AB150-engrossed,717,20
1146.001 Purposes of chapter. The purposes of this chapter are to conserve
12human resources in Wisconsin; to provide a just and humane program of services to
13children in need of protection or services and nonmarital children; to prevent
14dependency, mental illness, developmental disability, mental infirmity
, delinquency 15and other forms of social maladjustment by a continuous attack on causes; to provide
16effective aid and services to all persons in need thereof and to assist those persons
17to achieve or regain self-dependence at the earliest possible date;
to provide a just,
18humane and efficient program for the rehabilitation of juvenile delinquents; to avoid
19duplication and waste of effort and money on the part of public and private agencies;
20and to coordinate and integrate a social welfare program.
AB150-engrossed,717,23
2246.011 Definitions. (intro.) In chs. 46
to, 48, 50, 51, 55 and 58
, unless the
23context requires otherwise:
AB150-engrossed,718,5
146.016 Cooperation with federal government. The department may
2cooperate with the federal government in carrying out federal acts concerning public
3assistance, social security, child welfare and youth services,
youth corrections, 4mental hygiene, services for the blind
, vocational rehabilitation, and in other
5matters of mutual concern pertaining to public welfare.
AB150-engrossed,718,11
746.02 Agency powers and duties. Any institution which is subject to chs.
846
, 48 to 51, 55 and 58 and to regulation under ch. 150 shall, in cases of conflict
9between chs. 46
, 48 to 51, 55 and 58 and ch. 150, be governed by ch. 150. The
10department shall promulgate rules and establish procedures for resolving any such
11controversy.
AB150-engrossed,718,1815
46.03
(1) Institutions governed. Maintain and govern
all secured correctional
16facilities, as defined in s. 48.02 (15m), that are operated by the department; the
17Mendota and the Winnebago mental health institutes; and the centers for the
18developmentally disabled.
AB150-engrossed,719,620
46.03
(4) (b) 1. The department, in order to discharge more effectively its
21responsibilities under this chapter and ch. 48 and other relevant provisions of the
22statutes, is authorized to study causes and methods of prevention and treatment of
23juvenile delinquency, mental illness, mental deficiency, mental infirmity, and related
24social problems, including establishment of demonstration projects to apply and
25evaluate such methods in actual cases. The department is directed and authorized
1to utilize all powers provided by the statutes, including the authority under sub. (2a),
2to accept grants of money or property from federal, state or private sources, and to
3enlist the cooperation of other appropriate agencies and state departments; it may
4enter into agreements with local government subdivisions, departments and
5agencies for the joint conduct of such projects; and it may purchase services when
6deemed appropriate.
AB150-engrossed, s. 2026r
7Section 2026r. 46.03 (6) of the statutes, as affected by 1993 Wisconsin Acts 377
8and 385, is repealed.
AB150-engrossed,719,1710
46.03
(7) (a) Promote the enforcement of laws for the protection of
11developmentally disabled children,
delinquent children, children in need of
12protection or services and nonmarital children; and to this end cooperate with courts
13assigned to exercise jurisdiction under ch. 48 and licensed child welfare agencies and
14institutions (public and private) and take the initiative in all matters involving the
15interests of such children where adequate provision therefor has not already been
16made, including the establishment and enforcement of standards for services
17provided under
ss. 48.34 and s. 48.345.
AB150-engrossed,720,622
46.03
(7) (bm) Maintain a file containing records of artificial inseminations
23under s. 891.40
and records of declarations of paternal interest under s. 48.025 and
24of statements acknowledging paternity under s. 69.15 (3) (b). The department shall
25release these records only upon an order of the court except that the department may
1use nonidentifying information concerning artificial inseminations for the purpose
2of compiling statistics
and except that records relating to declarations of paternal
3interest and statements acknowledging paternity may be used without a court order
4upon the request of the department or its designee under s. 59.07 (97) pursuant to
5the program responsibilities under s. 46.25 or by any other person with a direct and
6tangible interest in the record.
