AB130-SSA1,6,1714
16.385
(7) Individuals in state prisons. No payment under sub. (6) may be
15made to a prisoner who is imprisoned in a state prison under s. 302.01 or to a person
16placed at a secured correctional facility, as defined in s.
48.02 938.02 (15m)
, or a
17secured child caring institution, as defined in s. 938.02 (15g).
AB130-SSA1,7,193
16.51
(7) Audit claims for expenses in connection with prisoners and
4children in secured correctional facilities. Receive, examine, determine and
5audit claims, duly certified and approved by the department of corrections, from the
6county clerk of any county in behalf of the county, which are presented for payment
7to reimburse the county for certain expenses incurred or paid by it in reference to all
8matters growing out of actions and proceedings involving prisoners in state prisons,
9as defined in s. 302.01, or children in secured correctional facilities, as defined in s.
1048.02 938.02 (15m), including prisoners or children transferred to a mental health
11institute for observation or treatment, when the proceedings are commenced in
12counties in which the prisons or secured correctional facilities are located by a
13district attorney or by the prisoner or child as a postconviction remedy or a matter
14involving the prisoner's status as a prisoner or the child's status as a resident of a
15secured correctional facility and for certain expenses incurred or paid by it in
16reference to holding those children in secure custody while those actions or
17proceedings are pending. Expenses shall only include the amounts that were
18necessarily incurred and actually paid and shall be no more than the legitimate cost
19would be to any other county had the offense or crime occurred therein.
AB130-SSA1, s. 3
20Section
3. 17.10 (6) (b) 1. of the statutes is amended to read:
AB130-SSA1,7,2221
17.10
(6) (b) 1. Disposition staff and intake workers appointed
to provide
22services under
ch. chs. 48
and 938.
AB130-SSA1, s. 4
23Section
4. 19.35 (1) (am) 2. c. of the statutes is amended to read:
AB130-SSA1,8,424
19.35
(1) (am) 2. c. Endanger the security of any state correctional institution,
25as defined in s. 301.01 (4), jail, as defined in s. 165.85 (2) (bg), secured correctional
1facility, as defined in s.
48.02 938.02 (15m),
secured child caring institution, as
2defined in s. 938.02 (15g), mental health institute, as defined in s. 51.01 (12), center
3for the developmentally disabled, as defined in s. 51.01 (3), or the population or staff
4of any of these institutions, facilities or jails.
AB130-SSA1,8,197
20.410
(3) (cd)
Community youth and family aids. The amounts in the schedule
8for the improvement and provision of juvenile delinquency-related services under
9s. 301.26 and for reimbursement to counties having a population of less than 500,000
10for the cost of court attached intake services as provided in s.
48.06 938.06 (4).
11Disbursements may be made from this appropriation under s. 301.085. Refunds
12received relating to payments made under s. 301.085 shall be returned to this
13appropriation. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of
14corrections may transfer moneys under this paragraph between fiscal years. Except
15for moneys authorized for transfer under s. 301.26 (3), all moneys from this
16paragraph allocated under s. 301.26 (3) and not spent or encumbered by counties by
17December 31 of each year shall lapse into the general fund on the succeeding January
181. The joint committee on finance may transfer additional moneys to the next
19calendar year.
AB130-SSA1,9,322
20.410
(3) (cg)
Serious juvenile offenders. The amounts in the schedule for
23juvenile correctional institution, corrective sanctions, alternate care, aftercare and
24other juvenile program services specified in s.
48.538
938.538 (3) provided for the
25persons specified in s. 301.26 (4) (cm), for juvenile correctional institution services
1for persons placed in juvenile correctional institutions under s. 973.013 (3m) and for
2juvenile correctional services for persons under 18 years of age placed with the
3department under s. 48.366 (8).
AB130-SSA1,9,196
20.410
(3) (ho)
Juvenile residential aftercare. The amounts in the schedule for
7providing foster care, treatment foster care, group home care and institutional child
8care to delinquent children under ss.
48.553 (3) and (8), 48.557 and 49.19 (10) (d)
,
9938.48 (4) and (14) and 938.52. All moneys transferred under s. 301.26 (4) (cm) and
10all moneys received in payment for providing foster care, treatment foster care,
11group home care and institutional child care to delinquent children under ss.
