AB130-engrossed,22,102
46.26
(2) (c) All funds to counties under this section shall be used to purchase
3or provide juvenile delinquency-related services under ch.
48 938, except that no
4funds to counties under this section may be used for purposes of land purchase,
5building construction or maintenance of buildings under ss. 46.17 and 46.175, for
6reimbursement of costs under s.
48.209 938.209, for city lockups or for
7reimbursement of care costs in temporary shelter care under s.
48.22 938.22. Funds
8to counties under this section may be used for reimbursement of costs of program
9services, other than basic care and supervision costs, in juvenile secure detention
10facilities.
AB130-engrossed,22,1813
46.26
(3) (d) Subject to pars. (dd), (de) and (dg), in addition to the funds
14allocated under par. (c), the department of health and social services shall allocate
15funds to counties under sub. (4) (b) 2. and shall consider each county's proportionate
16use of applicable services of the department of health and social services under ss.
1748.34 and 48.366 or the department of corrections under
ss. s. 48.366
and 48.537 18during previous calendar years.
AB130-engrossed,23,221
46.26
(3) (d) Subject to pars. (dd), (de) and (dg), in addition to the funds
22allocated under par. (c), the department of health and social services shall allocate
23funds to counties under sub. (4) (b) 2. and shall consider each county's proportionate
24use of applicable services of the department of health and social services under ss.
148.366, 938.183 (2) and 938.34 or the department of corrections under ss. 48.366,
2938.183 (2) and 938.538 during previous calendar years.
AB130-engrossed,23,104
46.26
(3) (f) Notwithstanding pars. (dm) and (e), the department of health and
5social services may carry forward from 1994 to 1995 not more than $768,100 of the
6funds allocated under this subsection to the counties that are participating in the
7corrective sanctions program under s.
48.533 938.533 (2) for their use of the services
8provided under that program. Notwithstanding s. 20.435 (3) (cd), any funds that are
9carried forward under this paragraph and not spent or encumbered by counties by
10June 30, 1995, shall lapse to the general fund on July 1, 1995.
AB130-engrossed,23,2413
46.26
(4) (a) Except as provided in pars. (c) and (cm), the department of health
14and social services shall bill counties or deduct from the allocations under s. 20.435
15(3) (cd) for the costs of care, services and supplies purchased or provided by the
16department of health and social services for each person receiving services under ss.
1748.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving
18services under s. 48.366. The department of health and social services may not bill
19a county for or deduct from a county's allocation the cost of care, services and supplies
20provided to a person subject to an order under s. 48.366 after the person reaches 19
21years of age
or provided to a person subject to an order under s. 48.34 (4g). Payment
22shall be due within 60 days of the billing date. If any payment has not been received
23within 60 days, the department of health and social services may withhold aid
24payments in the amount due from the appropriation under s. 20.435 (3) (cd) or (7) (b).
AB130-engrossed,24,154
46.26
(4) (a) Except as provided in pars. (c) and (cm), the department of health
5and social services shall bill counties or deduct from the allocations under s. 20.435
6(3) (cd) for the costs of care, services and supplies purchased or provided by the
7department of health and social services for each person receiving services under ss.
848.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving
9services under s. 48.366. The department of health and social services may not bill
10a county for or deduct from a county's allocation the cost of care, services and supplies
11provided to a person subject to an order under s. 48.366 after the person reaches 18
12years of age. Payment shall be due within 60 days of the billing date. If any payment
13has not been received within 60 days, the department of health and social services
14may withhold aid payments in the amount due from the appropriation under s.
1520.435 (3) (cd) or (7) (b).
AB130-engrossed,25,518
46.26
(4) (a) Except as provided in pars. (c) and (cm), the department of health
19and social services shall bill counties or deduct from the allocations under s. 20.435
20(3) (cd) for the costs of care, services and supplies purchased or provided by the
21department of health and social services for each person receiving services under
ss.
2248.34, s. 48.366
and, 51.35 (3)
, 938.183 (2) or 938.34 or the department of corrections
23for each person receiving services under s. 48.366
or 938.183 (2). The department
24of health and social services may not bill a county for or deduct from a county's
25allocation the cost of care, services and supplies provided to a person subject to an
1order under s. 48.366
or 938.183 (2) after the person reaches 18 years of age.
2Payment shall be due within 60 days of the billing date. If any payment has not been
3received within 60 days, the department of health and social services may withhold
4aid payments in the amount due from the appropriation under s. 20.435 (3) (cd) or
5(7) (b).