AB150-engrossed,720,149
46.03
(7m) Foster care. For the In each federal fiscal
years commencing
10October 1, 1994, and October 1, 1995 year, ensure that there are no more than 2,200
11children in foster care and treatment foster care placements for more than 24
12months, consistent with the best interests of each child. Services provided in
13connection with this requirement shall comply with the requirements under P.L.
1496-272.
AB150-engrossed,720,1817
103.005
(17) Administer The department shall administer those programs of
18public assistance
, as provided in that are specified in subch. III of ch. 49.
AB150-engrossed,721,421
46.03
(13) Charges. In compliance with the compensation plan established
22under s. 230.12 (3), have authority to make and determine charges for meals, living
23quarters, laundry and other services furnished to employes of the several
24institutions and members of the employe's family maintained as such. All moneys
25received from each person on account of these services shall be used for operation of
1the institutions under s. 20.435 (2) (a) and (gk)
and (3) (a), (hm) and (j). If a chaplain
2employed in any state institution administered by the department is not furnished
3a residence by the state, $1,800 or 20% of the chaplain's salary, whichever is greater,
4is designated as his or her housing allowance.
AB150-engrossed,721,238
46.03
(18) (a) Except as provided in s. 46.10 (14) (b) and (c), the department of
9health and social services shall establish a uniform system of fees for services
10provided or purchased by the department of health and social services, or a county
11department under s. 46.215, 46.22, 51.42 or 51.437, except for services
provided
12under subch. III of ch. 49; services relating to adoption
, or; services provided to
13courts
, for provision of child support and paternity establishment services to
14recipients of aid to families with dependent children or for; outreach, information
15and referral services
,; or where
, as determined by the department of health and
16social services, a fee is administratively unfeasible or would significantly prevent
17accomplishing the purpose of the service. A county department under s. 46.215,
1846.22, 51.42 or 51.437 shall apply the fees which it collects under this program to
19cover the cost of such services. The department of health and social services shall
20report to the joint committee on finance no later than March 1 of each year on the
21number of children placed for adoption by the department of health and social
22services during the previous year and the costs to the state for services relating to
23such adoptions.
AB150-engrossed,722,6
146.03
(20) (a)
The Except for payments provided under subch. III of ch. 49, the 2department may make payments directly to recipients of public assistance or to such
3persons authorized to receive such payments in accordance with law and rules of the
4department on behalf of the counties.
The Except for payments provided under
5subch. III of ch. 49, the department may charge the counties for the cost of operating
6public assistance systems which make such payments.
AB150-engrossed,722,98
46.03
(20) (d) The department shall disburse from state or federal funds or both
9the entire amount and charge the county for its share under s.
49.52 46.495.
AB150-engrossed,722,1612
49.32
(3) Uniform manual. Adopt The department shall adopt policies and
13procedures and a uniform county policy and procedure manual to minimize
14unnecessary variations between counties in the administration of the aid to families
15with dependent children program. The department shall also require each county
16to use the manual in the administration of the program.
AB150-engrossed,722,2120
49.32
(4) Employment of aid recipients.
Assist The department shall assist 21state agencies in efforts under s. 230.147 to employ recipients of aid under s. 49.19.
AB150-engrossed,723,424
49.32
(5) Employment and training and education manual. In conjunction
25with the department of industry, labor and human relations, produce
The
1department shall produce a manual describing employment and training and
2education programs for which recipients of public assistance benefits under
ch. 49 3this subchapter may qualify. The department shall distribute the manual, free of
4charge, to each county department under s. 46.215, 46.22 or 46.23.
AB150-engrossed,723,186
46.03
(38) Welfare reform studies. Request proposals from persons in this
7state for studies of the effectiveness of various program changes, referred to as
8welfare reform, to
the aid to families with dependent children program and the
9medical assistance program, including the
requirement that certain recipients of aid
10to families with dependent children with children under age 6 participate in training
11programs, the requirement under s. 49.50 (7) (g) that certain teenage recipients of
12aid to families with dependent children remain in school, the modification of the
13earned income disregard under s. 49.19 (5) (am) and the extension of medical
14assistance benefits under ss. 49.46 (1) (co) and 49.47 (4) (am). The studies shall
15evaluate the effectiveness of the various efforts, including their cost-effectiveness,
16in helping individuals gain independence through the
securing of jobs, the 17availability of health insurance coverage
and providing financial incentives and in
18identifying barriers to independence.
