AB895: Bill Text

AB895, s. 4 Section 4. 46.27 (11) (c) 6. (intro.) of the statutes is amended to read:

AB895,10,9 46.27 (11) (c) 6. (intro.) No county, private nonprofit agency or aging unit may use funds received under this subsection to provide residential services in any community-based residential facility, as defined in s. 50.01 (1g), or group home, as defined in s. 48.02 (7), that has more than 4 beds, unless one of the following applies:

AB895, s. 5 Section 5. 46.27 (11) (c) 6. a. of the statutes is repealed and recreated to read:

AB895,10,11 46.27 (11) (c) 6. a. The requirements of sub. (7) (cm) 1. a. or c. are met.

AB895, s. 6 Section 6. 46.27 (11) (c) 6g. of the statutes is created to read:

AB895,10,16 46.27 (11) (c) 6g. No county, private nonprofit agency or aging unit may use funds received under this subsection to provide residential services in a group home, as defined in s. 48.02 (7), that has more than 5 beds, unless the department approves the provision of services in a group home that has 6 to 8 beds.

AB895, s. 7 Section 7. 46.277 (5) (d) 1m. (intro.) of the statutes is amended to read:

AB895,10,21 46.277 (5) (d) 1m. (intro.) No county may use funds received under this section to provide services to a person who does not live in his or her own home or apartment unless, subject to the limitations under subds. 2. and , 3. and 4. and par. (e), one of the following applies:

AB895, s. 8 Section 8. 46.277 (5) (d) 1n. (intro.) of the statutes is amended to read:

AB895,11,3 46.277 (5) (d) 1n. (intro.) A county may also use funds received under this section, subject to the limitations under subds. 2. and , 3. and 4. and par. (e), to provide services to a person who does not live in his or her own home or apartment if the services are provided to the person in a community-based residential facility and the county department or aging unit has determined that all of the following conditions have been met:

AB895, s. 9 Section 9. 46.277 (5) (d) 2. (intro.) of the statutes is amended to read:

AB895,11,8 46.277 (5) (d) 2. (intro.) No county may use funds received under this section to provide residential services in any community-based residential facility, as defined in s. 50.01 (1g), or group home, as defined in s. 48.02 (7), that has more than 4 beds, unless one of the following applies:

AB895, s. 10 Section 10. 46.277 (5) (d) 2. a. of the statutes is repealed and recreated to read:

AB895,11,10 46.277 (5) (d) 2. a. The requirements of s. 46.27 (7) (cm) 1. a. or c. are met.

AB895, s. 11 Section 11. 46.277 (5) (d) 4. of the statutes is created to read:

AB895,11,15 46.277 (5) (d) 4. No county may use funds received under this section to provide residential services in a group home, as defined in s. 48.02 (7), that has more than 5 beds, unless the department approves the provision of services in a group home that has 6 to 8 beds.

AB895, s. 12 Section 12. 46.286 (1) (a) 2. (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB895,12,2 46.286 (1) (a) 2. (intro.) The person has a condition that is expected to last at least 90 days or result in death within 12 months after the date of application but that does not meet the level specified under subd. 1. a. or b.; the person first applies for eligibility for the family care benefit within 36 months after the date on which the family care benefit is initially available in the person's county of residence; and, on the date that the family care benefit became available in the person's county of residence, the person was a resident in a nursing home or had been receiving for at least 60 days, under a written plan of care, long-term care services, as specified by the department, which were funded under any of the following:

AB895, s. 13 Section 13. 46.286 (1m) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB895,12,10 46.286 (1m) Eligibility exception. A person whose primary disabling condition is developmental disability is eligible for the family care benefit if the person is a resident of a county or is a member of a tribe or band that has operated, before July 1, 2001, a care management organization under s. 46.281 (1) (d), is at least 18 years of age and meets all other eligibility criteria under this subsection sub. (1) (a) and (b).