AB130-engrossed,25,228
46.26
(4) (b) 1. Assessment of costs under par. (a) shall be made periodically on
9the basis of a per person per day cost estimate adjusted at least annually by the
10department. Except as provided in pars. (bm), (c)
,
and (cm)
and (dr), liability shall
11apply to county departments under s. 46.21, 46.22 or 46.23 in the county of the court
12exercising jurisdiction under ch. 48 for each person receiving services from the
13department of health and social services under ss. 48.34, 48.366 and 51.35 (3) or the
14department of corrections under s. 48.366. Except as provided in pars. (bm), (c)
, and 15(cm)
and (dr), in multicounty court jurisdictions, the county of residency within the
16jurisdiction shall be liable for costs under this subsection. Assessment of costs under
17par. (a) shall also be made according to the general placement type or level of care
18provided, as defined by the department, and prorated according to the ratio of the
19amount designated under sub. (3) (c) and (d) to the total applicable estimated costs
20of care, services and supplies provided by the department of health and social
21services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections under
22ss. 48.34 (4g) and s. 48.366.
AB130-engrossed,26,15
146.26
(4) (b) 1. Assessment of costs under par. (a) shall be made periodically on
2the basis of a per person per day cost estimate adjusted at least annually by the
3department. Except as provided in pars. (bm), (c) and (cm), liability shall apply to
4county departments under s. 46.21, 46.22 or 46.23 in the county of the court
5exercising jurisdiction under chs. 48 and 938 for each person receiving services from
6the department of health and social services under s. 48.366, 51.35 (3), 938.183 (2)
7or 938.34 or the department of corrections under s. 48.366 or 938.183 (2). Except as
8provided in pars. (bm), (c) and (cm), in multicounty court jurisdictions, the county of
9residency within the jurisdiction shall be liable for costs under this subsection.
10Assessment of costs under par. (a) shall also be made according to the general
11placement type or level of care provided, as defined by the department, and prorated
12according to the ratio of the amount designated under sub. (3) (c) and (d) to the total
13applicable estimated costs of care, services and supplies provided by the department
14of health and social services under ss. 48.366, 51.35 (3), 938.183 (2) and 938.34 or the
15department of corrections under ss. 48.366, 938.183 (2) and 938.34 (4h).
AB130-engrossed,26,2318
46.26
(4) (c) Notwithstanding pars. (a), (b) 1. and (bm),
but subject to par. (dr), 19the department of health and social services shall pay, from the appropriation under
20s. 20.435 (3) (hm), the costs of care, services and supplies provided for each person
21receiving services under ss. 48.34, 48.366 and 51.35 (3) who was under the
22guardianship of the department pursuant to an order under ch. 48 at the time that
23the person was adjudicated delinquent.
AB130-engrossed,27,6
146.26
(4) (c) Notwithstanding pars. (a), (b) 1. and (bm), the department of
2health and social services shall pay, from the appropriation under s. 20.435 (3) (hm),
3the costs of care, services and supplies provided for each person receiving services
4under ss. 48.366, 51.35 (3), 938.183 (2) and 938.34 who was under the guardianship
5of the department pursuant to an order under ch. 48 at the time that the person was
6adjudicated delinquent.
AB130-engrossed,27,159
46.26
(4) (cm) 1. Notwithstanding pars. (a), (b) 1. and (bm),
but subject to par.
10(dr), the department shall transfer funds from the appropriation under s. 20.435 (3)
11(cg) to the appropriation under s. 20.435 (3) (hm) for the purpose of reimbursing
12juvenile correctional institutions for costs incurred beginning on January 1, 1995, for
13the care of any child who is placed in a juvenile correctional facility based on a
14delinquent act that is a violation of s. 940.01, 940.02, 940.03, 940.05, 940.225 (1) or
15943.32 (2).
AB130-engrossed,28,318
46.26
(4) (cm) 1. Notwithstanding pars. (a), (b) 1. and (bm), the department
19shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the
20appropriation under s. 20.435 (3) (hm) for the purpose of reimbursing juvenile
21correctional institutions operated by the department and secured child caring
22institutions, as defined in s. 938.02 (15g), for costs incurred beginning on July 1,
231996, for the care of any child 14 years of age or over who is placed in a juvenile
24correctional facility operated by the department or secured child caring institution
25based on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.01, 940.02,
1940.03, 940.05, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10
2(2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or
3948.36.