AB150-engrossed, s. 2039g
19Section 2039g. 46.031 (1) (a) of the statutes is renumbered 46.031 (1) (a)
20(intro.) and amended to read:
AB150-engrossed,723,2521
46.031
(1) (a) (intro.) Each county department under s. 46.215, 46.22, 46.23,
2251.42 or 51.437 shall submit its final budget for services directly provided or
23purchased to the department by December 31 annually.
The final budget shall be
24submitted on a uniform budget reporting form that the department shall develop and
25distribute for use and that shall include all of the following:
AB150-engrossed,724,42
46.031
(1) (a) 1. Uniform definitions of target populations and of programs and
3services that a county provides or purchases using funds allocated and distributed
4under s. 46.40.
AB150-engrossed,724,65
2. Planned expenditures for the programs and services specified in subd. 1. that
6are separately identified by at least the following sources of funding:
AB150-engrossed,724,77
a. State-distributed funds.
AB150-engrossed,724,88
b. Funds obtained from levy of county property tax.
AB150-engrossed,724,99
c. Client and 3rd-party fees.
AB150-engrossed,724,1211
3. Estimates of the number of clients to be served under each program or service
12that the county plans to provide or purchase using funds allocated under s. 46.40.
AB150-engrossed,724,2014
46.031
(2g) (b) The department may not approve contracts for amounts in
15excess of available revenues. The county board of supervisors in a county with a
16single-county department or the county boards of supervisors in counties with a
17multicounty department may appropriate funds not used to match state funds under
18ss.
49.52 (1) 46.495 (1) (d) and 51.423. Actual expenditure of county funds shall be
19reported in compliance with procedures developed by the department, and shall
20comply with standards guaranteeing quality of care comparable to similar facilities.
AB150-engrossed,725,7
2346.032 Income maintenance administration. County departments under
24ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department
25detailing the reasonable cost of administering the income maintenance programs
1under ss.
49.046, 49.19, 49.45 to 49.47 and 49.50 (7) and the food stamp program
2under
7 USC 2011 to
2029 when so appointed by the department. Contracts created
3under this section control the distribution of payments under s. 20.435 (4) (de) and
4(nL) in accordance with the reimbursement method established under s. 49.52 (1)
5(ad). The department may reduce its payment to any county under s. 20.435 (4) (de)
6and (nL) if federal reimbursement is withheld due to audits, quality control samples
7or program reviews.
AB150-engrossed, s. 2043
8Section
2043. 46.032 of the statutes, as affected by 1995 Wisconsin Act .... (this
9act), is renumbered 49.33 (2) and amended to read:
AB150-engrossed,725,1910
49.33
(2) (title)
Contracts. County departments under ss. 46.215, 46.22 and
1146.23 shall annually enter into a contract with the department detailing the
12reasonable cost of administering the income maintenance programs under ss. 49.19,
1349.26 (1) and 49.45 to 49.47
and 49.50 (7) and the food stamp program under
7 USC
142011 to
2029 when so appointed by the department. Contracts created under this
15section control the distribution of payments under s.
20.435 (4) 20.445 (3) (de) and
16(nL) in accordance with the reimbursement method established under s.
49.52 (1)
17(ad) 49.33 (8). The department may reduce its payment to any county under s.
20.435
18(4) 20.445 (3) (de) and (nL) if federal reimbursement is withheld due to audits,
19quality control samples or program reviews.
AB150-engrossed,726,223
46.033
(1) (a) "Income maintenance program" means
relief of needy Indian
24persons under s. 49.046, aid to families with dependent children under s. 49.19,
1medical assistance under ss. 49.45 to 49.47 or the food stamp program under
7 USC
22011 to
2029.
