AB130: Bill Text Engrossed

AB130-engrossed, s. 26 Section 26. 46.10 (1) of the statutes is amended to read:

AB130-engrossed,17,5 46.10 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 48.355 (2) (b) 4., 48.357 (5m) or, 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) or ch. 767.

AB130-engrossed, s. 27 Section 27. 46.10 (2) of the statutes, as affected by 1993 Wisconsin Acts 479 and 481, is amended to read:

AB130-engrossed,18,10 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.34 (4m), 48.357 (4) and (5) (e), 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 938.183 (2), 938.34 (4h) or (4m), 938.357 (4) and (5) (e), 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including university of Wisconsin hospital and clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.175, and any person receiving treatment and services from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

AB130-engrossed, s. 28 Section 28. 46.10 (14) (b) of the statutes is amended to read:

AB130-engrossed,18,20 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355 or, 48.357, 938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, child caring institution or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department under s. 46.25 (9) (a) and by applying the percentage standard in the manner established by the department under s. 46.25 (9) (b).

AB130-engrossed, s. 29 Section 29. 46.10 (14) (e) 1. of the statutes, as created by 1993 Wisconsin Act 481, is amended to read:

AB130-engrossed,19,5 46.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m) or, 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108 and other money due or to be due in the future to the county department under s. 46.215, 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

AB130-engrossed, s. 30 Section 30. 46.206 (1) (b) of the statutes is amended to read:

AB130-engrossed,19,14 46.206 (1) (b) All records of the department and all county records relating to social services, aid to families with dependent children and aid under s. 49.18, 1971 stats., s. 49.20, 1971 stats., and s. 49.61, 1971 stats., as affected by chapter 90, laws of 1973, shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding s. ss. 48.396 (2) and 938.396 (2), all county records relating to the administration of such services and public assistance shall be open to inspection at all reasonable hours by authorized representatives of the department.

AB130-engrossed, s. 31 Section 31. 46.21 (2) (a) of the statutes is amended to read:

AB130-engrossed,19,25 46.21 (2) (a) Shall adopt policies for the management, operation, maintenance and improvement of the county hospital; the detention center; the probation section of the children's court center; the provision and maintenance of the physical facilities for the children's court and its intake section under the supervision and operation of the judges assigned to exercise jurisdiction under ch. chs. 48 and 938 and as provided in s. ss. 48.06 (1) and 938.06 (1); the mental health complex; the county department of human services; the central service departments; and all buildings and land used in connection with any institution under this section. The powers and duties of the county board of supervisors are policy forming only, and not administrative or executive.

AB130-engrossed, s. 32 Section 32. 46.215 (1) (h) of the statutes is amended to read:

AB130-engrossed,20,5 46.215 (1) (h) To administer child welfare services under ss. 48.56 and 48.57 and juvenile welfare services under s. 938.57, to accept custody and guardianship of children upon the order of a competent court and to place children for adoption and to make recommendations relating to the adoption of children under s. 48.85.

AB130-engrossed, s. 33 Section 33. 46.22 (1) (c) 1. b. of the statutes is amended to read:

AB130-engrossed,20,10 46.22 (1) (c) 1. b. State institutions. Mendota mental health institute, Winnebago mental health institute, university of Wisconsin hospital and clinics, centers for the developmentally disabled and Type 1 secured correctional facilities, as defined in s. 48.02 (15m) 938.02 (19), that are operated by the department.

AB130-engrossed, s. 34 Section 34. 46.22 (1) (c) 2. of the statutes is amended to read:

AB130-engrossed,20,21 46.22 (1) (c) 2. Subdivision 1. does not authorize the county department of social services to make investigations regarding admission to or release from the Waupun correctional institution, the Columbia correctional institution, the Racine correctional institution, the correctional institution authorized under s. 301.046 (1), the correctional institution authorized under s. 301.048 (4) (b), the Oshkosh correctional institution, the Green Bay correctional institution, the Dodge correctional institution, the Taycheedah correctional institution, county houses of correction, jails, detention homes or, reforestation camps, Type 2 secured correctional facilities, as defined in s. 938.02 (20), or secured correctional facilities, as defined in s. 938.02 (15m), that are operated by the department of corrections.