AB130-engrossed,28,135
46.26
(4) (cm) 1m. Notwithstanding pars. (a), (b) 1. and (bm), the department
6shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the
7appropriation under s. 20.435 (3) (ho) for the purpose of reimbursing alternate care
8and aftercare providers
for costs incurred beginning on July 1, 1996, for the care of
9any child 14 years of age or over who is receiving alternate care or aftercare based
10on a delinquent act that is a violation of s. 939.31, 939.32 (1) (a), 940.01, 940.02,
11940.03, 940.05, 940.21, 940.225 (1), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10
12(2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1), 948.025, 948.30, 948.35 (1) (b) or
13948.36.
AB130-engrossed, s. 47m
14Section 47m. 46.26 (4) (cm) 2. of the statutes is renumbered 46.26 (4) (cm) 3.
15and amended to read:
AB130-engrossed,28,2316
46.26
(4) (cm) 3. Notwithstanding pars. (a), (b) 1. and (bm), the department
17shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the
18appropriation under s. 20.410 (1) (hx) for the purpose of reimbursing
juvenile or 19adult correctional institutions
and alternate care and aftercare providers for costs
20incurred beginning on
January July 1,
1995 1996, for the care of any person
19 14
21years of age or over and under 18 years of age who is placed in
an a juvenile or adult
22correctional facility under s. 48.366 (8)
or 938.183 (2) based on a delinquent act that
23is a violation of s. 940.01, 940.02, 940.05 or 940.225 (1).
AB130-engrossed,29,4
146.26
(4) (cm) 4. The per person daily reimbursement rate to juvenile and adult
2correctional institutions under this paragraph shall be equal to the per person daily
3cost assessment to counties under par. (d) 2. to 4. for care in a juvenile or adult
4correctional institution.
AB130-engrossed,29,116
46.26
(4) (d) 1. Except as provided in pars. (e) to (g), for services under s.
48.34 7938.34, all payments and deductions made under this subsection and uniform fee
8collections made under s. 46.03 (18) shall be deposited in the appropriation under s.
920.435 (3) (hm). As adjustments in the assessments under this subsection are made,
10there shall be a proportionate adjustment in the allocations to counties under sub.
11(3) (d).
AB130-engrossed,29,2013
46.26
(4) (d) 1m. Except as provided in pars. (e) to (g), for services under
s. ss.
1448.366
and 938.183 (2), all payments and deductions made under this subsection and
15uniform fee collections made under s. 46.03 (18) shall be deposited in the
16appropriation under s. 20.435 (3) (hm) for services provided by the department of
17health and social services or s. 20.410 (1) (hx) for services provided by the department
18of corrections. As adjustments in the assessments under this subsection are made,
19there shall be a proportionate adjustment in the allocations to counties under sub.
20(3) (d).
AB130-engrossed,30,522
46.26
(4) (d) 3.
In calendar year 1994
Beginning January 1, 1996, and ending
23June 30, 1996, the per person daily cost assessment to counties shall be $111.73 for
24care in a juvenile correctional institution, $111.73 for care for children transferred
25from a juvenile correctional institution under s. 51.35 (3), the dollar amount set by
1the department of corrections by rule for maintaining a prisoner in an adult
2correctional institution, $141.05 for care in a child caring institution, $98.47 for care
3in a group home for children, $22.49 for care in a foster home, $62.46 for care in a
4treatment foster home, $66.75 for departmental corrective sanctions services and
5$12.96 for departmental aftercare services.
AB130-engrossed,30,167
46.26
(4) (d) 3m. Beginning July 1, 1996, and ending December 31, 1996, the
8per person daily cost assessment to counties shall be $111.73 for care in a Type 1
9secured correctional facility, as defined in s. 938.02 (19), $111.73 for care for children
10transferred from a secured correctional facility, as defined in s. 938.02 (15m), or a
11secured child caring institution, as defined in s. 938.02 (15g), under s. 51.35 (3), the
12dollar amount set by the department of corrections by rule for maintaining a prisoner
13in an adult correctional institution, $141.05 for care in a child caring institution,
14$98.47 for care in a group home for children, $22.49 for care in a foster home, $62.46
15for care in a treatment foster home, $66.75 for care in a Type 2 secured correctional
16facility, as defined in s. 938.02 (20), and $12.96 for departmental aftercare services.
