SB436: Bill Text

Note: Replaces parentheses and pronouns for greater clarity and conformity with current style.

SB436, s. 95 Section 95. 46.031 (1) (a) of the statutes is amended to read:

SB436,39,7 46.031 (1) (a) Each county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 shall submit to the department by December 31 annually its final budget for services directly provided or purchased to the department by December 31 annually.

Note: Reorders text for greater clarity.

SB436, s. 96 Section 96. 46.215 (2) (c) 1. of the statutes, as affected by 1995 Wisconsin Act 27, sections 2074 and 9126 (15), is amended to read:

SB436,39,22 46.215 (2) (c) 1. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for care and services to be purchased, except for care and services under subch. III of ch. 49 or s. 301.08 (2). The contracts shall be developed under s. 46.036. The department of health and family services may review the contracts and approve them if they are consistent with s. 46.036 and if state or federal funds are available for such purposes. The joint committee on finance may require the department of health and family services to submit the contracts to the committee for review and approval. The department of health and family services may not make any payments to a county for programs included in a contract under review by the committee. The department of health and family services shall reimburse each county for the contracts from the appropriations under s. 20.435 (3) (oo) and (7) (b) and (o) or under s. 20.435 (3) (cd), as appropriate, under s. 46.495.

Note: The stricken text was deleted from s. 46.215 (2) (c) 1. by 1995 Wisconsin Act 27, section 2074, without showing the language as stricken through. This amendment is made to confirm that the deletion was intended.

SB436, s. 97 Section 97 . 46.25 (7) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB436,40,19 46.25 (7) The department may represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation. The department may delegate its authority to represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation under this section to an attorney responsible for support enforcement under s. 59.458 (1) pursuant to a contract entered into under s. 59.07 (97). The department shall ensure that any such contract is for an amount reasonable and necessary to assure quality service. The department may, by such a contract, authorize a county to contract with any attorney, collection agency or other person to collect unpaid child support or maintenance. If a county fails to fully implement the programs under s. 59.07 (97), the department may implement them and may contract with any appropriate person to obtain necessary services. The department of industry, labor and human relations may transfer funds appropriated under s. 20.445 (3) (p) to the department of health and social services for the purpose of shall establish a formula for disbursing the transferred funds, under a formula established by the department of health and social services, appropriated under s. 20.435 (4) (p) to carry out a contract under this subsection.

Note: 1995 Wis. Act 27 amends s. 46.25 (7) effective on the day after publication. The amendment was for the purpose of transferring public assistance programs from the department of health and social services to the department of industry, labor and human relations. Section 9426 (14) of Act 27 provides for this transfer to be made effective 7-1-96. Through an error s. 46.23 (7), stats., and not s. 46.25 (7), stats., was included in s. 9426 (14). The above amendment returns s. 46.25 (7) to its pre-Act 27 status. The following section of this bill recreates the amendment of s. 46.25 (7) by Act 27, effective 7-1-96.

SB436, s. 98 Section 98 . 46.25 (7) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is amended to read:

SB436,41,19 46.25 (7) The department may represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation. The department may delegate its authority to represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation under this section to an attorney responsible for support enforcement under s. 59.458 (1) pursuant to a contract entered into under s. 59.07 (97). The department shall ensure that any such contract is for an amount reasonable and necessary to assure quality service. The department may, by such a contract, authorize a county to contract with any attorney, collection agency or other person to collect unpaid child support or maintenance. If a county fails to fully implement the programs under s. 59.07 (97), the department may implement them and may contract with any appropriate person to obtain necessary services. The department shall establish a formula for of industry, labor and job development may transfer funds appropriated under s. 20.445 (3) (p) to the department of health and family services for the purpose of disbursing the transferred funds appropriated under s. 20.435 (4) (p), under a formula established by the department of health and family services, to carry out a contract under this subsection.

Note: See the note to the previous section of this bill.

SB436, s. 99 Section 99. 46.35 (4) (e) of the statutes is amended to read:

SB436,41,22 46.35 (4) (e) The state technical college system board of vocational, technical and adult education.

Note: The vocational, technical and adult education system was renamed the technical college system by 1993 Wis. Act 399.

SB436, s. 100 Section 100. 46.765 (2) (c) of the statutes is amended by replacing "dieticians" with "dietitians".

Note: Corrects spelling.

