AB130-SSA1,6,1512
16.385
(7) Individuals in state prisons. No payment under sub. (6) may be
13made to a prisoner who is imprisoned in a state prison under s. 302.01 or to a person
14placed at a secured correctional facility, as defined in s.
48.02 938.02 (15m)
, or a
15secured child caring institution, as defined in s. 938.02 (15g).
AB130-SSA1,7,1118
16.51
(7) Audit claims for expenses in connection with prisoners and
19children in secured correctional facilities. Receive, examine, determine and
20audit claims, duly certified and approved by the department of corrections, from the
21county clerk of any county in behalf of the county, which are presented for payment
22to reimburse the county for certain expenses incurred or paid by it in reference to all
23matters growing out of actions and proceedings involving prisoners in state prisons,
1as defined in s. 302.01, or children in secured correctional facilities, as defined in s.
248.02 938.02 (15m), including prisoners or children transferred to a mental health
3institute for observation or treatment, when the proceedings are commenced in
4counties in which the prisons or secured correctional facilities are located by a
5district attorney or by the prisoner or child as a postconviction remedy or a matter
6involving the prisoner's status as a prisoner or the child's status as a resident of a
7secured correctional facility and for certain expenses incurred or paid by it in
8reference to holding those children in secure custody while those actions or
9proceedings are pending. Expenses shall only include the amounts that were
10necessarily incurred and actually paid and shall be no more than the legitimate cost
11would be to any other county had the offense or crime occurred therein.
AB130-SSA1, s. 3
12Section
3. 17.10 (6) (b) 1. of the statutes is amended to read:
AB130-SSA1,7,1413
17.10
(6) (b) 1. Disposition staff and intake workers appointed
to provide
14services under
ch. chs. 48
and 938.
AB130-SSA1, s. 4
15Section
4. 19.35 (1) (am) 2. c. of the statutes is amended to read:
AB130-SSA1,7,2116
19.35
(1) (am) 2. c. Endanger the security of any state correctional institution,
17as defined in s. 301.01 (4), jail, as defined in s. 165.85 (2) (bg), secured correctional
18facility, as defined in s.
48.02 938.02 (15m),
secured child caring institution, as
19defined in s. 938.02 (15g), mental health institute, as defined in s. 51.01 (12), center
20for the developmentally disabled, as defined in s. 51.01 (3), or the population or staff
21of any of these institutions, facilities or jails.
AB130-SSA1,8,1124
20.410
(3) (cd)
Community youth and family aids. The amounts in the schedule
25for the improvement and provision of juvenile delinquency-related services under
1s. 301.26 and for reimbursement to counties having a population of less than 500,000
2for the cost of court attached intake services as provided in s.
48.06 938.06 (4).
3Disbursements may be made from this appropriation under s. 301.085. Refunds
4received relating to payments made under s. 301.085 shall be returned to this
5appropriation. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of
6corrections may transfer moneys under this paragraph between fiscal years. Except
7for moneys authorized for transfer under s. 301.26 (3), all moneys from this
8paragraph allocated under s. 301.26 (3) and not spent or encumbered by counties by
9December 31 of each year shall lapse into the general fund on the succeeding January
101. The joint committee on finance may transfer additional moneys to the next
11calendar year.
AB130-SSA1,8,2014
20.410
(3) (cg)
Serious juvenile offenders. The amounts in the schedule for
15juvenile correctional institution, corrective sanctions, alternate care, aftercare and
16other juvenile program services specified in s.
48.538
938.538 (3) provided for the
17persons specified in s. 301.26 (4) (cm), for juvenile correctional institution services
18for persons placed in juvenile correctional institutions under s. 973.013 (3m) and for
19juvenile correctional services for persons under 18 years of age placed with the
20department under s. 48.366 (8).
AB130-SSA1,9,1123
20.410
(3) (ho)
Juvenile residential aftercare. The amounts in the schedule for
24providing foster care, treatment foster care, group home care and institutional child
25care to delinquent children under ss.
48.553 (3) and (8), 48.557 and 49.19 (10) (d)
,
1938.48 (4) and (14) and 938.52. All moneys transferred under s. 301.26 (4) (cm) and
2all moneys received in payment for providing foster care, treatment foster care,
3group home care and institutional child care to delinquent children under ss.