AB130-engrossed,31,418
46.26
(4) (d) 4. Beginning January 1,
1995 1997, and ending June 30,
1995 191997, the per person daily cost assessment to counties shall be $115.68 for care in a
20juvenile correctional institution Type 1 secured correctional facility, as defined in s.
21938.02 (19), $115.68 for care for children transferred from a
juvenile correctional
22institution secured correctional facility, as defined in s. 938.02 (15m), or a secured
23child caring institution, as defined in s. 938.02 (15g), under s. 51.35 (3), the dollar
24amount set by the department of corrections by rule for maintaining a prisoner in an
25adult correctional institution, $146.07 for care in a child caring institution, $101.92
1for care in a group home for children, $23.28 for care in a foster home, $64.65 for care
2in a treatment foster home, $66.75 for
departmental corrective sanctions services 3care in a Type 2 secured correctional facility, as defined in s. 938.02 (20), and $12.96
4for departmental aftercare services.
AB130-engrossed,31,106
46.26
(4) (dm) The department of health and social services shall promulgate
7rules to provide rates under par. (d) 2.,
3. and
to 4. for maintaining a person in an
8adult correctional institution. The rate shall not vary according to the adult
9correctional institution where a person is placed. The rate shall reflect the average
10daily cost associated with maintaining prisoners in adult correctional institutions.
AB130-engrossed,31,1814
46.26
(4) (e) For foster care, treatment foster care, group home care and
15institutional child care to delinquent children under ss.
48.48 (4) and (14), 48.52 and 1649.19 (10) (d)
, 938.48 (4) and (14) and 938.52 all payments and deductions made
17under this subsection and uniform fee collections under s. 46.03 (18) shall be
18deposited in the appropriation under s. 20.435 (3) (ho).
AB130-engrossed,31,2220
46.26
(4) (eg) For corrective sanctions services under s.
48.533 938.533 (2), all
21payments and deductions made under this subsection and uniform fee collections
22under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (3) (hr).
AB130-engrossed,32,324
46.26
(4) (g) For juvenile field and institutional aftercare services under ch.
48 25938 and for the juvenile offender review program in the division of youth services in
1the department of health and social services, all payments and deductions made
2under this subsection and uniform fee collections under s. 46.03 (18) shall be
3deposited in the general fund and shall be treated as a nonappropriated receipt.
AB130-engrossed,32,105
46.26
(7) (b) 2. To determine eligibility for payments under this paragraph for
6fiscal year
1993-94 1995-96, the department shall determine a percentage for each
7county by dividing the combined number of
1990 1992 and
1991 1993 assaultive and
8total Part I juvenile arrests in a county by the population of that county under
18 17 9years of age. A county having a percentage exceeding 3.5% is eligible to receive these
10payments.
AB130-engrossed,32,1612
46.26
(7) (b) 3. To determine eligibility for payments under this paragraph for
13fiscal year
1994-95 1996-97, the department shall determine a percentage for each
14county by using the procedure under subd. 2., updating the arrest data to reflect
15current statistics, if available. A county having a percentage exceeding 3.5% is
16eligible to receive these payments.
AB130-engrossed,32,2418
46.26
(7) (h) For counties that are participating in the corrective sanctions
19program under s.
48.533 938.533 (2), $768,100 in 1994 and $768,100 in the first 6
20months of 1995 for the provision of corrective sanctions services for children from
21that county. In distributing funds to counties under this paragraph, the department
22shall determine a county's distribution by dividing the amount allocated under this
23paragraph by 105 and multiplying the quotient by the average daily population of
24children from that county who are participating in the program.
AB130-engrossed,33,14
146.263
(3) The department shall distribute 33% of the amounts distributed
2under sub. (1) based on each county's proportion of the number of children who are
3taken into custody statewide for alleged violations that are punishable as a Class A
4or a Class B felony if committed by an adult, during the most recent 2-year period
5for which that information is available. The department shall distribute 33% of the
6amounts distributed under sub. (1) based on each county's proportion of the number
7of children statewide who are placed in a juvenile correctional institution
or a
8secured child caring institution, as defined in s. 938.02 (15g), during the most recent
92-year period for which that information is available. The department shall
10distribute 34% of the amounts distributed under sub. (1) based on each county's
11proportion of the number of Part I juvenile
offenses
arrests reported statewide under
12the uniform crime reporting system of the
Wisconsin department office of justice
13assistance in the department of administration, during the most recent 2-year
14period for which that information is available.