SB436, s. 101 Section 101. 46.90 (4) (b) 2. a. of the statutes is amended to read:

SB436,42,7 46.90 (4) (b) 2. a. Any employe of a state agency who is discharged or otherwise discriminated against may file a complaint with the personnel commission under s. 230.45 (1) (j). In this subparagraph subd. 2. a., "agency" has the meaning provided under s. 111.32 (6) (a).

Note: Corrects form of reference.

SB436, s. 102 Section 102. 48.295 (1) of the statutes is amended by replacing "masters degree" with "master's degree".

Note: Corrects spelling.

SB436, s. 103 Section 103. 48.296 (1) (b) of the statutes is amended to read:

SB436,42,11 48.296 (1) (b) "HIV" has the meaning given in s. 252.01 (1) (1m).

Note: Corrects cross-reference. Section 252.01 (1) was renumbered s. 252.01 (1m) by 1993 Wis. Act 252.

SB436, s. 104 Section 104. 48.30 (5) (c) 1. of the statutes is amended by replacing "under s. 46.22, 46.23 or 46.215" with "under s. 46.215, 46.22 or 46.23".

Note: Places cross-references in correct order.

SB436, s. 105 Section 105. 48.30 (5) (d) 1. of the statutes is amended by replacing "under s. 46.22, 46.23 or 46.215" with "under s. 46.215, 46.22 or 46.23".

Note: Places cross-references in correct order.

SB436, s. 106 Section 106. The amendments of 48.34 (intro.) of the statutes by 1993 Wisconsin Act 491 and 1995 Wisconsin Act 22 are not repealed by 1995 Wisconsin Act 24. All amendments stand.

Note: There is no conflict of substance.

SB436, s. 107 Section 107. The amendment of 48.34 (2m) of the statutes by 1993 Wisconsin Act 377 is not repealed by 1995 Wisconsin Act 27, section 2451p. Both amendments stand.

Note: 1995 Wis. Act 27, s. 2451p, states that s. 48.34 (2m) is amended as affected by 1993 Wis. Act 377. However, s. 2451p does not include the changes to s. 48.34 (2m) by 1993 Wis. Act 377. As amended, s. 48.34 (2m) reads:

48.34 (2m) Place the child in the child's home under the supervision of an agency or the department of health and social services, if that department approves, and order the agency or department to provide specified services to the child and the child's family, which may include but are not limited to individual, family or group counseling, homemaker or parent aide services, respite care, housing assistance, day care or parent skills training.

SB436, s. 108 Section 108. 48.34 (12) (a) 4. of the statutes is amended by replacing "vocational, technical and adult education" with "technical college".

Note: The vocational, technical and adult education system was renamed the technical college system by 1993 Wis. Act 399.

SB436, s. 109 Section 109. 48.34 (12) (c) of the statutes is amended by replacing "vocational, technical and adult education" with "technical college".

Note: The vocational, technical and adult education system was renamed the technical college system by 1993 Wis. Act 399.

SB436, s. 110 Section 110. 48.346 (1) (e) of the statutes is amended by replacing "s. 252.01 (1)" with "s. 252.01 (1m)".

Note: Corrects cross-reference. Section 252.01 (1) was renumbered s. 252.01 (1m) by 1993 Wis. Act 252.

SB436, s. 111 Section 111. 48.355 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 2465n, is amended to read:

SB436,44,5 48.355 (4) (a) Except as provided under par. (b) or s. 48.368, all orders under this section shall terminate at the end of one year unless the judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions shall terminate at the end of one year unless the judge specifies a shorter period of time. No extension under s. 48.365 of an original dispositional order may be granted for a child whose legal custody has been transferred to the department of corrections under s. 48.34 (4g) or who is under the supervision of the department under s. 48.34 (4m) or (4n) or under the supervision of a county department under s. 48.34 (4n) if the child is 17 years of age or older when the original dispositional order terminates. Any order made before the child reaches the age of majority shall be effective for a time up to one year after its entry unless the judge specifies a shorter period of time.

Note: The language stricken above was deleted from s. 48.355 (4) (a) by 1995 Wis. Act 27, s. 2465m. Section 2465n stated that it amended s. 48.355 (4) (a), as affected by s. 2465n, but the language stricken above was inadvertently retained.