48.553
4(3) and (8), 48.557 and 49.19 (10) (d)
, 938.48 (4) and (14) and 938.52 as specified in
5s. 301.26 (4) (e) shall be credited to this appropriation. If moneys generated by the
6monthly rate exceed actual fiscal year foster care, treatment foster care, group home
7care and institutional child care costs by 2% or more, all moneys in excess of 2% shall
8be remitted to the counties during the subsequent calendar year. Each county shall
9receive a proportionate share of the remittance depending on the total number of
10days of placement in foster care, treatment foster care, group home care or
11institutional child care.
AB130-SSA1,9,1914
20.410
(3) (o)
Federal aid; foster care and treatment foster care. All federal
15moneys received for meeting the costs of providing foster care, treatment foster care
16and institutional child care to delinquent children under ss.
48.533 (3) and (8) and
1748.557 938.48 (4) and (14) and 938.52, and for the cost of care for children under s.
1849.19 (10) (d). All moneys received under this paragraph shall be deposited in the
19general fund as a nonappropriated receipt.
AB130-SSA1,9,2522
20.435
(7) (b)
Community aids. The amounts in the schedule for human
23services under s. 46.40, for reimbursement to counties having a population of less
24than 500,000 for the cost of court attached intake services under s. 48.06 (4), for
25shelter care under ss.
48.22 and 48.58
and 938.22 and for foster care and treatment
1foster care under s. 49.19 (10). Social services disbursements under s. 46.03 (20) (b)
2may be made from this appropriation. Refunds received relating to payments made
3under s. 46.03 (20) (b) for the provision of services for which moneys are appropriated
4under this paragraph shall be returned to this appropriation. Notwithstanding ss.
520.001 (3) (a) and 20.002 (1), the department of health and social services may
6transfer funds between fiscal years under this paragraph. The department shall
7deposit into this appropriation funds it recovers under ss. 46.495 (2) (b) and 51.423
8(15) from prior year audit adjustments including those resulting from audits of
9services under s. 46.26, 1993 stats., or s. 46.27. Except for amounts authorized to be
10carried forward under s. 46.45, all funds recovered under ss. 46.495 (2) (b) and 51.423
11(15) and all funds allocated under s. 46.40 and not spent or encumbered by December
1231 of each year shall lapse to the general fund on the succeeding January 1 unless
13carried forward to the next calendar year by the joint committee on finance.
AB130-SSA1,10,2015
38.24
(1s) Additional fees. A district board may establish and charge a fee in
16addition to the fees under sub. (1m) for a court-approved alcohol or other drug abuse
17education program offered to individuals under s. 48.245 (2) (a) 4.,
48.32 (1g) (b), 1848.34 (4s) (b) 3. or (13) (b), 48.343 (10) (c) or 48.344 (2g) (a) 3 48.345 (13) (b), 938.245
19(2) (a) 4., 938.32 (1g) (b), 938.34 (6r) (b) or (14s) (b) 3., 938.343 (10) (c) or 938.344 (2g)
20(a).
AB130-SSA1,11,523
46.03
(7) (a) Promote the enforcement of laws for the protection of
24developmentally disabled children, children in need of protection or services and
25nonmarital children; and to this end cooperate with courts assigned to exercise
1jurisdiction under
ch. chs. 48
and 938 and licensed child welfare agencies and
2institutions (public and private) and take the initiative in all matters involving the
3interests of such children where adequate provision therefor has not already been
4made, including the establishment and enforcement of standards for services
5provided under s. 48.345.
AB130-SSA1,11,148
46.041
(1) (a) Provide for the temporary residence and evaluation of children
9referred from courts assigned to exercise jurisdiction under
ch. chs. 48
and 938, the
10institutions and services under the jurisdiction of the department, University of
11Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215,
1246.22 or 46.23, private child welfare agencies, schools for the deaf and visually
13handicapped, and mental health facilities within the state at the discretion of the
14superintendent.
AB130-SSA1,12,2
1746.043 Secured adolescent treatment unit. The department shall provide
18a secured adolescent treatment unit at the Mendota Mental Health Institute. The
19department may designate not more than 43 beds at the secured adolescent
20treatment unit as secured correctional facility, as defined in s.
48.02 938.02 (15m),
21beds. From the appropriation under s. 20.410 (3) (hm), the department of corrections
22may expend not more than $2,500,000 in fiscal year 1996-97 for services for children
23placed in that secured adolescent treatment unit. The department of health and
24social services may charge the department of corrections not more than the actual
1cost of providing services for children under the supervision of the department of
2corrections who are provided services at the secured adolescent treatment unit.