AB895, s. 14 Section 14. 46.286 (3) (a) (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB895,12,17 46.286 (3) (a) (intro.) Subject to pars. (c) and (d), a person is entitled to and may receive the family care benefit through enrollment in a care management organization if he or she meets the requirements of sub. (1) (intro.), except as provided in subd. 5., is financially eligible, fulfills any applicable cost-sharing requirements and meets any of the following criteria:

AB895, s. 15 Section 15. 46.286 (3) (a) 6. of the statutes is created to read:

AB895,12,20 46.286 (3) (a) 6. Is functionally eligible at the intermediate level and meets all of the following criteria:

AB895,12,25 a. On the date on which the family care benefit is initially available in the person's county of residence, is a resident in a nursing home or has been receiving for at least 60 days, under a written plan of care, long-term care services, as specified by the department, which are funded as specified under sub. (1) (a) 2. a., b., c., d. or e.

AB895,13,2 b. Enrolls within 36 months after the date on which the family care benefit is initially available in the person's county of residence.

AB895, s. 16 Section 16. 46.289 of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB895,13,12 46.289 Transition. In order to facilitate the transition to the long-term care system specified in ss. 46.2805 to 46.2895, within the limits of applicable federal statutes and regulations and if the secretary of health and family services finds it necessary, he or she may grant a county limited waivers to or exemptions from ss. 46.27 (3) (e) (intro.), 1. and 2. and (f), (5) (d) and (e), (6) (a) 1., 2. and 3. and (b) (intro.), 1. and 2., (6r) (c), (7) (b), (cj) and (cm) and (11) (c) 5m. (intro.) and, 6. and 6g. and 46.277 (3) (a), (4) (a) and (5) (d) 1m., 1n. and, 2. and 4. and rules promulgated under those provisions.

AB895, s. 17 Section 17. 46.99 (2) (a) (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB895,13,21 46.99 (2) (a) (intro.) From the appropriations under s. 20.435 (3) (eg), (km) and (nL), the department, beginning on January 1, 2001, 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 $1,229,300 $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:

AB895, s. 18 Section 18. 46.995 (1m) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB895,14,3 46.995 (1m) Tribal adolescent services allocations. From the appropriation account under s. 20.435 (3) (km), the department may allocate $172,500 $195,000 in each fiscal year and, from the appropriation account under s. 20.435 (3) (eg), the department may allocate $7,500 $15,000 in each fiscal year to provide the grants specified in subs. (2), (3) (b) and (4m) (b).

AB895, s. 19 Section 19. 46.995 (4m) (b) (intro.) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

AB895,14,12 46.995 (4m) (b) (intro.) From the allocations under sub. (1m), the department may provide a grant annually in the amount of $30,000 $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:

AB895, s. 20 Section 20. 48.78 (3) of the statutes is created to read:

AB895,14,20 48.78 (3) (a) Except as provided in pars. (b) to (d) or by order of the court, no agency may make available for inspection or disclose the contents of any record kept or information received relating to a foster parent, treatment foster parent or family-operated group home, as defined in s. 48.627 (1), parent or a family member of a foster parent, treatment foster parent or family-operated group home parent without first receiving the written permission of the foster parent, treatment foster parent or family-operated group home parent.

AB895,15,6 (bm) Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, a public school or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 938.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1). A public school that obtains information under this paragraph shall keep the information confidential as required under s. 118.125 and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under s. 118.125.

AB895,15,8 (c) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record under s. 48.981 (7).

AB895,15,12 (d) Paragraph (a) does not prohibit an agency from disclosing the name and address of a foster parent, treatment foster parent or family-operated group home parent under s. 48.20 (8), 48.227 (2), 48.33 (5), 48.355 (2) (b) 2., 48.357 (1) or (2m) or 48.38 (4) (c).