48.553
12(3) and (8), 48.557 and 49.19 (10) (d)
, 938.48 (4) and (14) and 938.52 as specified in
13s. 301.26 (4) (e) shall be credited to this appropriation. If moneys generated by the
14monthly rate exceed actual fiscal year foster care, treatment foster care, group home
15care and institutional child care costs by 2% or more, all moneys in excess of 2% shall
16be remitted to the counties during the subsequent calendar year. Each county shall
17receive a proportionate share of the remittance depending on the total number of
18days of placement in foster care, treatment foster care, group home care or
19institutional child care.
AB130-SSA1,9,2522
20.410
(3) (o)
Federal aid; foster care and treatment foster care. All federal
23moneys received for meeting the costs of providing foster care, treatment foster care
24and institutional child care to delinquent children under ss.
48.533 (3) and (8) and
2548.557 938.48 (4) and (14) and 938.52, and for the cost of care for children under s.
149.19 (10) (d). All moneys received under this paragraph shall be deposited in the
2general fund as a nonappropriated receipt.
AB130-SSA1,10,215
20.435
(7) (b)
Community aids. The amounts in the schedule for human
6services under s. 46.40, for reimbursement to counties having a population of less
7than 500,000 for the cost of court attached intake services under s. 48.06 (4), for
8shelter care under ss.
48.22 and 48.58
and 938.22 and for foster care and treatment
9foster care under s. 49.19 (10). Social services disbursements under s. 46.03 (20) (b)
10may be made from this appropriation. Refunds received relating to payments made
11under s. 46.03 (20) (b) for the provision of services for which moneys are appropriated
12under this paragraph shall be returned to this appropriation. Notwithstanding ss.
1320.001 (3) (a) and 20.002 (1), the department of health and social services may
14transfer funds between fiscal years under this paragraph. The department shall
15deposit into this appropriation funds it recovers under ss. 46.495 (2) (b) and 51.423
16(15) from prior year audit adjustments including those resulting from audits of
17services under s. 46.26, 1993 stats., or s. 46.27. Except for amounts authorized to be
18carried forward under s. 46.45, all funds recovered under ss. 46.495 (2) (b) and 51.423
19(15) and all funds allocated under s. 46.40 and not spent or encumbered by December
2031 of each year shall lapse to the general fund on the succeeding January 1 unless
21carried forward to the next calendar year by the joint committee on finance.
AB130-SSA1,11,323
38.24
(1s) Additional fees. A district board may establish and charge a fee in
24addition to the fees under sub. (1m) for a court-approved alcohol or other drug abuse
25education program offered to individuals under s. 48.245 (2) (a) 4.,
48.32 (1g) (b),
148.34 (4s) (b) 3. or (13) (b), 48.343 (10) (c) or 48.344 (2g) (a) 3 48.345 (13) (b), 938.245
2(2) (a) 4., 938.32 (1g) (b), 938.34 (6r) (b) or (14s) (b) 3., 938.343 (10) (c) or 938.344 (2g)
3(a).
AB130-SSA1,11,136
46.03
(7) (a) Promote the enforcement of laws for the protection of
7developmentally disabled children, children in need of protection or services and
8nonmarital children; and to this end cooperate with courts assigned to exercise
9jurisdiction under
ch. chs. 48
and 938 and licensed child welfare agencies and
10institutions (public and private) and take the initiative in all matters involving the
11interests of such children where adequate provision therefor has not already been
12made, including the establishment and enforcement of standards for services
13provided under s. 48.345.
AB130-SSA1,11,2216
46.041
(1) (a) Provide for the temporary residence and evaluation of children
17referred from courts assigned to exercise jurisdiction under
ch. chs. 48
and 938, the
18institutions and services under the jurisdiction of the department, University of
19Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215,
2046.22 or 46.23, private child welfare agencies, schools for the deaf and visually
21handicapped, and mental health facilities within the state at the discretion of the
22superintendent.
AB130-SSA1,12,10
146.043 Secured adolescent treatment unit. The department shall provide
2a secured adolescent treatment unit at the Mendota Mental Health Institute. The
3department may designate not more than 43 beds at the secured adolescent
4treatment unit as secured correctional facility, as defined in s.
48.02 938.02 (15m),
5beds. From the appropriation under s. 20.410 (3) (hm), the department of corrections
6may expend not more than $2,500,000 in fiscal year 1996-97 for services for children
7placed in that secured adolescent treatment unit. The department of health and
8social services may charge the department of corrections not more than the actual
9cost of providing services for children under the supervision of the department of
10corrections who are provided services at the secured adolescent treatment unit.