AB130-engrossed,33,2116
46.275
(4) (b) 1. Consent for participation is given either by the person's parent,
17guardian or legal custodian, if the person is under age 18, or by the person or the
18person's guardian, if the person is age 18 or over, except that this subdivision does
19not limit the authority of the circuit court to enter, change, revise or extend a
20dispositional order under subch. VI of ch. 48
or subch. VI of ch. 938 or to order a
21placement under s. 55.06.
AB130-engrossed,33,2423
46.28
(1) (am) 1. A child adjudged delinquent for whom a case disposition is
24made under s.
48.34 938.34.
AB130-engrossed,34,2
146.28
(1) (am) 2. A child found in need of protection or services for whom an
2order is made under s. 48.345
or 938.345.
AB130-engrossed,34,54
46.56
(3) (a) 5. The juvenile court administrator or another representative
5appointed by the judge responsible for cases heard under
ch. chs. 48
and 938.
AB130-engrossed,34,127
46.56
(8) (a) Referrals to the program may come from any county departments,
8agencies, school districts, cooperative educational service agencies, county
9handicapped children's education boards, technical college districts, courts assigned
10to exercise jurisdiction under
ch. chs. 48
and 938 or any other organization or the
11child with severe disabilities or his or her family may contact the administering
12agency or service coordination agency to request services.
AB130-engrossed,34,2114
46.56
(8) (g) The service coordinator shall assemble the results of all prior
15relevant assessments and evaluations documenting the service needs of the child
16with severe disabilities and the child's family, including multidisciplinary team
17evaluations under s. 115.80 (3) or independent educational evaluations,
18court-ordered evaluations under s. 48.295
or 938.295, family support program
19evaluations, community integration program or community options program
20assessments, and any other available medical, psychiatric, psychological, vocational
21or developmental evaluations.
AB130-engrossed,35,223
46.56
(8) (h) 5. Identification of any administrative or judicial procedures
24under ch. 48, 51, 55, 115
or, 118
or 938 that may be necessary in order to fully
25implement the integrated service plan and the identity of the individual or
1organization that will be responsible for initiating those procedures, if any are
2required.
AB130-engrossed,35,74
46.56
(8) (j) The proposed integrated service plan shall be submitted to any
5service providers who would be included in the integrated service plan and the court
6assigned to exercise jurisdiction under
ch. chs. 48
and 938 if participation in the
7program has been court ordered under s.
48.34 48.345 (6m) or 938.34 (6m).
AB130-engrossed,35,149
46.56
(8) (k) Upon written approval of the integrated service plan by the
10proposed service providers and the child's family, unless the child's involvement in
11the program is through court order under s. 48.355
or 938.355, in which case
12approval of the court may be substituted for that of the family, the integrated service
13plan shall be implemented by the service coordination agency and the service
14providers designated to provide services under the integrated service plan.
AB130-engrossed,36,316
46.56
(14) (a) (intro.) In order to support the development of a comprehensive
17system of coordinated care for children with severe disabilities and their families, the
18department shall establish a statewide advisory committee with representatives of
19county departments, the department of public instruction, educational agencies,
20professionals experienced in the provision of services to children with severe
21disabilities, families with children with severe disabilities, advocates for such
22families and their children, the subunit of the department that administers
23vocational rehabilitation, the technical college system, health care providers, courts
24assigned to exercise jurisdiction under
ch. chs. 48
and 938, child welfare officials, and
25other appropriate persons as selected by the department. The department may use
1an existing committee for this purpose if it has representatives from the listed groups
2and is willing to perform the required functions. This committee shall do all of the
3following:
AB130-engrossed,36,118
48.02
(1) "Adult" means a person who is 18 years of age or older
, except that
9for purposes of prosecuting a person who is alleged to have violated any state or
10federal criminal law or any civil law or municipal ordinance, "adult" means a person
11who has attained 17 years of age.
AB130-engrossed,36,1613
48.02
(2) "Child" means a person who is less than 18 years of age
, except that
14for purposes of prosecuting a person who is alleged to have violated a state or federal
15criminal law or any civil law or municipal ordinance, "child" does not include a person
16who has attained 17 years of age.
AB130-engrossed,36,1918
48.02
(2m) "Court", when used without further qualification, means the court
19assigned to exercise jurisdiction under this chapter
and ch. 938.