AB895, s. 21 Section 21. 48.833 of the statutes is amended to read:

AB895,16,8 48.833 Placement of children for adoption by the department, county departments and child welfare agencies. The department, a county department under s. 48.57 (1) (e) or (hm) or a child welfare agency licensed under s. 48.60 may place a child for adoption in a licensed foster home or a licensed treatment foster home without a court order if the department, county department under s. 48.57 (1) (e) or (hm) or the child welfare agency is the guardian of the child or makes the placement at the request of another agency which is the guardian of the child. Before placing a child for adoption under this section, the department, county department or child welfare agency making the placement shall consider the availability of a placement for adoption with a relative of the child who is identified in the child's permanency plan under s. 48.38 or 938.38 or who is otherwise known by the department, county department or child welfare agency. The department, county department or child welfare agency may not deny or delay the placement of a child for adoption when a family that has been approved as an adoptive placement for the child is available outside of the county where the child is located. When a child is placed under this section in a licensed foster home or a licensed treatment foster home for adoption, the department, county department or child welfare agency making the placement shall enter into a written agreement with the adoptive parent, which shall state the date on which the child is placed in the licensed foster home or licensed treatment foster home for adoption by the adoptive parent.

AB895, s. 22 Section 22. 48.981 (3) (c) 5m. of the statutes is created to read:

AB895,16,24 48.981 (3) (c) 5m. If the county department or, in a county having a population of 500,000 or more, the department or a licensed child welfare agency under contract with the department determines under subd. 4. that a specific person has abused or neglected a child, the county department, department or licensed child welfare agency, within 15 days after the date of the determination, shall notify the person in writing of the determination, the person's right to appeal the determination and the procedure by which the person may appeal the determination, and the person may appeal the determination in accordance with the procedures established by the department under this subdivision. The department shall establish procedures for conducting an appeal under this subdivision. Those procedures shall include a procedure permitting an appeal under this subdivision to be held in abeyance pending the outcome of any criminal proceedings or any proceedings under s. 48.13 based on the alleged abuse or neglect or the outcome of any investigation that may lead to the filing of a criminal complaint or a petition under s. 48.13 based on the alleged abuse or neglect. Those procedures need not be promulgated as rules.

AB895, s. 23 Section 23. 48.981 (3) (cm) of the statutes is amended to read:

AB895,17,8 48.981 (3) (cm) Contract with licensed child welfare agencies. A county department may contract with a licensed child welfare agency to fulfill the county department's duties specified under par. (c) 1., 2. b., 2m. b., 5., 6., 6m. and 8. The department may contract with a licensed child welfare agency to fulfill the department's duties specified under par. (c) 1., 2. a., 2m. b., 3., 4., 5., 5m., 6., 6m., 7., 8. and 9. in a county having a population of 500,000 or more. The confidentiality provisions specified in sub. (7) shall apply to any licensed child welfare agency with which a county department or the department contracts.

AB895, s. 24 Section 24. 48.981 (7) (a) 15g. of the statutes is created to read:

AB895,17,11 48.981 (7) (a) 15g. A citizen review panel established or designated by the department or a county department.

AB895, s. 25 Section 25. 48.981 (7) (cm) of the statutes is amended to read:

AB895,17,15 48.981 (7) (cm) An Notwithstanding par. (a), an agency may disclose information from its records for use in proceedings under s. 48.25 (6), 813.122 or 813.125.

AB895, s. 26 Section 26. 48.981 (7) (cr) of the statutes is created to read:

AB895,17,21 48.981 (7) (cr) 1. Notwithstanding par. (a) and subject to subd. 3., an agency may disclose to the public a written summary of the information specified in subd. 2. relating to any child who has died or been placed in serious or critical condition, as determined by a physician, as a result of any suspected abuse or neglect that has been reported under this section if any of the following circumstances applies:

AB895,18,2 a. A person has been charged with a crime for causing the death or serious or critical condition of the child as a result of the suspected abuse or neglect, or the district attorney indicates that a person who is deceased would have been charged with a crime for causing the death or serious or critical condition of the child as a result of the suspected abuse or neglect, but for the fact that the person is deceased.

AB895,18,8 b. A judge, district attorney, law enforcement officer, law enforcement agency or any other officer or agency whose official duties include the investigation or prosecution of crime has previously disclosed to the public, in the performance of the official duties of the officer or agency, that the suspected abuse or neglect of the child has been investigated under sub. (3) or that child welfare services have been provided to the child or the child's family under this chapter.