AB130-SSA1,12,1612
46.10
(1) Liability and the collection and enforcement of such liability for the
13care, maintenance, services and supplies specified in this section is governed
14exclusively by this section, except in cases of child support ordered by a court under
15s. 48.355 (2) (b) 4., 48.357 (5m)
or, 48.363 (2)
, 938.183 (2), 938.355 (2) (b) 4., 938.357
16(5m) or 938.363 (2) or ch. 767.
AB130-SSA1,13,2219
46.10
(2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
20including but not limited to a person admitted, committed or placed under s. 975.01,
211977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss.
48.34 (4h) or
22(4m), 48.357 (4) and (5) (e), 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5),
2351.45 (10), (11), (12) and (13), 55.05, 55.06,
938.183 (2), 938.34 (4h) or (4m), 938.357
24(4) and (5) (e), 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care,
25maintenance, services and supplies provided by any institution in this state
1including University of Wisconsin Hospitals and Clinics, in which the state is
2chargeable with all or part of the person's care, maintenance, services and supplies,
3any person receiving care and services from a county department established under
4s. 51.42 or 51.437 or from a facility established under s. 49.73, and any person
5receiving treatment and services from a public or private agency under s. 971.17 (3)
6(d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate,
7including the homestead, and the spouse of the person, and the spouse's property and
8estate, including the homestead, and, in the case of a minor child, the parents of the
9person, and their property and estates, including their homestead, and, in the case
10of a foreign child described in s. 48.839 (1) who became dependent on public funds
11for his or her primary support before an order granting his or her adoption, the
12resident of this state appointed guardian of the child by a foreign court who brought
13the child into this state for the purpose of adoption, and his or her property and
14estate, including his or her homestead, shall be liable for the cost of the care,
15maintenance, services and supplies in accordance with the fee schedule established
16by the department under s. 46.03 (18). If a spouse, widow or minor, or an
17incapacitated person may be lawfully dependent upon the property for their support,
18the court shall release all or such part of the property and estate from the charges
19that may be necessary to provide for those persons. The department shall make
20every reasonable effort to notify the liable persons as soon as possible after the
21beginning of the maintenance, but the notice or the receipt thereof is not a condition
22of liability.
AB130-SSA1,14,724
46.10
(14) (b) Except as provided in par. (c) and subject to par. (cm), liability
25of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the
1parent's minor child who has been placed by a court order under s. 48.355
or, 48.357
,
2938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility such as a group
3home, foster home, treatment foster home, child caring institution or juvenile
4correctional institution shall be determined by the court by using the percentage
5standard established by the department under s. 46.25 (9) (a) and by applying the
6percentage standard in the manner established by the department under s. 46.25 (9)
7(b).
AB130-SSA1,14,1710
46.10
(14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m)
or, 48.363
11(2)
, 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) for support determined
12under this subsection constitutes an assignment of all commissions, earnings,
13salaries, wages, pension benefits, benefits under ch. 102 or 108 and other money due
14or to be due in the future to the county department under s. 46.215, 46.22 or 46.23
15in the county where the order was entered or to the department, depending upon the
16placement of the child as specified by rules promulgated under subd. 5. The
17assignment shall be for an amount sufficient to ensure payment under the order.
AB130-SSA1,14,2520
46.206
(1) (b) All records of the department and all county records relating to
21social services shall be open to inspection at all reasonable hours by authorized
22representatives of the federal government. Notwithstanding
s. ss. 48.396 (2)
and
23938.396 (2), all county records relating to the administration of such services and
24public assistance shall be open to inspection at all reasonable hours by authorized
25representatives of the department.
AB130-SSA1,15,112
46.21
(2) (a) Shall adopt policies for the management, operation, maintenance
3and improvement of the county hospital; the detention center; the probation section
4of the children's court center; the provision and maintenance of the physical facilities
5for the children's court and its intake section under the supervision and operation
6of the judges assigned to exercise jurisdiction under
ch. chs. 48
and 938 and as
7provided in
s. ss. 48.06 (1)
and 938.06 (1); the mental health complex; the county
8department of human services; the central service departments; and all buildings
9and land used in connection with any institution under this section. The powers and
10duties of the county board of supervisors are policy forming only, and not
11administrative or executive.