SB436, s. 112 Section 112. 48.357 (4) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB436,44,17 48.357 (4) (a) When the child is placed with the department of corrections, the department of corrections may, after an examination under s. 48.555, place the child in a secured correctional facility or in a secured child caring institution or on aftercare or corrective sanctions supervision, either immediately or after a period of placement in a secured correctional facility. The department shall send written notice of the change to the parent, guardian, legal custodian, county department designated under s. 48.34 (4n), if any, and committing court. A child who is who placed in a secured child caring institution remains under the supervision of the department of corrections, remains subject to the rules and discipline of that department and is considered to be in custody, as defined in s. 946.42 (1) (a).

Note: Corrects word order.

SB436, s. 113 Section 113 . 48.396 (2) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB436,45,4 48.396 (2) (e) Upon request of the department of corrections health and social services to review court records for the purpose of providing, under s. 980.015 (3) (a), the department of justice or a district attorney with a person's offense history, the court shall open for inspection by authorized representatives of the department of corrections health and social services the records of the court relating to any child who has been adjudicated delinquent for a sexually violent offense, as defined in s. 980.01 (6).

Note: See the note to the next section of this bill.

SB436, s. 114 Section 114 . 48.396 (2) (e) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is amended to read:

SB436,45,13 48.396 (2) (e) Upon request of the department of health and social services corrections to review court records for the purpose of providing, under s. 980.015 (3) (a), the department of justice or a district attorney with a person's offense history, the court shall open for inspection by authorized representatives of the department of health and social services corrections the records of the court relating to any child who has been adjudicated delinquent for a sexually violent offense, as defined in s. 980.01 (6).

Note: The amendments of s. 48.396 (2) (e), by this bill, are made to clarify that the amendment of s. 48.396 (2) (e) by 1995 Wis. Act 27 takes effect on 7-1-96. The first amendment returns the provision to its pre-Act 27 status. The second amendment recreates the amendment made by Act 27, effective 7-1-96. Act 27 transfers juvenile correction services from the department of health and social services to the department of corrections effective 7-1-96. Section 48.396 (2) (e) was amended by 1995 Wis. Act 27 to implement this change, but no provision was made to provide that the effective date for this amendment be 7-1-96. Section 9426 (19t) provided that the repeal and recreation of s. 48.396 (2) (e) was to take effect on 7-1-96 but there is no repeal and recreation of s. 48.396 (2) (e) by Act 27.

SB436, s. 115 Section 115. 48.415 (intro.) and (1) of the statutes are renumbered 48.415 (1) (intro.) and (1m).

Note: These provisions are renumbered to accommodate the changes made by the next section of this bill.

SB436, s. 116 Section 116. 48.415 (1) (title) and (a) to (h) of the statutes are created to read:

SB436,45,17 48.415 (1) (title) Grounds.

SB436,45,18 (a) Abandonment.

SB436,46,1 (b) Continuing need of protection or services.

SB436,46,2 (c) Continuing parental disability.

SB436,46,3 (d) Continuing denial of periods of physical placement.

SB436,46,4 (e) Child abuse.

SB436,46,5 (f) Failure to assume parental responsibility.

SB436,46,6 (g) Incestuous parenthood.

SB436,46,7 (h) Intentional homicide of a parent.

Note: Section 48.415 (intro.) states, "Grounds for termination of parental rights shall be one of the following:", but the grounds are only listed in the titles of the subsections which follow. Under s. 990.001 (6), titles are not part of the statutes.

SB436, s. 117 Section 117. 48.42 (4) (c) 3. of the statutes is amended by replacing "40 days" with "15 days".

Note: The time for filing a notice of appeal was shortened from 40 days to 15 days by the treatment of s. 808.04 (7m) by 1993 Wis. Act 395. Sub. (3) (d) of this section was amended to reflect this change, but this provision was not.

SB436, s. 118 Section 118 . 48.533 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 2547m, is amended to read:

SB436,47,14 48.533 (2) Corrective sanctions program. From the appropriation under s. 20.435 (3) (hr), the department shall provide a corrective sanctions program to serve an average daily population of 105 children, or an average daily population of more that than 105 children if the appropriation under s. 20.435 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2), in not less than 3 counties, including Milwaukee county. The juvenile offender review program in the department shall evaluate and select for participation in the program children who have been placed in a secured correctional facility under s. 48.34 (4m). The department shall place a program participant in the community, provide intensive surveillance of that participant and provide an average of $5,000 per year per participant to purchase community-based treatment services for each participant. The department shall make the intensive surveillance required under this subsection available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department shall provide a report center in Milwaukee county to provide on-site programming after school and in the evening for children from Milwaukee county who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 children and, during the initial phase of placement in the community under the program of a child who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that child. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 children. The department shall promulgate rules to implement the program.

