,863 Section 863. 46.56 (15) (d) of the statutes is amended to read:

AB40-ASA1,522,25 46.56 (15) (d) In order to apply for funding, a county or tribe or a multi-entity initiative shall have a coordinating committee that meets the requirements under sub. (3) (a) and (b), and, if applicable, sub. (3) (bm) that will carry out the responsibilities under sub. (3) (d).

AB40-ASA1,864 Section 864. 46.86 (1) of the statutes is amended to read:

AB40-ASA1,523,16 46.86 (1) From the appropriation under s. 20.435 (7) (5) (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.

AB40-ASA1,865 Section 865. 46.86 (2m) (b) of the statutes is amended to read:

AB40-ASA1,523,22 46.86 (2m) (b) From the appropriation under s. 20.435 (7) (5) (md), the department shall distribute not more than $79,500 in each fiscal year for residential long-term treatment for alcohol and other drug abuse, including treatment with respect to family relationships, antisocial behavior and employability, in a treatment facility, as defined in s. 51.01 (19), in a 1st class city.

AB40-ASA1,866 Section 866. 46.86 (3m) of the statutes is amended to read:

AB40-ASA1,524,8 46.86 (3m) From the appropriation under s. 20.435 (7) (5) (md), the department may not distribute more than $900,000 in each fiscal year to fund a multidisciplinary prevention and treatment team in Milwaukee County for cocaine-abusing women and their children. The multidisciplinary prevention and treatment team must coordinate its activities with other prevention and treatment programs in Milwaukee County for cocaine-abusing women and their children. Residents from other counties may be served by the multidisciplinary prevention and treatment team. The department may carry forward funds distributed under this subsection, but not encumbered by December 31, for distribution for the purpose under this subsection in the following calendar year.

AB40-ASA1,867 Section 867. 46.86 (5) of the statutes is amended to read:

AB40-ASA1,524,14 46.86 (5) From the appropriation under s. 20.435 (7) (5) (md), the department may not distribute more than $235,000 in each fiscal year as a grant to ARC Community Services, Inc., for women and children in Dane County, to provide funding for staff of the center and transportation and meal expenses for chemically dependent women who receive services from the center.

AB40-ASA1,868 Section 868. 46.86 (6) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,524,21 46.86 (6) (a) (intro.) From the appropriation account under s. 20.435 (7) (5) (md), the department may award up to $1,330,800 in each fiscal year, and from the appropriation account under s. 20.435 (5) (gb), the department may award not more than $319,500 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:

AB40-ASA1,869 Section 869. 46.90 (5m) (br) 5g. of the statutes is created to read:

AB40-ASA1,524,25 46.90 (5m) (br) 5g. Refer the case to the department of financial institutions if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to be registered under s. 202.13 or 202.14.

AB40-ASA1,870 Section 870. 46.96 (2) of the statutes is amended to read:

AB40-ASA1,525,4 46.96 (2) The department shall make grants from the appropriations under s. 20.435 (7) (c) or (kc) to independent living centers for nonresidential services to severely disabled individuals.

AB40-ASA1,871 Section 871. 47.02 (3m) (p) of the statutes is created to read:

AB40-ASA1,525,10 47.02 (3m) (p) 1. From the appropriation under s. 20.445 (5) (n), in each fiscal year, allocate $600,000 of moneys received from the federal social security administration for reimbursement of grants to independent living centers. The department shall make grants to independent living centers for nonresidential services to severely disabled individuals as defined in s. 46.96 (1) (b).

AB40-ASA1,525,13 2. To be eligible to receive a grant under subd. 1., an independent living center shall comply with the requirements under s. 46.96 (3m) (a) 1. to 3. and (am) 1. and 2.

AB40-ASA1,872 Section 872. 48.06 (1) (title) of the statutes is amended to read:

AB40-ASA1,525,15 48.06 (1) (title) Counties with a population of 500,000 750,000 or more.