AB130-engrossed, s. 35 Section 35. 46.22 (1) (c) 5. of the statutes is amended to read:

AB130-engrossed,20,25 46.22 (1) (c) 5. Perform the duties and functions prescribed in s. ss. 48.08 and 938.08 when requested to do so by the judge assigned to exercise jurisdiction under ch. chs. 48 and 938.

AB130-engrossed, s. 36 Section 36. 46.22 (1) (c) 8. c. of the statutes is amended to read:

AB130-engrossed,21,6 46.22 (1) (c) 8. c. Upon the request of the judge assigned to exercise jurisdiction under ch. chs. 48 and 938, the county department of social services shall investigate the home environment and other factors in the life of any child brought to the attention of the court for alleged dependency, neglect, or delinquency, and to assume guidance and supervision of any child placed on probation by that court.

AB130-engrossed, s. 37 Section 37. 46.22 (1) (c) 8. e. of the statutes is amended to read:

AB130-engrossed,21,9 46.22 (1) (c) 8. e. The county department of social services shall have the powers and duties specified in s. ss. 48.57 and 938.57.

AB130-engrossed, s. 38 Section 38. 46.25 (9) (b) of the statutes is amended to read:

AB130-engrossed,21,17 46.25 (9) (b) For purposes of determining child support under s. 46.10 (14) (b), the department shall promulgate separate rules related to the application of the standard under par. (a) to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 48.355 or, 48.357, 938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

AB130-engrossed, s. 39 Section 39. 46.26 (1) of the statutes is amended to read:

AB130-engrossed,21,25 46.26 (1) Procedures. The department of health and social services shall develop procedures for the implementation of this section, standards for the development and delivery of social services under ch. chs. 48 and 938, and shall provide consultation and technical assistance to aid counties in implementation and service delivery. The department of health and social services shall establish information systems, monitoring and evaluation procedures to report periodically to the governor and legislature on the state impact of this section.

AB130-engrossed, s. 40 Section 40. 46.26 (2) (c) of the statutes is amended to read:

AB130-engrossed,22,10 46.26 (2) (c) All funds to counties under this section shall be used to purchase or provide juvenile delinquency-related services under ch. 48 938, except that no funds to counties under this section may be used for purposes of land purchase, building construction or maintenance of buildings under ss. 46.17 and 46.175, for reimbursement of costs under s. 48.209 938.209, for city lockups or for reimbursement of care costs in temporary shelter care under s. 48.22 938.22. Funds to counties under this section may be used for reimbursement of costs of program services, other than basic care and supervision costs, in juvenile secure detention facilities.

AB130-engrossed, s. 41m Section 41m. 46.26 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-engrossed,22,18 46.26 (3) (d) Subject to pars. (dd), (de) and (dg), in addition to the funds allocated under par. (c), the department of health and social services shall allocate funds to counties under sub. (4) (b) 2. and shall consider each county's proportionate use of applicable services of the department of health and social services under ss. 48.34 and 48.366 or the department of corrections under ss. s. 48.366 and 48.537 during previous calendar years.

AB130-engrossed, s. 41p Section 41p. 46.26 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-engrossed,23,2 46.26 (3) (d) Subject to pars. (dd), (de) and (dg), in addition to the funds allocated under par. (c), the department of health and social services shall allocate funds to counties under sub. (4) (b) 2. and shall consider each county's proportionate use of applicable services of the department of health and social services under ss. 48.366, 938.183 (2) and 938.34 or the department of corrections under ss. 48.366, 938.183 (2) and 938.538 during previous calendar years.