AB130-SSA1,12,84
46.10
(1) Liability and the collection and enforcement of such liability for the
5care, maintenance, services and supplies specified in this section is governed
6exclusively by this section, except in cases of child support ordered by a court under
7s. 48.355 (2) (b) 4., 48.357 (5m)
or, 48.363 (2)
, 938.183 (2), 938.355 (2) (b) 4., 938.357
8(5m) or 938.363 (2) or ch. 767.
AB130-SSA1,13,1411
46.10
(2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
12including but not limited to a person admitted, committed or placed under s. 975.01,
131977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss.
48.34 (4h) or
14(4m), 48.357 (4) and (5) (e), 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5),
1551.45 (10), (11), (12) and (13), 55.05, 55.06,
938.183 (2), 938.34 (4h) or (4m), 938.357
16(4) and (5) (e), 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care,
17maintenance, services and supplies provided by any institution in this state
18including University of Wisconsin Hospitals and Clinics, in which the state is
19chargeable with all or part of the person's care, maintenance, services and supplies,
20any person receiving care and services from a county department established under
21s. 51.42 or 51.437 or from a facility established under s. 49.73, and any person
22receiving treatment and services from a public or private agency under s. 971.17 (3)
23(d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate,
24including the homestead, and the spouse of the person, and the spouse's property and
25estate, including the homestead, and, in the case of a minor child, the parents of the
1person, and their property and estates, including their homestead, and, in the case
2of a foreign child described in s. 48.839 (1) who became dependent on public funds
3for his or her primary support before an order granting his or her adoption, the
4resident of this state appointed guardian of the child by a foreign court who brought
5the child into this state for the purpose of adoption, and his or her property and
6estate, including his or her homestead, shall be liable for the cost of the care,
7maintenance, services and supplies in accordance with the fee schedule established
8by the department under s. 46.03 (18). If a spouse, widow or minor, or an
9incapacitated person may be lawfully dependent upon the property for their support,
10the court shall release all or such part of the property and estate from the charges
11that may be necessary to provide for those persons. The department shall make
12every reasonable effort to notify the liable persons as soon as possible after the
13beginning of the maintenance, but the notice or the receipt thereof is not a condition
14of liability.
AB130-SSA1,13,2416
46.10
(14) (b) Except as provided in par. (c) and subject to par. (cm), liability
17of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the
18parent's minor child who has been placed by a court order under s. 48.355
or, 48.357
,
19938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility such as a group
20home, foster home, treatment foster home, child caring institution or juvenile
21correctional institution shall be determined by the court by using the percentage
22standard established by the department under s. 46.25 (9) (a) and by applying the
23percentage standard in the manner established by the department under s. 46.25 (9)
24(b).
AB130-SSA1,14,103
46.10
(14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m)
or, 48.363
4(2)
, 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) for support determined
5under this subsection constitutes an assignment of all commissions, earnings,
6salaries, wages, pension benefits, benefits under ch. 102 or 108 and other money due
7or to be due in the future to the county department under s. 46.215, 46.22 or 46.23
8in the county where the order was entered or to the department, depending upon the
9placement of the child as specified by rules promulgated under subd. 5. The
10assignment shall be for an amount sufficient to ensure payment under the order.
AB130-SSA1,14,1813
46.206
(1) (b) All records of the department and all county records relating to
14social services shall be open to inspection at all reasonable hours by authorized
15representatives of the federal government. Notwithstanding
s. ss. 48.396 (2)
and
16938.396 (2), all county records relating to the administration of such services and
17public assistance shall be open to inspection at all reasonable hours by authorized
18representatives of the department.
AB130-SSA1,15,420
46.21
(2) (a) Shall adopt policies for the management, operation, maintenance
21and improvement of the county hospital; the detention center; the probation section
22of the children's court center; the provision and maintenance of the physical facilities
23for the children's court and its intake section under the supervision and operation
24of the judges assigned to exercise jurisdiction under
ch. chs. 48
and 938 and as
25provided in
s. ss. 48.06 (1)
and 938.06 (1); the mental health complex; the county
1department of human services; the central service departments; and all buildings
2and land used in connection with any institution under this section. The powers and
3duties of the county board of supervisors are policy forming only, and not
4administrative or executive.