AB40-ASA1,873 Section 873. 48.06 (1) (a) 1. of the statutes is amended to read:

AB40-ASA1,525,25 48.06 (1) (a) 1. In counties with a population of 500,000 750,000 or more, the department shall provide the court with the services necessary for investigating and supervising child welfare and unborn child welfare cases under this chapter. The department is charged with providing child welfare and unborn child welfare intake and dispositional services and with administration of the personnel and services of the child welfare and unborn child welfare intake and dispositional sections of the department. The department shall include investigative services for all children and unborn children alleged to be in need of protection or services to be provided by the department.

AB40-ASA1,874 Section 874. 48.06 (2) (title) of the statutes is amended to read:

AB40-ASA1,526,2 48.06 (2) (title) Counties with a population under 500,000 750,000.

AB40-ASA1,875 Section 875. 48.06 (2) (a) of the statutes is amended to read:

AB40-ASA1,526,16 48.06 (2) (a) In counties having less than 500,000 750,000 population, the county board of supervisors shall authorize the county department or court or both to provide intake services required by s. 48.067 and the staff needed to carry out the objectives and provisions of this chapter under s. 48.069. Intake services shall be provided by employees of the court or county department and may not be subcontracted to other individuals or agencies, except any county which had intake services subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract intake services from the county sheriff's department. Intake workers shall be governed in their intake work, including their responsibilities for recommending the filing of a petition and entering into an informal disposition, by general written policies which shall be formulated by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.

AB40-ASA1,876 Section 876. 48.06 (3) of the statutes is amended to read:

AB40-ASA1,526,22 48.06 (3) Intake services. The court, the department in a county having a population of 500,000 750,000 or more, or the county department responsible for providing intake services under s. 48.067 shall specify one or more persons to provide intake services. If there is more than one such worker, one of the workers shall be designated as chief worker and shall supervise other workers.

AB40-ASA1,877 Section 877. 48.06 (4) of the statutes is amended to read:

AB40-ASA1,527,6 48.06 (4) State aid. State aid to any county for court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 48.569. Counties having a population of less than 500,000 750,000 may use funds received under s. 48.569 (1) (d), including county or federal revenue sharing funds allocated to match funds received under s. 48.569 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50% 50 percent of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.

AB40-ASA1,878 Section 878. 48.069 (1) (intro.) of the statutes is amended to read:

AB40-ASA1,527,12 48.069 (1) (intro.) The staff of the department, the court, a county department or a licensed child welfare agency designated by the court to carry out the objectives and provisions of this chapter, or, in a county having a population of 500,000 750,000 or more, the department or an agency under contract with the department to provide dispositional services, shall:

AB40-ASA1,879 Section 879. 48.069 (2) of the statutes is amended to read:

AB40-ASA1,527,19 48.069 (2) Except in a county having a population of 500,000 750,000 or more, licensed child welfare agencies and the department shall provide services under this section only upon the approval of the agency from whom services are requested. In a county having a population of 500,000 750,000 or more, the department or, with the approval of the department, a licensed child welfare agency shall provide services under this section.

AB40-ASA1,880 Section 880. 48.069 (3) of the statutes is amended to read:

AB40-ASA1,527,24 48.069 (3) A court or county department responsible for disposition staff or, in a county having a population of 500,000 750,000 or more, the department may agree with the court or county department responsible for providing intake services that the disposition staff may be designated to provide some or all of the intake services.

AB40-ASA1,881 Section 881. 48.07 (5) (b) 2. of the statutes is amended to read:

AB40-ASA1,528,15 48.07 (5) (b) 2. On receipt of an application from a prospective court-appointed special advocate, the court-appointed special advocate program, with the assistance of the department of justice, shall conduct a background investigation of the applicant. If the court-appointed special advocate program determines that any information obtained as a result of the background investigation provides a reasonable basis for further investigation, the court-appointed special advocate program may require the applicant to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the applicant's fingerprints, or by other technologies approved by law enforcement agencies. The department of justice may provide for the submission of the fingerprint cards or fingerprints by other technologies to the federal bureau of investigation for the purposes of verifying the identification of the applicant and obtaining the applicant's criminal arrest and conviction record. The court-appointed special advocate program shall keep confidential all information received from the department of justice and the federal bureau of investigation under this subdivision.