AB130-engrossed, s. 42 Section 42. 46.26 (3) (f) of the statutes is amended to read:

AB130-engrossed,23,10 46.26 (3) (f) Notwithstanding pars. (dm) and (e), the department of health and social services may carry forward from 1994 to 1995 not more than $768,100 of the funds allocated under this subsection to the counties that are participating in the corrective sanctions program under s. 48.533 938.533 (2) for their use of the services provided under that program. Notwithstanding s. 20.435 (3) (cd), any funds that are carried forward under this paragraph and not spent or encumbered by counties by June 30, 1995, shall lapse to the general fund on July 1, 1995.

AB130-engrossed, s. 43m Section 43m. 46.26 (4) (a) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-engrossed,23,24 46.26 (4) (a) Except as provided in pars. (c) and (cm), the department of health and social services shall bill counties or deduct from the allocations under s. 20.435 (3) (cd) for the costs of care, services and supplies purchased or provided by the department of health and social services for each person receiving services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving services under s. 48.366. The department of health and social services may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 after the person reaches 19 years of age or provided to a person subject to an order under s. 48.34 (4g). Payment shall be due within 60 days of the billing date. If any payment has not been received within 60 days, the department of health and social services may withhold aid payments in the amount due from the appropriation under s. 20.435 (3) (cd) or (7) (b).

AB130-engrossed, s. 43n Section 43n . 46.26 (4) (a) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), section 43m, is repealed and recreated to read:

AB130-engrossed,24,15 46.26 (4) (a) Except as provided in pars. (c) and (cm), the department of health and social services shall bill counties or deduct from the allocations under s. 20.435 (3) (cd) for the costs of care, services and supplies purchased or provided by the department of health and social services for each person receiving services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving services under s. 48.366. The department of health and social services may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 after the person reaches 18 years of age. Payment shall be due within 60 days of the billing date. If any payment has not been received within 60 days, the department of health and social services may withhold aid payments in the amount due from the appropriation under s. 20.435 (3) (cd) or (7) (b).

AB130-engrossed, s. 43p Section 43p. 46.26 (4) (a) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), sections 43m and 43n, is amended to read:

AB130-engrossed,25,5 46.26 (4) (a) Except as provided in pars. (c) and (cm), the department of health and social services shall bill counties or deduct from the allocations under s. 20.435 (3) (cd) for the costs of care, services and supplies purchased or provided by the department of health and social services for each person receiving services under ss. 48.34, s. 48.366 and, 51.35 (3), 938.183 (2) or 938.34 or the department of corrections for each person receiving services under s. 48.366 or 938.183 (2). The department of health and social services may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 or 938.183 (2) after the person reaches 18 years of age. Payment shall be due within 60 days of the billing date. If any payment has not been received within 60 days, the department of health and social services may withhold aid payments in the amount due from the appropriation under s. 20.435 (3) (cd) or (7) (b).

AB130-engrossed, s. 44m Section 44m. 46.26 (4) (b) 1. of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-engrossed,25,22 46.26 (4) (b) 1. Assessment of costs under par. (a) shall be made periodically on the basis of a per person per day cost estimate adjusted at least annually by the department. Except as provided in pars. (bm), (c), and (cm) and (dr), liability shall apply to county departments under s. 46.21, 46.22 or 46.23 in the county of the court exercising jurisdiction under ch. 48 for each person receiving services from the department of health and social services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections under s. 48.366. Except as provided in pars. (bm), (c), and (cm) and (dr), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under sub. (3) (c) and (d) to the total applicable estimated costs of care, services and supplies provided by the department of health and social services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections under ss. 48.34 (4g) and s. 48.366.