Note: 1995 Wis. Act 27 inserted "that" in place of "than" without showing the change with strikes and underscores. No change was intended.

SB436, s. 119 Section 119 . 48.533 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 2547p, is amended to read:

SB436,48,19 48.533 (2) Corrective sanctions program. From the appropriation under s. 20.410 (3) (hr), the department of corrections shall provide a corrective sanctions program to serve an average daily population of 105 children, or an average daily population of more that than 105 children if the appropriation under s. 20.410 (3) (hr) is supplemented under s. 13.101 or 16.515 and the positions for the program are increased under s. 13.101 or 16.505 (2), in not less than 3 counties, including Milwaukee County. The juvenile offender review program in the division of juvenile corrections in the department of corrections shall evaluate and select for participation in the program children who have been placed in the serious juvenile offender program under s. 48.34 (4h) or a secured correctional facility under s. 48.34 (4m). The department of corrections shall place a program participant in the community, provide intensive surveillance of that participant and provide an average of $5,000 per year per participant to purchase community-based treatment services for each participant. The department of corrections shall make the intensive surveillance required under this subsection available 24 hours a day, 7 days a week, and may purchase or provide electronic monitoring for the intensive surveillance of program participants. The department of corrections shall provide a report center in Milwaukee County to provide on-site programming after school and in the evening for children from Milwaukee County who are placed in the corrective sanctions program. A contact worker providing services under the program shall have a case load of approximately 10 children and, during the initial phase of placement in the community under the program of a child who is assigned to that contact worker, shall have not less than one face-to-face contact per day with that child. Case management services under the program shall be provided by a corrective sanctions agent who shall have a case load of approximately 15 children. The department of corrections shall promulgate rules to implement the program.

Note: See the note to the previous section of this bill.

SB436, s. 120 Section 120. 48.75 (1r) of the statutes is amended by replacing "s. 49.19 (12)" with "s. 48.62 (4)".

Note: Corrects cross-reference. Section 49.19 (12) was renumbered s. 48.62 (3) by 1993 Wis. Act 437 and subsequently renumbered s. 48.62 (4) by 1993 Wis. Act 491.

SB436, s. 121 Section 121. The amendment of 49.01 (5m) of the statutes by 1995 Wisconsin Act 18 is not repealed by 1995 Wisconsin Act 27, section 2657b. Both amendments stand.

Note: There is no conflict of substance.

SB436, s. 122 Section 122. 49.19 (5) (a) 1. of the statutes is amended to read:

SB436,49,9 49.19 (5) (a) 1. All earned income of each dependent child included in the grant who is: a) a full-time student; or b) a part-time student who is not a full-time employe. For purposes of this subdivision a student is an individual attending a school, college, university or a course of vocational or technical training designed to fit him or her for gainful employment.

Note: Deletes improper numbering designations for greater conformity with current style.

SB436, s. 123 Section 123. 49.193 (1) (c) of the statutes is amended by replacing "vocational, technical and adult education" with "technical college system".

Note: The vocational, technical and adult education system was renamed the technical college system by 1993 Wis. Act 399.

SB436, s. 124 Section 124. 49.45 (3) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB436,49,18 49.45 (3) (a) Reimbursement shall be made to each county department under ss. 46.215 and, 46.22 and 46.23 for the administrative services performed in the medical assistance program on the basis of s. 49.33 (8). For purposes of reimbursement under this paragraph, assessments completed under s. 46.27 (6) (a) are administrative services performed in the medical assistance program.

Note: 1995 Wis. Act 27 deleted the stricken language and inserted the underscored language without strikes and underscores. This amendment confirms that the changes were intended.

SB436, s. 125 Section 125. 49.47 (6) (a) 6. a. of the statutes is amended to read:

SB436,50,3 49.47 (6) (a) 6. a. In this subdivision: 1),"entitled to coverage under part A of medicare" means eligible for and enrolled in part A of medicare under 42 USC 1395c to 1395f; 2).

SB436,50,5 ag. In this subdivision,"entitled to coverage under part B of medicare" means eligible for and enrolled in part B of medicare under 42 USC 1395j to 1395L; and 3).