AB40-ASA1,882 Section 882. 48.345 (6m) of the statutes is amended to read:

AB40-ASA1,528,23 48.345 (6m) If the report prepared under s. 48.33 (1) recommends that the child is in need of a coordinated services plan of care and if an initiative under s. 46.56 has been established in for the county or, for a child who is a member of a tribe, as defined in s. 46.56 (1) (q), by for a tribe, the judge may order an assessment of the child and the child's family for eligibility for and appropriateness of the initiative, and if eligible for enrollment in the initiative, that a coordinated services plan of care be developed and implemented.

AB40-ASA1,890 Section 890. 48.43 (7) of the statutes is renumbered 48.43 (7) (a) and amended to read:

AB40-ASA1,529,5 48.43 (7) (a) If the agency specified under sub. (1) (a) is the department and, the department shall seek a permanent adoptive placement for the child or seek to enter into a subsidized guardianship agreement under s. 48.623 (2) with a proposed guardian of the child and petition the court for the appointment of that individual as the guardian of the child under s. 48.977 (2).

AB40-ASA1,529,12 (b) If a permanent adoptive or subsidized guardianship placement is not in progress 2 years after entry of the order, the department may petition the court to transfer legal custody of the child to a county department, except that the department may not petition the court to transfer to a county department legal custody of a child who was initially taken into custody under s. 48.195 (1). The court shall transfer the child's legal custody to the county department specified in the petition. The department shall remain the child's guardian.

AB40-ASA1,891 Section 891. 48.48 (3m) (d) of the statutes is amended to read:

AB40-ASA1,529,17 48.48 (3m) (d) The tribal court has signed a written contract that addresses federal and state law and that provides that the tribal court will accept the return of the legal custody or the legal custody and guardianship of the child if the department petitions the tribal court to do so under s. 48.485 (2).

AB40-ASA1,892 Section 892. 48.48 (8p) of the statutes is amended to read:

AB40-ASA1,530,2 48.48 (8p) To reimburse tribes and county departments, from the appropriation under s. 20.437 (1) (kz), for unexpected or unusually high-cost out-of-home care placements of Indian children by tribal courts and for subsidized guardianship payments under s. 48.623 (1) or (6) for guardianships of Indian children ordered by tribal courts. In this subsection, "unusually high-cost out-of-home care placements" means the amount by which the cost to a tribe or to a county department of out-of-home care placements of Indian children by tribal courts exceeds $50,000 in a fiscal year.

AB40-ASA1,893 Section 893. 48.48 (16m) of the statutes is amended to read:

AB40-ASA1,530,10 48.48 (16m) To employ under the unclassified service in an office of the department that is located in a 1st class city a director of the office of urban development who shall be appointed by the secretary to serve at the pleasure of the secretary and who shall coordinate the provision of child welfare services in a county having a population of 500,000 750,000 or more with the implementation of the Wisconsin works program under ss. 49.141 to 49.161 in a county having a population of 500,000 750,000 or more.

AB40-ASA1,894 Section 894. 48.48 (17) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,530,17 48.48 (17) (a) (intro.) In a county having a population of 500,000 750,000 or more, to administer child welfare services and to expend such amounts as may be necessary out of any moneys which may be appropriated for child welfare services by the legislature, which may be donated by individuals or private organizations or which may be otherwise provided. The department shall also have authority to do all of the following:

AB40-ASA1,895 Section 895. 48.481 (1) (a) of the statutes is amended to read:

AB40-ASA1,531,4 48.481 (1) (a) The department shall distribute $497,200 foster care continuation grants in each fiscal year to counties for the purpose of supplementing payments for the care of an individual who attains age 18 after 1986 and who resided in a home licensed under s. 48.62 for at least 2 years immediately prior to attaining age 18 and, for at least 2 years, received payments for exceptional circumstances in order to avoid institutionalization, as provided under rules promulgated by the department, so that the individual may live in a family home or other noninstitutional situation after attaining age 18. No county may use funds provided under this paragraph to replace funds previously used by the county for this purpose. Beginning in fiscal year 2013-14, a county is eligible to receive funding under this paragraph only if the county received such funding in fiscal year 2012-13.