AB130-engrossed, s. 44p Section 44p. 46.26 (4) (b) 1. of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-engrossed,26,15 46.26 (4) (b) 1. Assessment of costs under par. (a) shall be made periodically on the basis of a per person per day cost estimate adjusted at least annually by the department. Except as provided in pars. (bm), (c) and (cm), liability shall apply to county departments under s. 46.21, 46.22 or 46.23 in the county of the court exercising jurisdiction under chs. 48 and 938 for each person receiving services from the department of health and social services under s. 48.366, 51.35 (3), 938.183 (2) or 938.34 or the department of corrections under s. 48.366 or 938.183 (2). Except as provided in pars. (bm), (c) and (cm), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under sub. (3) (c) and (d) to the total applicable estimated costs of care, services and supplies provided by the department of health and social services under ss. 48.366, 51.35 (3), 938.183 (2) and 938.34 or the department of corrections under ss. 48.366, 938.183 (2) and 938.34 (4h).

AB130-engrossed, s. 45m Section 45m. 46.26 (4) (c) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-engrossed,26,23 46.26 (4) (c) Notwithstanding pars. (a), (b) 1. and (bm), but subject to par. (dr), the department of health and social services shall pay, from the appropriation under s. 20.435 (3) (hm), the costs of care, services and supplies provided for each person receiving services under ss. 48.34, 48.366 and 51.35 (3) who was under the guardianship of the department pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

AB130-engrossed, s. 45p Section 45p. 46.26 (4) (c) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-engrossed,27,6 46.26 (4) (c) Notwithstanding pars. (a), (b) 1. and (bm), the department of health and social services shall pay, from the appropriation under s. 20.435 (3) (hm), the costs of care, services and supplies provided for each person receiving services under ss. 48.366, 51.35 (3), 938.183 (2) and 938.34 who was under the guardianship of the department pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.

AB130-engrossed, s. 46m Section 46m. 46.26 (4) (cm) 1. of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB130-engrossed,27,15 46.26 (4) (cm) 1. Notwithstanding pars. (a), (b) 1. and (bm), but subject to par. (dr), the department shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the appropriation under s. 20.435 (3) (hm) for the purpose of reimbursing juvenile correctional institutions for costs incurred beginning on January 1, 1995, for the care of any child who is placed in a juvenile correctional facility based on a delinquent act that is a violation of s. 940.01, 940.02, 940.03, 940.05, 940.225 (1) or 943.32 (2).

AB130-engrossed, s. 46p Section 46p. 46.26 (4) (cm) 1. of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB130-engrossed,28,3 46.26 (4) (cm) 1. Notwithstanding pars. (a), (b) 1. and (bm), the department shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the appropriation under s. 20.435 (3) (hm) for the purpose of reimbursing juvenile correctional institutions operated by the department and secured child caring institutions, as defined in s. 938.02 (15g), for costs incurred beginning on July 1, 1996, for the care of any child 14 years of age or over who is placed in a juvenile correctional facility operated by the department or secured child caring institution based on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.01, 940.02, 940.03, 940.05, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or 948.36.

AB130-engrossed, s. 46r Section 46r. 46.26 (4) (cm) 1m. of the statutes is created to read:

AB130-engrossed,28,13 46.26 (4) (cm) 1m. Notwithstanding pars. (a), (b) 1. and (bm), the department shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the appropriation under s. 20.435 (3) (ho) for the purpose of reimbursing alternate care and aftercare providers for costs incurred beginning on July 1, 1996, for the care of any child 14 years of age or over who is receiving alternate care or aftercare based on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.01, 940.02, 940.03, 940.05, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or 948.36.

AB130-engrossed, s. 47m Section 47m. 46.26 (4) (cm) 2. of the statutes is renumbered 46.26 (4) (cm) 3. and amended to read:

AB130-engrossed,28,23 46.26 (4) (cm) 3. Notwithstanding pars. (a), (b) 1. and (bm), the department shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the appropriation under s. 20.410 (1) (hx) for the purpose of reimbursing juvenile or adult correctional institutions and alternate care and aftercare providers for costs incurred beginning on January July 1, 1995 1996, for the care of any person 19 14 years of age or over and under 18 years of age who is placed in an a juvenile or adult correctional facility under s. 48.366 (8) or 938.183 (2) based on a delinquent act that is a violation of s. 940.01, 940.02, 940.05 or 940.225 (1).

