46.56(8)(L)
(L) In providing integrated services under this section, the service coordination agency and the designated service providers shall include in the integrated service plan all individuals who are active in the care of the child with severe disabilities, including members of the child's family, foster parents, treatment foster parents and other individuals who by close and continued association with the child have come to occupy significant roles in the care and treatment of the child with severe disabilities.
46.56(8)(m)
(m) Each service provider designated to provide services under the integrated service plan shall identify a specific staff person who shall serve as the ongoing member of a treatment team to ensure continuity and communication while services are being provided to the child with severe disabilities and his or her family under the integrated service plan. The service coordinator shall coordinate the operations of the treatment team.
46.56(8)(n)
(n) The service coordinator shall advocate for the child with severe disabilities and the child's family and ensure that they are provided the opportunity to participate in assessment, planning and ongoing review of services to the fullest extent possible.
46.56(8)(o)
(o) Services under this section shall be provided in the community in the least restrictive and least intrusive setting and manner which meets the best interests of the child with severe disabilities.
46.56(8)(p)
(p) An integrated service plan shall not be used to place or accomplish the placement of a child with severe disabilities outside his or her home. Any out-of-home placements may occur only under the statutory provisions specifically controlling such placements or admissions.
46.56(8)(q)
(q) An integrated service plan may not modify an individualized education program created for a child with severe disabilities under
ch. 115. The integrated service plan shall coordinate any educational services that are being provided to the child with severe disabilities with any treatment and support services that are being provided to the child with severe disabilities and that child's family.
46.56(8)(r)
(r) The service coordinator shall, when necessary and at least every 6 months, assemble the treatment team, the family of the child with severe disabilities, the child with severe disabilities, where appropriate, and any counsel, guardian ad litem or other person advocating for the interests of the child with severe disabilities or the child's family to review the integrated service plan, progress toward the goals of the integrated service plan, establish new goals, request the inclusion of new participating organizations, or otherwise modify the integrated service plan to better meet the needs of the child with severe disabilities and the child's family. Decisions to amend the integrated service plan must be approved by the service coordinator, the treatment team, the family and, where the integrated service plan is being provided under a court order, by the court.
46.56(8)(s)
(s) Services under the integrated service plan may be terminated by the agreement of all participants that the goals of treatment and support have been met and that an integrated service plan is no longer needed, by order of the court if services are being provided under court order, by withdrawal of the family of the child with severe disabilities unless participation is court ordered, or by the service coordination agency upon a recommendation from the service coordinator and the treatment team, that further services are not in the child's best interests, or that the child with severe disabilities and child's family no longer meet the eligibility criteria for the program.
46.56(9)
(9) Immediate care. Individual county departments, agencies and other service providers may provide immediate services as necessary and appropriate to children with severe disabilities who have been referred for participation in the program while assessment and planning take place.
46.56(10)
(10) Relation to family support program. In any county that has a family support program under
s. 46.985, the integrated service program shall coordinate its activities with the family support program. The administering agency for the family support program may act as a service coordination agency for the integrated service program and the family support program advisory committee may act as the coordinating committee if the requirements of this section are met and the department gives its approval.
46.56(11)
(11) Informal conflict management. The department, administering agency, service coordination agencies and service coordinators shall establish and use informal means for conflict management, including consultation, mediation and independent assessment, whenever possible.
46.56(12)
(12) Administrative appeals. Decisions by the service coordination agency regarding eligibility, denial, termination, reduction or appropriateness of services may be appealed to the coordinating committee by a child with severe disabilities who is a service applicant or recipient or the parent or guardian or guardian ad litem of the applicant or recipient. Decisions of the coordinating committee may be appealed to the department under
ch. 227.
46.56(13)
(13) Review of actions by individual agencies. Nothing in this section shall limit, modify or expand the rights, remedies or procedures established in federal or state law for individuals or families receiving services provided by individual organizations that are participating in the integrated service plan.
