46.65(2) (2) The department shall promulgate rules to implement the treatment alternative program. The rules shall include all of the following:
46.65(2)(a) (a) Organizational and administrative requirements for independent program units.
46.65(2)(b) (b) Procedures for communicating and reaching agreements with representatives of the criminal justice system and treatment providers.
46.65(2)(c) (c) Eligibility criteria for participants who obtain services under the program.
46.65(2)(d) (d) Procedures for early identification of eligible participants.
46.65(2)(e) (e) Assessment, referral, treatment and monitoring procedures.
46.65(2)(f) (f) Policies and procedures for staff training.
46.65(2)(g) (g) A data collection system to be used for program management and evaluation.
46.65(2)(h) (h) A requirement that 75% of any recipient's grant must be used to provide treatment services to clients in the program.
46.65 History History: 1987 a. 339; 1989 a. 122.
46.65 Cross-reference Cross Reference: See also ch. HFS 66, Wis. adm. code.
46.70 46.70 Delivery of services to American Indians. To facilitate the delivery of accessible, available and culturally appropriate social services and mental hygiene services to American Indians by county departments under s. 46.215, 46.22, 51.42 or 51.437, the department may fund federally recognized tribal governing bodies in this state from the appropriation under s. 20.435 (7) (kL).
46.71 46.71 American Indian drug abuse prevention, treatment and education.
46.71(1)(1) From the appropriation under s. 20.435 (7) (km), the department shall, for the development of new drug abuse prevention, treatment and education programs that are culturally specific with respect to American Indians or to supplement like existing programs, allocate a total of not more than $500,000 in each fiscal year to all the elected governing bodies of federally recognized American Indian tribes or bands that submit to the department plans, approved by the department, that do all of the following:
46.71(1)(a) (a) Demonstrate the need for the proposed funding.
46.71(1)(b) (b) Outline the manner in which the funds will be used.
46.71(2) (2) The amount of funds allocated by the department under sub. (1) may not exceed the amounts appropriated under s. 20.435 (7) (km).
46.75 46.75 Food distribution grants.
46.75(1) (1)Definitions. In this section:
46.75(1)(a) (a) "Agency" means a public agency or private nonprofit organization.
46.75(1)(b) (b) "Food distribution program" means a program that provides food directly to needy individuals or a program that collects and distributes food to persons who provide the food directly to needy individuals.
46.75(2) (2)Purpose; amount.
46.75(2)(a)(a) From the appropriation under s. 20.435 (5) (dn), the department shall award grants to agencies to operate food distribution programs that qualify for participation in the emergency food assistance program under P.L. 98-8, as amended.
46.75(2)(b) (b) The department may not award more than $20,000 to any agency for the program under this section.
46.75(3) (3)Criteria for awarding grants. In evaluating applications for grants, the department shall give priority to food distribution programs that do the following:
46.75(3)(a) (a) Serve areas that are not served or are underserved by food distribution services.
46.75(3)(b) (b) Operate a program that routinely provides prepared meals to homeless persons.
46.75(3)(c) (c) Provide information to individuals with low incomes concerning other services available to those individuals.
46.75(3)(e) (e) Use simple methods to determine eligibility.
46.75(3)(f) (f) Appear likely to continue operation after using the grant under this section.
46.76 46.76 Department duties relating to hunger prevention. The department shall do all of the following:
46.76(1) (1) Annually review existing public and private activities within the state relating to hunger prevention.
46.76(2) (2) Advise the department of public instruction and any other relevant state agency on the use of state and federal resources and on the provision and administration of programs for hunger prevention.
46.76(4) (4) Develop an annual plan that documents areas of hunger and populations experiencing hunger within this state and that recommends strategies and state and federal policy changes to address hunger in these areas and populations.
46.76(5) (5) Submit, by December 31 annually, the plan developed under sub. (4) to the governor, superintendent of public instruction and the appropriate standing committees under s. 13.172 (3).
46.76 History History: 1993 a. 168; 1995 a. 27 s. 9145 (1); 1997 a. 27; 1999 a. 9.
46.766 46.766 Food pantry grants.
46.766(2)(2) From the appropriation under s. 20.435 (3) (fp), the department shall provide grants to food pantries.
46.766(3) (3) Grants awarded under this section may be used for any of the following purposes:
46.766(3)(a) (a) The purchase, storage, transportation, coordination, or distribution of food to needy households.
46.766(3)(b) (b) The administration of emergency food distribution.
46.766(3)(c) (c) The purchase of capital equipment.
46.766(3)(d) (d) Programs designed to increase food availability to needy households or enhance food security.
46.766(3)(e) (e) Nutrition education and outreach.
46.766(3)(f) (f) Technical assistance related to food pantry management.
46.766 History History: 2001 a. 16.
46.77 46.77 Food distribution administration. From the appropriation under s. 20.435 (5) (dn), the department shall allocate funds to eligible recipient agencies, as defined in the emergency food assistance act, P.L. 98-8, section 201A, as amended, for the storage, transportation and distribution of commodities provided under the hunger prevention act of 1988, P.L. 100-435, as amended.
46.80 46.80 Aging.
46.80(1)(1) The department's primary responsibility to elderly persons is to assure that all elderly and disabled persons have available and accessible a continuum of care or a wide range of community and supportive services so that they may remain in their homes and neighborhoods for as long as it is possible. The department shall be the mechanism by which governmental and nongovernmental agencies may coordinate their policies, plans and activities with regard to the aging. To this end it shall:
46.80(1)(a) (a) Conduct a continuous review of the scope and degree of coordination of all state programs and activities on the aging and make recommendations to the appropriate agencies regarding the expansion, coordination, consolidation and reorganization of particular activities as a means of developing a more effective and efficient total program for the aging.