AB130-engrossed, s. 47r Section 47r. 46.26 (4) (cm) 4. of the statutes is created to read:

AB130-engrossed,29,4 46.26 (4) (cm) 4. The per person daily reimbursement rate to juvenile and adult correctional institutions under this paragraph shall be equal to the per person daily cost assessment to counties under par. (d) 2. to 4. for care in a juvenile or adult correctional institution.

AB130-engrossed, s. 48 Section 48. 46.26 (4) (d) 1. of the statutes is amended to read:

AB130-engrossed,29,11 46.26 (4) (d) 1. Except as provided in pars. (e) to (g), for services under s. 48.34 938.34, all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (3) (hm). As adjustments in the assessments under this subsection are made, there shall be a proportionate adjustment in the allocations to counties under sub. (3) (d).

AB130-engrossed, s. 49 Section 49. 46.26 (4) (d) 1m. of the statutes is amended to read:

AB130-engrossed,29,20 46.26 (4) (d) 1m. Except as provided in pars. (e) to (g), for services under s. ss. 48.366 and 938.183 (2), all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (3) (hm) for services provided by the department of health and social services or s. 20.410 (1) (hx) for services provided by the department of corrections. As adjustments in the assessments under this subsection are made, there shall be a proportionate adjustment in the allocations to counties under sub. (3) (d).

AB130-engrossed, s. 51m Section 51m. 46.26 (4) (d) 3. of the statutes is amended to read:

AB130-engrossed,30,5 46.26 (4) (d) 3. In calendar year 1994 Beginning January 1, 1996, and ending June 30, 1996, the per person daily cost assessment to counties shall be $111.73 for care in a juvenile correctional institution, $111.73 for care for children transferred from a juvenile correctional institution under s. 51.35 (3), the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $141.05 for care in a child caring institution, $98.47 for care in a group home for children, $22.49 for care in a foster home, $62.46 for care in a treatment foster home, $66.75 for departmental corrective sanctions services and $12.96 for departmental aftercare services.

AB130-engrossed, s. 51p Section 51p. 46.26 (4) (d) 3m. of the statutes is created to read:

AB130-engrossed,30,16 46.26 (4) (d) 3m. Beginning July 1, 1996, and ending December 31, 1996, the per person daily cost assessment to counties shall be $111.73 for care in a Type 1 secured correctional facility, as defined in s. 938.02 (19), $111.73 for care for children transferred from a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), under s. 51.35 (3), the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $141.05 for care in a child caring institution, $98.47 for care in a group home for children, $22.49 for care in a foster home, $62.46 for care in a treatment foster home, $66.75 for care in a Type 2 secured correctional facility, as defined in s. 938.02 (20), and $12.96 for departmental aftercare services.

AB130-engrossed, s. 52 Section 52. 46.26 (4) (d) 4. of the statutes is amended to read:

AB130-engrossed,31,4 46.26 (4) (d) 4. Beginning January 1, 1995 1997, and ending June 30, 1995 1997, the per person daily cost assessment to counties shall be $115.68 for care in a juvenile correctional institution Type 1 secured correctional facility, as defined in s. 938.02 (19), $115.68 for care for children transferred from a juvenile correctional institution secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), under s. 51.35 (3), the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $146.07 for care in a child caring institution, $101.92 for care in a group home for children, $23.28 for care in a foster home, $64.65 for care in a treatment foster home, $66.75 for departmental corrective sanctions services care in a Type 2 secured correctional facility, as defined in s. 938.02 (20), and $12.96 for departmental aftercare services.

AB130-engrossed, s. 52m Section 52m. 46.26 (4) (dm) of the statutes is amended to read:

AB130-engrossed,31,10 46.26 (4) (dm) The department of health and social services shall promulgate rules to provide rates under par. (d) 2., 3. and to 4. for maintaining a person in an adult correctional institution. The rate shall not vary according to the adult correctional institution where a person is placed. The rate shall reflect the average daily cost associated with maintaining prisoners in adult correctional institutions.