AB150-engrossed, s. 2047
3Section
2047. 46.033 (1) (a) of the statutes, as affected by 1995 Wisconsin Act
4.... (this act), is renumbered 49.33 (1) (b) and amended to read:
AB150-engrossed,726,75
49.33
(1) (b) "Income maintenance program" means aid to families with
6dependent children under s. 49.19, medical assistance under
ss. 49.45 to 49.47 subch.
7IV of ch. 49 or the food stamp program under
7 USC 2011 to
2029.
AB150-engrossed,726,2011
46.036
(1) All care and services purchased by the department or by a county
12department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 shall be authorized and
13contracted for under the standards established under this section.
The department
14may require the county departments to submit the contracts to the department for
15review and approval. For purchases of $10,000 or less the requirement for a written
16contract may be waived by the department. No contract is required for care provided
17by foster homes or treatment foster homes that are required to be licensed under s.
1848.62. When the department directly contracts for services, it shall follow the
19procedures in this section in addition to meeting purchasing requirements
20established in s. 16.75.
AB150-engrossed, s. 2051
21Section
2051
. 46.036 (1) of the statutes, as affected by 1995 Wisconsin Act ....
22(this act), is amended to read:
AB150-engrossed,727,723
46.036
(1) All care and services purchased by the department or by a county
24department under s. 46.215, 46.22, 46.23, 51.42 or 51.437
, except as provided under
25subch. III of ch. 49 and s. 301.08 (2), shall be authorized and contracted for under the
1standards established under this section. The department may require the county
2departments to submit the contracts to the department for review and approval. For
3purchases of $10,000 or less the requirement for a written contract may be waived
4by the department. No contract is required for care provided by foster homes or
5treatment foster homes that are required to be licensed under s. 48.62. When the
6department directly contracts for services, it shall follow the procedures in this
7section in addition to meeting purchasing requirements established in s. 16.75.
AB150-engrossed,727,1610
46.041
(1) (a) Provide for the temporary residence and evaluation of children
11referred from courts assigned to exercise jurisdiction under ch. 48, the institutions
12and services under the jurisdiction of the department,
university of Wisconsin
13hospital and clinics University of Wisconsin Hospitals and Clinics Authority, county
14departments under s. 46.215, 46.22 or 46.23, private child welfare agencies, schools
15for the deaf and visually handicapped, and mental health facilities within the state
16at the discretion of the superintendent.
AB150-engrossed,727,24
1846.043 Secured adolescent treatment unit. The department shall provide
19a secured adolescent treatment unit at the Mendota Mental Health Institute. The
20department may designate not more than 43 beds at the secured adolescent
21treatment unit as secured correctional facility, as defined in s. 48.02 (15m), beds.
22From the appropriation under s. 20.435 (3) (hm), the department may expend not
23more than $2,864,200 in fiscal year 1995-96 for services for children placed in that
24secured adolescent treatment unit.
AB150-engrossed, s. 2052r
1Section 2052r. 46.043 of the statutes, as created by 1995 Wisconsin Act ....
2(this act), is amended to read:
AB150-engrossed,728,13
346.043 Secured adolescent treatment unit. The department shall provide
4a secured adolescent treatment unit at the Mendota Mental Health Institute. The
5department may designate not more than 43 beds at the secured adolescent
6treatment unit as secured correctional facility, as defined in s. 48.02 (15m), beds.
7From the appropriation under s.
20.435 20.410 (3) (hm), the department
of
8corrections may expend not more than
$2,864,200
$2,500,000 in fiscal year
1995-96 91996-97 for services for children placed in that secured adolescent treatment unit.
10The department of health and social services may charge the department of
11corrections not more than the actual cost of providing services for children under the
12supervision of the department of corrections who are provided services at the secured
13adolescent treatment unit.