46.80(1)(b) (b) Examine the need for future activities, programs, services and facilities for the aging on the state, local and voluntary levels.
46.80(1)(c) (c) Encourage, promote and aid in the establishment of programs and services for the aging within subordinate units of government and nongovernmental groups, and assist organizations and committees in the development of programs in such manner as the division deems appropriate.
46.80(1)(d) (d) Gather and disseminate information about programs, services, activities and facilities for the aging.
46.80(1)(e) (e) Conduct a continuous program to stimulate public awareness and understanding of the needs and potentials of the aging.
46.80(1)(f) (f) Provide consultant service to assist in the development of local housing for the aged.
46.80(2) (2) The several state agencies shall cooperate with the department in making available to it such available data as will facilitate the work of the department. The department shall make available to the several state agencies such information as it secures which will facilitate the effective operation of their programs for the aging.
46.80(2m) (2m) The department:
46.80(2m)(a) (a) In accordance with the requirements of 42 USC 3025, 3026 and 3027, shall do all of the following:
46.80(2m)(a)1. 1. Divide the state into distinct planning and service areas and designate a public or private nonprofit agency or organization as the area agency on aging for each planning and service area.
46.80(2m)(a)2. 2. Develop formulas for distribution within the state of funds received under 42 USC 3001 to 3030. The department need not promulgate as rules under ch. 227 the formulas developed under this subdivision.
46.80(2m)(a)3. 3. Receive area plans prepared and developed by area agencies on aging designated under subd. 1.
46.80(2m)(a)4. 4. Contract with each area agency on aging that is designated under subd. 1. to do all of the following:
46.80(2m)(a)4.a. a. Distribute, according to the formulas developed by the department, state or federal funds to a county, to the elected governing body of a federally recognized American Indian tribe or band or to a private, nonprofit organization for the purposes that are established in an area plan that is specified in subd. 3.
46.80(2m)(a)4.b. b. Monitor programs of services for individuals who are at least 60 years of age that are provided under an area plan by a county or the elected governing body of a federally recognized American Indian tribe or band.
46.80(2m)(a)4.c. c. Provide technical assistance and training.
46.80(2m)(a)5. 5. Ensure that each area agency on aging meets the requirements that are specified for an area agency on aging under 42 USC 3025 and 3026.
46.80(2m)(a)6. 6. Establish and operate, either directly or by contract or other arrangement with a public agency or private, nonprofit organization, other than an agency or organization that licenses or certifies long-term care services or is an association of providers of long-term care services, a long-term care ombudsman program.
46.80(2m)(b) (b) May operate the foster grandparent project specified under 42 USC 5011 (a). If the department operates that project, the department shall distribute funds from the appropriation under s. 20.435 (7) (dh) to supplement any federal foster grandparent project funds received under 42 USC 5011 (a).
46.80(2m)(c) (c) May operate the older American community service employment program under 42 USC 3056.
46.80(3) (3) The department may accept, on behalf of the state, and use gifts and grants for the purposes of this section. It shall use, to the fullest extent legally possible, all available grants from federal, state and other public or private sources to fund community home care services or programs which offer alternatives to institutionalization and which provide comprehensive services at the community level. The state plan for the older Americans act shall detail objectives designed to accomplish this purpose.
46.80(4) (4) The secretary shall appoint such technical staff as is necessary to carry out the functions of this program.
46.80(5) (5)
46.80(5)(a)(a) From the appropriation under s. 20.435 (7) (dh), the department shall provide a state supplement to the federal congregate nutrition projects under 42 USC 3030e, in effect on April 30, 1980, which will promote expansion of projects throughout the state and, from the appropriation under s. 20.435 (7) (kn), the department shall provide a state supplement to the federal congregate nutrition projects of $450,000 for home-delivered meals and $50,000 for congregate meals. Except as provided in par. (b), the department shall allocate these funds based on the formulas developed by the department under sub. (2m) (a) 2. A county that receives federal funds for congregate nutrition projects on or after July 1, 1977, may not receive under this paragraph an amount that is less than the 1976-77 allocation as a result of the program expansion. This paragraph does not require that federal limitations on the use of federal congregate nutrition funds for home delivered meals apply to the state supplement.
46.80(5)(b) (b) The department may use up to 10% of the funds provided under par. (a) to reduce county losses, if any, as a result of changes in census data or revisions in the formula for distribution under sub. (2m) (a) 2.
46.81 46.81 Benefit specialist program.
46.81(1) (1) In this section:
46.81(1)(a) (a) "Aging unit" means an aging unit director and necessary personnel, directed by a county commission on aging and organized as one of the following:
46.81(1)(a)1. 1. An agency of county government with the primary purpose of administering programs of services for older individuals of the county.
46.81(1)(a)2. 2. A unit, within a county department under s. 46.215, 46.22 or 46.23, with the primary purpose of administering programs of services for older individuals of the county.
46.81(1)(a)3. 3. A private corporation that is organized under ch. 181 and that is a nonprofit corporation, as defined in s. 181.0103 (17).
46.81(1)(b) (b) "Area agency on aging" means the agency designated under 42 USC 3025 (a) (2) (A).
46.81(1)(c) (c) "Older individual" means an individual who is 60 years of age or older.
46.81(2) (2) From the appropriation account under s. 20.435 (7) (dh), the department shall allocate $2,298,400 in each fiscal year and from the appropriation account under s. 20.435 (7) (kz) the department shall allocate $600,000 in fiscal year 2006-07 to aging units to provide benefit specialist services for older individuals. The department shall ensure that each aging unit receives funds and shall take into account the proportion of the state's population of low-income older individuals who reside in a county.
Effective date note NOTE: Sub. (2) is amended eff. 7-1-07 by 2005 Wis. Act 25 to read:
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