AB130-SSA1,15,96
46.215
(1) (h) To administer child welfare services under ss. 48.56 and 48.57
7and juvenile welfare services under s. 938.57, to accept custody and guardianship of
8children upon the order of a competent court and to place children for adoption and
9to make recommendations relating to the adoption of children under s. 48.85.
AB130-SSA1, s. 21
10Section
21. 46.22 (1) (c) 1. b. of the statutes is amended to read:
AB130-SSA1,15,1411
46.22
(1) (c) 1. b. 'State institutions'. Mendota mental health institute,
12Winnebago mental health institute, university of Wisconsin hospital and clinics,
13centers for the developmentally disabled and
Type 1 secured correctional facilities,
14as defined in s. 48.02
(15m) (19).
AB130-SSA1, s. 22
15Section
22. 46.22 (1) (c) 1. b. of the statutes, as affected by 1995 Wisconsin Acts
1627 and .... (this act), is repealed and recreated to read:
AB130-SSA1,15,1917
46.22
(1) (c) 1. b. 'State institutions'. Mendota mental health institute,
18Winnebago mental health institute, centers for the developmentally disabled and
19Type 1 secured correctional facilities, as defined in s. 938.02 (19).
AB130-SSA1,15,2322
46.22
(1) (c) 1. c. 'Other institution'. University of Wisconsin Hospitals and
23Clinics
and secured child caring institutions, as defined in s. 938.02 (15g).
AB130-SSA1,16,3
146.22
(1) (c) 5. Perform the duties and functions prescribed in
s. ss. 48.08
and
2938.08 when requested to do so by the judge assigned to exercise jurisdiction under
3ch. chs. 48
and 938.
AB130-SSA1, s. 25
4Section
25. 46.22 (1) (c) 8. c. of the statutes is amended to read:
AB130-SSA1,16,95
46.22
(1) (c) 8. c. Upon the request of the judge assigned to exercise jurisdiction
6under
ch. chs. 48
and 938, the county department of social services shall investigate
7the home environment and other factors in the life of any child brought to the
8attention of the court for alleged dependency, neglect, or delinquency, and to assume
9guidance and supervision of any child placed on probation by that court.
AB130-SSA1, s. 26
10Section
26. 46.22 (1) (c) 8. e. of the statutes is amended to read:
AB130-SSA1,16,1211
46.22
(1) (c) 8. e. The county department of social services shall have the powers
12and duties specified in
s. ss. 48.57
and 938.57.
AB130-SSA1,16,2014
46.25
(9) (b) For purposes of determining child support under s. 46.10 (14) (b),
15the department shall promulgate separate rules related to the application of the
16standard under par. (a) to a child support obligation for the care and maintenance
17of a child who is placed by a court order under s. 48.355
or, 48.357
, 938.183 (2),
18938.355 or 938.357 in a residential, nonmedical facility. The rules shall take into
19account the needs of any person, including dependent children other than the child,
20whom either parent is legally obligated to support.
AB130-SSA1,17,623
46.26
(4) (d) 3. Beginning January 1, 1996, and ending June 30, 1996, the per
24person daily cost assessment to counties shall be $120.73 for care in a
juvenile
25correctional institution Type 1 secured correctional facility, as defined in s. 48.02
1(19), $120.73 for care for children transferred from a juvenile correctional institution
2under s. 51.35 (3), the dollar amount set by the department of corrections by rule for
3maintaining a prisoner in an adult correctional institution, $153.87 for care in a child
4caring institution, $106.69 for care in a group home for children, $23.80 for care in
5a foster home, $68.58 for care in a treatment foster home, $86.51 for departmental
6corrective sanctions services and $12.20 for departmental aftercare services.
AB130-SSA1, s. 29
7Section
29. 46.26 (4) (d) 3. of the statutes, as affected by 1995 Wisconsin Acts
827 and .... (this act), is repealed.
AB130-SSA1,17,1510
46.275
(4) (b) 1. Consent for participation is given either by the person's parent,
11guardian or legal custodian, if the person is under age 18, or by the person or the
12person's guardian, if the person is age 18 or over, except that this subdivision does
13not limit the authority of the circuit court to enter, change, revise or extend a
14dispositional order under subch. VI of ch. 48
or subch. VI of ch. 938 or to order a
15placement under s. 55.06.