AB150-engrossed, s. 2054
16Section
2054. 46.10 (2) of the statutes, as affected by 1993 Wisconsin Acts 479,
17section 8, and 481, section 9, is amended to read:
AB150-engrossed,729,2018
46.10
(2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
19including but not limited to a person admitted, committed or placed under s. 975.01,
201977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.34 (4m),
2148.357 (4) and (5) (e), 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45
22(10), (11), (12) and (13), 55.05, 55.06, 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06,
23receiving care, maintenance, services and supplies provided by any institution in
24this state including
university of Wisconsin hospital and clinics University of
25Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of
1the person's care, maintenance, services and supplies, any person receiving care and
2services from a county department established under s. 51.42 or 51.437 or from a
3facility established under s. 49.175, and any person receiving treatment and services
4from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08
5(5) and the person's property and estate, including the homestead, and the spouse
6of the person, and the spouse's property and estate, including the homestead, and,
7in the case of a minor child, the parents of the person, and their property and estates,
8including their homestead, and, in the case of a foreign child described in s. 48.839
9(1) who became dependent on public funds for his or her primary support before an
10order granting his or her adoption, the resident of this state appointed guardian of
11the child by a foreign court who brought the child into this state for the purpose of
12adoption, and his or her property and estate, including his or her homestead, shall
13be liable for the cost of the care, maintenance, services and supplies in accordance
14with the fee schedule established by the department under s. 46.03 (18). If a spouse,
15widow or minor, or an incapacitated person may be lawfully dependent upon the
16property for their support, the court shall release all or such part of the property and
17estate from the charges that may be necessary to provide for those persons. The
18department shall make every reasonable effort to notify the liable persons as soon
19as possible after the beginning of the maintenance, but the notice or the receipt
20thereof is not a condition of liability.
AB150-engrossed, s. 2055
21Section
2055
. 46.10 (2) of the statutes, as affected by 1993 Wisconsin Acts 385,
22479 and 481 and 1995 Wisconsin Act .... (this act), is amended to read:
AB150-engrossed,730,2523
46.10
(2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
24including but not limited to a person admitted, committed or placed under s. 975.01,
251977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.34
(4h) or
1(4m), 48.357 (4) and (5) (e), 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5),
251.45 (10), (11), (12) and (13), 55.05, 55.06, 971.14 (2) and (5), 971.17 (1), 975.06 and
3980.06, receiving care, maintenance, services and supplies provided by any
4institution in this state including University of Wisconsin Hospitals and Clinics, in
5which the state is chargeable with all or part of the person's care, maintenance,
6services and supplies, any person receiving care and services from a county
7department established under s. 51.42 or 51.437 or from a facility established under
8s.
49.175 49.73, and any person receiving treatment and services from a public or
9private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the
10person's property and estate, including the homestead, and the spouse of the person,
11and the spouse's property and estate, including the homestead, and, in the case of a
12minor child, the parents of the person, and their property and estates, including their
13homestead, and, in the case of a foreign child described in s. 48.839 (1) who became
14dependent on public funds for his or her primary support before an order granting
15his or her adoption, the resident of this state appointed guardian of the child by a
16foreign court who brought the child into this state for the purpose of adoption, and
17his or her property and estate, including his or her homestead, shall be liable for the
18cost of the care, maintenance, services and supplies in accordance with the fee
19schedule established by the department under s. 46.03 (18). If a spouse, widow or
20minor, or an incapacitated person may be lawfully dependent upon the property for
21their support, the court shall release all or such part of the property and estate from
22the charges that may be necessary to provide for those persons. The department
23shall make every reasonable effort to notify the liable persons as soon as possible
24after the beginning of the maintenance, but the notice or the receipt thereof is not
25a condition of liability.
AB150-engrossed,731,102
46.10
(14) (b) Except as provided in par. (c) and subject to par. (cm), liability
3of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the
4parent's minor child who has been placed by a court order under s. 48.355 or 48.357
5in a residential, nonmedical facility such as a group home, foster home, treatment
6foster home, child caring institution or juvenile correctional institution shall be
7determined by the court by using the percentage standard established by the
8department
of revenue under s.
46.25
73.25 (9) (a) and by applying the percentage
9standard in the manner established by the department
of revenue under s.
46.25 1073.25 (9) (b).