AB130-SSA1,15,1613
46.215
(1) (h) To administer child welfare services under ss. 48.56 and 48.57
14and juvenile welfare services under s. 938.57, to accept custody and guardianship of
15children upon the order of a competent court and to place children for adoption and
16to make recommendations relating to the adoption of children under s. 48.85.
AB130-SSA1, s. 21
17Section
21. 46.22 (1) (c) 1. b. of the statutes is amended to read:
AB130-SSA1,15,2118
46.22
(1) (c) 1. b. 'State institutions'. Mendota mental health institute,
19Winnebago mental health institute, university of Wisconsin hospital and clinics,
20centers for the developmentally disabled and
Type 1 secured correctional facilities,
21as defined in s. 48.02
(15m) (19).
AB130-SSA1, s. 22
22Section
22. 46.22 (1) (c) 1. b. of the statutes, as affected by 1995 Wisconsin Acts
2327 and .... (this act), is repealed and recreated to read:
AB130-SSA1,16,3
146.22
(1) (c) 1. b. 'State institutions'. Mendota mental health institute,
2Winnebago mental health institute, centers for the developmentally disabled and
3Type 1 secured correctional facilities, as defined in s. 938.02 (19).
AB130-SSA1,16,76
46.22
(1) (c) 1. c. 'Other institution'. University of Wisconsin Hospitals and
7Clinics
and secured child caring institutions, as defined in s. 938.02 (15g).
AB130-SSA1,16,119
46.22
(1) (c) 5. Perform the duties and functions prescribed in
s. ss. 48.08
and
10938.08 when requested to do so by the judge assigned to exercise jurisdiction under
11ch. chs. 48
and 938.
AB130-SSA1, s. 25
12Section
25. 46.22 (1) (c) 8. c. of the statutes is amended to read:
AB130-SSA1,16,1713
46.22
(1) (c) 8. c. Upon the request of the judge assigned to exercise jurisdiction
14under
ch. chs. 48
and 938, the county department of social services shall investigate
15the home environment and other factors in the life of any child brought to the
16attention of the court for alleged dependency, neglect, or delinquency, and to assume
17guidance and supervision of any child placed on probation by that court.
AB130-SSA1, s. 26
18Section
26. 46.22 (1) (c) 8. e. of the statutes is amended to read:
AB130-SSA1,16,2019
46.22
(1) (c) 8. e. The county department of social services shall have the powers
20and duties specified in
s. ss. 48.57
and 938.57.
AB130-SSA1,17,322
46.25
(9) (b) For purposes of determining child support under s. 46.10 (14) (b),
23the department shall promulgate separate rules related to the application of the
24standard under par. (a) to a child support obligation for the care and maintenance
25of a child who is placed by a court order under s. 48.355
or, 48.357
, 938.183 (2),
1938.355 or 938.357 in a residential, nonmedical facility. The rules shall take into
2account the needs of any person, including dependent children other than the child,
3whom either parent is legally obligated to support.
AB130-SSA1,17,146
46.26
(4) (d) 3. Beginning January 1, 1996, and ending June 30, 1996, the per
7person daily cost assessment to counties shall be $120.73 for care in a
juvenile
8correctional institution Type 1 secured correctional facility, as defined in s. 48.02
9(19), $120.73 for care for children transferred from a juvenile correctional institution
10under s. 51.35 (3), the dollar amount set by the department of corrections by rule for
11maintaining a prisoner in an adult correctional institution, $153.87 for care in a child
12caring institution, $106.69 for care in a group home for children, $23.80 for care in
13a foster home, $68.58 for care in a treatment foster home, $86.51 for departmental
14corrective sanctions services and $12.20 for departmental aftercare services.
AB130-SSA1, s. 29
15Section
29. 46.26 (4) (d) 3. of the statutes, as affected by 1995 Wisconsin Acts
1627 and .... (this act), is repealed.
AB130-SSA1, s. 30
17Section
30. 46.275 (4) (b) 1. of the statutes is amended to read:
AB130-SSA1,17,2318
46.275
(4) (b) 1. Consent for participation is given either by the person's parent,
19guardian or legal custodian, if the person is under age 18, or by the person or the
20person's guardian, if the person is age 18 or over, except that this subdivision does
21not limit the authority of the circuit court to enter, change, revise or extend a
22dispositional order under subch. VI of ch. 48
or subch. VI of ch. 938 or to order a
23placement under s. 55.06.