46.56(14)(a)(a) In order to support the development of a comprehensive system of coordinated care for children with severe disabilities and their families, the department shall establish a statewide advisory committee with representatives of county departments, the department of education, educational agencies, professionals experienced in the provision of services to children with severe disabilities, families with children with severe disabilities, advocates for such families and their children, the subunit of the department of industry, labor and job development that administers vocational rehabilitation, the technical college system, health care providers, courts assigned to exercise jurisdiction under
chs. 48 and
938, child welfare officials, and other appropriate persons as selected by the department. The department may use an existing committee for this purpose if it has representatives from the listed groups and is willing to perform the required functions. This committee shall do all of the following:
46.56 Note
NOTE: Par. (a) (intro.) is shown as amended by
1995 Wis. Act 27. The treatment by Act 27 s. 9145 (1) was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Par. (a) (intro.), as not affected by Act 27 s. 9145 (1), reads as follows:
Effective date text
(a) In order to support the development of a comprehensive system of coordinated care for children with severe disabilities and their families, the department shall establish a statewide advisory committee with representatives of county departments, the department of public instruction, educational agencies, professionals experienced in the provision of services to children with severe disabilities, families with children with severe disabilities, advocates for such families and their children, the subunit of the department of industry, labor and job development that administers vocational rehabilitation, the technical college system, health care providers, courts assigned to exercise jurisdiction under chs. 48 and 938, child welfare officials, and other appropriate persons as selected by the department. The department may use an existing committee for this purpose if it has representatives from the listed groups and is willing to perform the required functions. This committee shall do all of the following:
46.56(14)(a)1.
1. Monitor the development of programs throughout the state and support communication and mutual assistance among operating programs as well as those that are being developed.
46.56(14)(a)2.
2. Within 2 years after August 9, 1989, submit a report to the governor and the chief clerk of each house of the legislature for distribution to appropriate standing committees on children, in the manner provided in
s. 13.172 (3). The report shall evaluate the development and implementation of these programs and provide recommendations for further action by the legislature or the department to improve coordinated services for children with severe disabilities and their families.
46.56(14)(b)
(b) The department shall provide, either directly or through purchase of services, the following support services to the counties that elect to participate in the program:
46.56(14)(b)1.
1. Consultation in the areas of developing individual integrated service plans, finding appropriate resources, and establishing and maintaining local programs.
46.56(14)(b)2.
2. Mediation to assist in the management of conflict among service providers or funding organizations or between service recipients and organizations.
46.56(14)(b)3.
3. Assessment resources for cases where no local evaluation resource is available or sufficient to enable development of an effective integrated service plan. These may be provided directly through state-operated programs or by referral to private service providers.
46.56(14)(c)
(c) The department shall evaluate the programs funded under this section. The report of this evaluation shall be submitted to the chief clerk of each house of the legislature for distribution to the appropriate standing committees on children, in the manner provided in
s. 13.172 (3), and shall be broadly disseminated to county departments and school districts. The evaluation shall be completed by January 1, 1992 and all organizations participating in the program shall cooperate with the evaluation. The evaluation shall include information about all of the following:
46.56(14)(c)1.
1. The number of days that children with severe disabilities served in the programs spent in out-of-home placement compared to other children with severe disabilities in the target group.
46.56(14)(c)2.
2. Whether or not the program's goals under
sub. (15) (e) have been met and the program's plan for allocating funding from institutional services to community-based services for children with severe disabilities has been implemented.
46.56(14)(c)3.
3. A comparison between any changes in problem behaviors of participants before and after participation in the program.
46.56(14)(c)4.
4. A comparison between school attendance and performance of participants before and after participation in the program.
46.56(14)(c)5.
5. A comparison between recidivism rates of participants who have a history of delinquency.
46.56(14)(c)7.
7. Types of services provided to children with severe disabilities and their families in the program through the integrated service plan and the cost of these services.
46.56(14)(c)8.
8. Fulfillment of the terms of the interagency agreements developed by the coordinating committee.
46.56(14)(d)
(d) Notwithstanding
sub. (1) (c) (intro.), if the state is funding the program in a particular county under
sub. (15), the department may permit the county to serve any individual who has severe disabilities and who has not attained 22 years of age if the individual's mental, physical, sensory, behavioral, emotional or developmental disabilities or whose combination of multiple disabilities meets the requirements specified in
sub. (1) (c) 1. to
4.
46.56(15)(a)(a) From the appropriation under
s. 20.435 (3) (co), the department shall make available funds to implement programs. The funds may be used to pay for the intake, assessment, case planning and service coordination provided under
sub. (8) and for expanding the capacity of the county to provide community-based care and treatment for children with severe disabilities.
46.56(15)(b)
(b) In order to apply for funds under this section the county board of supervisors shall do all of the following:
46.56(15)(b)1.
1. Establish a coordinating committee and designate an administering agency under
sub. (2).
46.56(15)(b)2.
2. Establish children with severe emotional disturbances to be the priority target group served by the program.
46.56(15)(b)3.
3. Submit a plan to the department for implementation of the integrated service program in accordance with the requirements of this section.
46.56(15)(b)4.
4. Submit a description of the existing services in the county for children with severe disabilities, an assessment of any gaps in services, and a plan for using the funds under this program or from other funding sources to develop or expand any needed community-based services such as in-home treatment, treatment foster care, day treatment, respite care or crisis services.