AB895,18,11 c. A parent, guardian or legal custodian of the child or the child, if 14 years of age or over, has previously disclosed or authorized the disclosure of the information specified in subd. 2.

AB895,18,15 2. If an agency is permitted to disclose information under subd. 1. relating to a child who has died or been placed in serious or critical condition as a result of any suspected abuse or neglect that has been reported under this section, the agency may disclose all of the following information from its records:

AB895,18,23 a. A description of any investigation made by the agency in response to the report of the suspected abuse or neglect, a statement of the determination made by the agency under sub. (3) (c) 4. with respect to the report and the basis for that determination, a statement of whether any services were offered or provided to the child, the child's family or the person suspected of the abuse or neglect and a statement of whether any other action was taken by the agency to protect the child who is the subject of the report or any other child residing in the same dwelling as the child who is the subject of the report.

AB895,19,6 b. Whether any previous report of suspected or threatened abuse or neglect of the child has been made to the agency and the date of the report, a statement of the determination made by the agency under sub. (3) (c) 4. with respect to the report and the basis for that determination, a statement of whether any services were offered or provided to the child, the child's family or the person suspected of the abuse or neglect and a statement of whether any other action was taken by the agency to protect the child who is the subject of the report or any other child residing in the same dwelling as the child who is the subject of the report.

AB895,19,10 c. Whether the child or the child's family has received any services under this chapter prior to the report of suspected abuse or neglect that caused the child's death or serious or critical condition or any previous report of suspected or threatened abuse or neglect.

AB895,19,12 3. An agency may not disclose any of the information described in subd. 2. if any of the following applies:

AB895,19,19 a. The agency determines that disclosure of the information would be contrary to the best interests of the child who is the subject of the report, the child's siblings or any other child residing in the same dwelling as the child who is the subject of the report or that disclosure of the information is likely to cause mental, emotional or physical harm or danger to the child who is the subject of the report, the child's siblings, any other child residing in the same dwelling as the child who is the subject of the report or any other person.

AB895,19,22 b. The district attorney determines that disclosure of the information would jeopardize any ongoing or future criminal investigation or prosecution or would jeopardize a defendant's right to a fair trial.

AB895,19,25 c. The agency determines that disclosure of the information would jeopardize any ongoing or future civil investigation or proceeding or would jeopardize the fairness of such a proceeding.

AB895,20,2 d. Disclosure of the information is not authorized by state law or rule or federal law or regulation.

AB895,20,5 e. The investigation under sub. (3) of the report of the suspected abuse or neglect has not been completed, in which case the agency may only disclose that the report is under investigation.

AB895,20,10 f. Disclosure of the information would reveal the identity of the child who is the subject of the report, the child's siblings, the child's parent, guardian or legal custodian or any other person residing in the same dwelling as the child, and information that would reveal the identity of those persons has not previously been disclosed to the public.

AB895,20,13 g. Disclosure of the information would reveal the identity of a reporter or any other person who provides information relating to the suspected abuse or neglect of the child.

AB895,20,23 4. Any person who requests the information specified in subd. 2. under the circumstances specified in subd. 1. whose request is denied may petition the court to order the disclosure of that information. On receiving a petition under this subdivision, the court shall notify the agency, the district attorney, the child and the child's parent, guardian or legal custodian of the petition. If any person notified objects to the disclosure, the court may hold a hearing to take evidence and hear arguments relating to the disclosure of the information. The court shall make an in camera inspection of the information sought to be disclosed and shall order disclosure of the information, unless the court finds that any of the circumstances specified in subd. 3. applies.

AB895,21,4 5. Any person acting in good faith in disclosing or refusing to disclose the information specified in subd. 2. under the circumstances specified in subd. 1. is immune from any civil or criminal liability that may result by reason of that disclosure or nondisclosure. For purposes of any civil or criminal proceeding, the good faith of a person in disclosing or refusing to disclose the information specified in subd. 2. under the circumstances specified in subd. 1. shall be presumed.