AB130-SSA1, s. 31
24Section
31. 46.28 (1) (am) 1. of the statutes is amended to read:
AB130-SSA1,18,2
146.28
(1) (am) 1. A child adjudged delinquent for whom a case disposition is
2made under s.
48.34 938.34.
AB130-SSA1,18,54
46.28
(1) (am) 2. A child found in need of protection or services for whom an
5order is made under s. 48.345
or 938.345.
AB130-SSA1,18,87
46.56
(3) (a) 5. The juvenile court administrator or another representative
8appointed by the judge responsible for cases heard under
ch. chs. 48
and 938.
AB130-SSA1,18,1510
46.56
(8) (a) Referrals to the program may come from any county departments,
11agencies, school districts, cooperative educational service agencies, county
12handicapped children's education boards, technical college districts, courts assigned
13to exercise jurisdiction under
ch. chs. 48
and 938 or any other organization or the
14child with severe disabilities or his or her family may contact the administering
15agency or service coordination agency to request services.
AB130-SSA1,18,2417
46.56
(8) (g) The service coordinator shall assemble the results of all prior
18relevant assessments and evaluations documenting the service needs of the child
19with severe disabilities and the child's family, including multidisciplinary team
20evaluations under s. 115.80 (3) or independent educational evaluations,
21court-ordered evaluations under s. 48.295
or 938.295, family support program
22evaluations, community integration program or community options program
23assessments, and any other available medical, psychiatric, psychological, vocational
24or developmental evaluations.
AB130-SSA1,19,5
146.56
(8) (h) 5. Identification of any administrative or judicial procedures
2under ch. 48, 51, 55, 115
or, 118
or 938 that may be necessary in order to fully
3implement the integrated service plan and the identity of the individual or
4organization that will be responsible for initiating those procedures, if any are
5required.
AB130-SSA1,19,107
46.56
(8) (j) The proposed integrated service plan shall be submitted to any
8service providers who would be included in the integrated service plan and the court
9assigned to exercise jurisdiction under
ch. chs. 48
and 938 if participation in the
10program has been court ordered under s.
48.34 48.345 (6m) or 938.34 (6m).
AB130-SSA1,19,1712
46.56
(8) (k) Upon written approval of the integrated service plan by the
13proposed service providers and the child's family, unless the child's involvement in
14the program is through court order under s. 48.355
or 938.355, in which case
15approval of the court may be substituted for that of the family, the integrated service
16plan shall be implemented by the service coordination agency and the service
17providers designated to provide services under the integrated service plan.
AB130-SSA1,20,720
46.56
(14) (a) (intro.) In order to support the development of a comprehensive
21system of coordinated care for children with severe disabilities and their families, the
22department shall establish a statewide advisory committee with representatives of
23county departments, the department of public instruction, educational agencies,
24professionals experienced in the provision of services to children with severe
25disabilities, families with children with severe disabilities, advocates for such
1families and their children, the subunit of the department of industry, labor and
2human relations that administers vocational rehabilitation, the technical college
3system, health care providers, courts assigned to exercise jurisdiction under
ch. chs. 448
and 938, child welfare officials, and other appropriate persons as selected by the
5department. The department may use an existing committee for this purpose if it
6has representatives from the listed groups and is willing to perform the required
7functions. This committee shall do all of the following:
AB130-SSA1,20,1613
48.02
(1) "Adult" means a person who is 18 years of age or older, except that
14for purposes of prosecuting a person who is alleged to have violated any state or
15federal criminal law
or any civil law or municipal ordinance, "adult" means a person
16who has attained 17 years of age.
AB130-SSA1,20,2219
48.02
(2) "Child" means a person who is less than 18 years of age, except that
20for purposes of prosecuting a person who is alleged to have violated a state or federal
21criminal law
or any civil law or municipal ordinance, "child" does not include a person
22who has attained 17 years of age.
AB130-SSA1,20,2524
48.02
(2m) "Court", when used without further qualification, means the court
25assigned to exercise jurisdiction under this chapter
and ch. 938.
AB130-SSA1,21,65
48.02
(10) "Judge", if used without further qualification, means the judge of the
6court assigned to exercise jurisdiction under this chapter
and ch. 938.