AB130-SSA1, s. 31
16Section
31. 46.28 (1) (am) 1. of the statutes is amended to read:
AB130-SSA1,17,1817
46.28
(1) (am) 1. A child adjudged delinquent for whom a case disposition is
18made under s.
48.34 938.34.
AB130-SSA1, s. 32
19Section
32. 46.28 (1) (am) 2. of the statutes is amended to read:
AB130-SSA1,17,2120
46.28
(1) (am) 2. A child found in need of protection or services for whom an
21order is made under s. 48.345
or 938.345.
AB130-SSA1,17,2423
46.56
(3) (a) 5. The juvenile court administrator or another representative
24appointed by the judge responsible for cases heard under
ch. chs. 48
and 938.
AB130-SSA1,18,6
146.56
(8) (a) Referrals to the program may come from any county departments,
2agencies, school districts, cooperative educational service agencies, county
3handicapped children's education boards, technical college districts, courts assigned
4to exercise jurisdiction under
ch. chs. 48
and 938 or any other organization or the
5child with severe disabilities or his or her family may contact the administering
6agency or service coordination agency to request services.
AB130-SSA1,18,158
46.56
(8) (g) The service coordinator shall assemble the results of all prior
9relevant assessments and evaluations documenting the service needs of the child
10with severe disabilities and the child's family, including multidisciplinary team
11evaluations under s. 115.80 (3) or independent educational evaluations,
12court-ordered evaluations under s. 48.295
or 938.295, family support program
13evaluations, community integration program or community options program
14assessments, and any other available medical, psychiatric, psychological, vocational
15or developmental evaluations.
AB130-SSA1,18,2117
46.56
(8) (h) 5. Identification of any administrative or judicial procedures
18under ch. 48, 51, 55, 115
or, 118
or 938 that may be necessary in order to fully
19implement the integrated service plan and the identity of the individual or
20organization that will be responsible for initiating those procedures, if any are
21required.
AB130-SSA1,19,223
46.56
(8) (j) The proposed integrated service plan shall be submitted to any
24service providers who would be included in the integrated service plan and the court
1assigned to exercise jurisdiction under
ch.
chs. 48
and 938 if participation in the
2program has been court ordered under s.
48.34 48.345 (6m) or 938.34 (6m).
AB130-SSA1,19,94
46.56
(8) (k) Upon written approval of the integrated service plan by the
5proposed service providers and the child's family, unless the child's involvement in
6the program is through court order under s. 48.355
or 938.355, in which case
7approval of the court may be substituted for that of the family, the integrated service
8plan shall be implemented by the service coordination agency and the service
9providers designated to provide services under the integrated service plan.
AB130-SSA1,19,2412
46.56
(14) (a) (intro.) In order to support the development of a comprehensive
13system of coordinated care for children with severe disabilities and their families, the
14department shall establish a statewide advisory committee with representatives of
15county departments, the department of public instruction, educational agencies,
16professionals experienced in the provision of services to children with severe
17disabilities, families with children with severe disabilities, advocates for such
18families and their children, the subunit of the department of industry, labor and
19human relations that administers vocational rehabilitation, the technical college
20system, health care providers, courts assigned to exercise jurisdiction under
ch. chs. 2148
and 938, child welfare officials, and other appropriate persons as selected by the
22department. The department may use an existing committee for this purpose if it
23has representatives from the listed groups and is willing to perform the required
24functions. This committee shall do all of the following:
AB130-SSA1,20,85
48.02
(1) "Adult" means a person who is 18 years of age or older, except that
6for purposes of prosecuting a person who is alleged to have violated any state or
7federal criminal law
or any civil law or municipal ordinance, "adult" means a person
8who has attained 17 years of age.
AB130-SSA1,20,1411
48.02
(2) "Child" means a person who is less than 18 years of age, except that
12for purposes of prosecuting a person who is alleged to have violated a state or federal
13criminal law
or any civil law or municipal ordinance, "child" does not include a person
14who has attained 17 years of age.
AB130-SSA1,20,1716
48.02
(2m) "Court", when used without further qualification, means the court
17assigned to exercise jurisdiction under this chapter
and ch. 938.
AB130-SSA1,20,2322
48.02
(10) "Judge", if used without further qualification, means the judge of the
23court assigned to exercise jurisdiction under this chapter
and ch. 938.