AB895, s. 27 Section 27. 48.981 (7) (d) of the statutes is amended to read:

AB895,21,7 48.981 (7) (d) The Notwithstanding par. (a), the department may have access to any report or record maintained by an agency under this section.

AB895, s. 28 Section 28. 49.45 (46) (a) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB895,21,21 49.45 (46) (a) If a county, city, town or village elects to become certified as a provider of alcohol and other drug abuse residential treatment services or to contract with a certified provider to provide the services, the county, city, town or village may provide directly or under contract alcohol and other drug abuse residential treatment services in facilities with fewer than 16 17 beds under this subsection in the county, city, town or village to medical assistance recipients through the medical assistance program. A county, city, town or village that elects to provide or to contract for the services shall pay the amount of the allowable charges for the services under the medical assistance program that is not provided by the federal government. The department shall reimburse the county, city, town or village under this subsection only for the amount of the allowable charges for those services under the medical assistance program that is provided by the federal government.

AB895, s. 29 Section 29. 50.033 (2s) (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB895,22,4 50.033 (2s) Required referral. (intro.) Subject to sub. (2t), an adult family home shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has a developmental disability or physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

AB895, s. 30 Section 30. 50.034 (5n) (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB895,22,12 50.034 (5n) Required referral. (intro.) Subject to sub. (5p), a residential care apartment complex shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has a developmental disability or physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

AB895, s. 31 Section 31. 50.035 (4n) (intro.) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB895,22,20 50.035 (4n) Required referral. (intro.) Subject to sub. (4p), a community-based residential facility shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has a developmental disability or physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

AB895, s. 32 Section 32. 153.50 (6) (c) 1. of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

AB895,22,23 153.50 (6) (c) 1. The data elements specified under sub. (3) (b) 1. to 6.

AB895, s. 33 Section 33. 252.15 (7) (c) (intro.) of the statutes is renumbered 252.15 (7) (c) and amended to read:

AB895,23,3 252.15 (7) (c) Except as provided in sub. (7m), a report made under par. (b) may not include any of the following: the identity of persons with whom the test subject may have had sexual contact.

AB895, s. 34 Section 34. 252.15 (7) (c) 1. of the statutes is renumbered 252.15 (7) (b) 5m.

AB895, s. 35 Section 35. 252.15 (7) (c) 2. of the statutes is repealed.

AB895, s. 36 Section 36. 938.78 (4) of the statutes is created to read:

AB895,23,13 938.78 (4) (a) Except as provided in pars. (b) and (c) or by order of the court, no agency may make available for inspection or disclose the contents of any record kept or information received relating to a foster parent, treatment foster parent or family-operated group home, as defined in s. 48.627 (1), parent or a family member of a foster parent, treatment foster parent or family-operated group home parent without first receiving the written permission of the foster parent, treatment foster parent or family-operated group home parent.

AB895,23,25 (bm) Paragraph (a) does not apply to the confidential exchange of information between an agency and another social welfare agency, a law enforcement agency, the victim-witness coordinator, a fire investigator under s. 165.55 (15), a public school or a private school regarding an individual in the care or legal custody of the agency. A social welfare agency that obtains information under this paragraph shall keep the information confidential as required under this section and s. 48.78. A law enforcement agency that obtains information under this paragraph shall keep the information confidential as required under ss. 48.396 (1) and 938.396 (1). A public school that obtains information under this paragraph shall keep the information confidential as required under s. 118.125 and a private school that obtains information under this paragraph shall keep the information confidential in the same manner as is required of a public school under s. 118.125.

AB895,24,6 (c) Paragraph (a) does not prohibit an agency from disclosing the name and address of a foster parent, treatment foster parent or family-operated group home parent under s. 938.20 (8), 938.33 (5), 938.355 (2) (b) 2., 938.357 (1), (2m) or (4) (a) or (c) 3. or 938.38 (4) (c) or from disclosing to the parent, guardian or legal custodian of a juvenile the location of an alternate placement of the juvenile under s. 938.538 (3) (a) 1p.

AB895, s. 37 Section 37. 1999 Wisconsin Act 9, section 402 is repealed.