AB130-engrossed, s. 53m Section 53m. 46.26 (4) (dr) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.

AB130-engrossed, s. 54 Section 54. 46.26 (4) (e) of the statutes is amended to read:

AB130-engrossed,31,18 46.26 (4) (e) For foster care, treatment foster care, group home care and institutional child care to delinquent children under ss. 48.48 (4) and (14), 48.52 and 49.19 (10) (d), 938.48 (4) and (14) and 938.52 all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (3) (ho).

AB130-engrossed, s. 55 Section 55. 46.26 (4) (eg) of the statutes is amended to read:

AB130-engrossed,31,22 46.26 (4) (eg) For corrective sanctions services under s. 48.533 938.533 (2), all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (3) (hr).

AB130-engrossed, s. 56 Section 56. 46.26 (4) (g) of the statutes is amended to read:

AB130-engrossed,32,3 46.26 (4) (g) For juvenile field and institutional aftercare services under ch. 48 938 and for the juvenile offender review program in the division of youth services in the department of health and social services, all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the general fund and shall be treated as a nonappropriated receipt.

AB130-engrossed, s. 57 Section 57. 46.26 (7) (b) 2. of the statutes is amended to read:

AB130-engrossed,32,10 46.26 (7) (b) 2. To determine eligibility for payments under this paragraph for fiscal year 1993-94 1995-96, the department shall determine a percentage for each county by dividing the combined number of 1990 1992 and 1991 1993 assaultive and total Part I juvenile arrests in a county by the population of that county under 18 17 years of age. A county having a percentage exceeding 3.5% is eligible to receive these payments.

AB130-engrossed, s. 58 Section 58. 46.26 (7) (b) 3. of the statutes is amended to read:

AB130-engrossed,32,16 46.26 (7) (b) 3. To determine eligibility for payments under this paragraph for fiscal year 1994-95 1996-97, the department shall determine a percentage for each county by using the procedure under subd. 2., updating the arrest data to reflect current statistics, if available. A county having a percentage exceeding 3.5% is eligible to receive these payments.

AB130-engrossed, s. 59 Section 59. 46.26 (7) (h) of the statutes is amended to read:

AB130-engrossed,32,24 46.26 (7) (h) For counties that are participating in the corrective sanctions program under s. 48.533 938.533 (2), $768,100 in 1994 and $768,100 in the first 6 months of 1995 for the provision of corrective sanctions services for children from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by 105 and multiplying the quotient by the average daily population of children from that county who are participating in the program.

AB130-engrossed, s. 60 Section 60. 46.263 (3) of the statutes is amended to read:

AB130-engrossed,33,14 46.263 (3) The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of children who are taken into custody statewide for alleged violations that are punishable as a Class A or a Class B felony if committed by an adult, during the most recent 2-year period for which that information is available. The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of children statewide who are placed in a juvenile correctional institution or a secured child caring institution, as defined in s. 938.02 (15g), during the most recent 2-year period for which that information is available. The department shall distribute 34% of the amounts distributed under sub. (1) based on each county's proportion of the number of Part I juvenile offenses arrests reported statewide under the uniform crime reporting system of the Wisconsin department office of justice assistance in the department of administration, during the most recent 2-year period for which that information is available.

AB130-engrossed, s. 61 Section 61. 46.275 (4) (b) 1. of the statutes is amended to read:

AB130-engrossed,33,21 46.275 (4) (b) 1. Consent for participation is given either by the person's parent, guardian or legal custodian, if the person is under age 18, or by the person or the person's guardian, if the person is age 18 or over, except that this subdivision does not limit the authority of the circuit court to enter, change, revise or extend a dispositional order under subch. VI of ch. 48 or subch. VI of ch. 938 or to order a placement under s. 55.06.