46.56(15)(c)
(c) In order to obtain funds under this section, matching funds equal to 20% of the requested funding shall be provided by the participating county departments and school districts. All of the participating county departments and school districts shall participate in providing the match, which may be cash or in-kind. The department shall determine what may be used as in-kind match.
46.56(15)(d)
(d) In order to apply for funding, at least one school district, cooperative educational service agency or county handicapped children's education board serving children with severe disabilities in the county must participate in the program.
46.56(15)(e)
(e) During the first year of funding under this section, the coordinating committee and the administering agency shall develop and submit to the department, for its approval, a set of goals for diverting children with severe disabilities from placements outside the home and a plan for allocating funding from institutional services to community-based services for children with severe disabilities. The coordinating committee and the administering agency shall also ensure that any funds saved, during the course of the program, as a result of the reduced use of institutional care by the target population will be allocated to community-based services for the target population.
46.56(15)(f)
(f) Funds allocated under this subsection may not be used to replace any other state and federal funds or any county funds that are being used to fund services for children with severe disabilities.
46.57
46.57
Grants for services to persons with epilepsy. 46.57(1)(1)
Definitions. In this section:
46.57(1)(a)
(a) "Agency" means a private nonprofit organization or a county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 which provides or proposes to provide direct services or indirect services to or on behalf of persons with epilepsy, their families or both.
46.57(1)(b)
(b) "Direct services" means services provided to a person with epilepsy or a member of the family of a person with epilepsy and includes counseling, referral to other services, case management, daily living skills training, providing information, parent helper services, employment services and support group services.
46.57(1)(c)
(c) "Indirect services" means services provided to a person working with or on behalf of a person with epilepsy and includes service provider training, community education, prevention programs and advocacy.
46.57(2)(a)(a) As provided under
s. 46.48 (14), the department shall distribute funds to agencies to provide direct services or indirect services to or on behalf of persons with epilepsy or their families or both.
46.57(2)(b)
(b) The department may not allocate more than $50,000 per year to any agency for the program under this section.
46.57(3)
(3) Criteria for awarding grants. In reviewing applications for grants, the department shall consider the following:
46.57(3)(a)
(a) The need for direct services and indirect services to persons with epilepsy and their families in the area in which the applicant provides services or proposes to provide services.
46.57(3)(b)
(b) Ways to ensure that both urban and rural areas receive services under the grant program.
46.57(4)
(4) Reporting. After each year that an agency operates a program funded under this section the agency shall provide the following information to the department:
46.57(4)(a)
(a) The estimated number of persons with epilepsy that reside within the area served by the agency.
46.57(4)(b)
(b) The number of persons with epilepsy and other persons and organizations who received services within the area served by the agency.
46.65
46.65
Treatment alternative program. 46.65(1)
(1) The department shall implement a treatment alternative program. The department shall make grants to provide alcohol or other drug abuse services, as a treatment alternative in lieu of imprisonment, for eligible persons in need of those services. The department shall make grants so that the treatment alternative program serves a variety of geographic locations.
46.65(2)
(2) The department shall promulgate rules to implement the treatment alternative program. The rules shall include all of the following:
46.65(2)(a)
(a) Organizational and administrative requirements for independent program units.
46.65(2)(b)
(b) Procedures for communicating and reaching agreements with representatives of the criminal justice system and treatment providers.
46.65(2)(c)
(c) Eligibility criteria for participants who obtain services under the program.
46.65(2)(d)
(d) Procedures for early identification of eligible participants.
46.65(2)(e)
(e) Assessment, referral, treatment and monitoring procedures.
46.65(2)(f)
(f) Policies and procedures for staff training.
46.65(2)(g)
(g) A data collection system to be used for program management and evaluation.
46.65(2)(h)
(h) A requirement that 75% of any recipient's grant must be used to provide treatment services to clients in the program.
46.65 History
History: 1987 a. 339;
1989 a. 122.
46.70
46.70
Delivery of services to American Indians. 46.70(1)
(1) To facilitate the delivery of accessible, available and culturally appropriate social services and mental hygiene services to American Indians by county departments under
s. 46.215,
46.22,
51.42 or
51.437, the department may fund federally recognized tribal governing bodies.
46.70(2)
(2) From the appropriations under
s. 20.435 (7) (dL) and
(o), the department may make available to any of the 11 federally recognized tribal governing bodies in this state funds for the purposes stated in
sub. (1). Beginning July 1, 1991, and ending September 30, 1991, the department may award to each tribal governing body up to $6,800. Beginning October 1, 1991, and ending September 30, 1992, the department may award to each tribal governing body up to $27,200. Beginning October 1, 1992, and ending June 30, 1993, the department may award to each tribal governing body up to $20,400. Receipt of funds is contingent upon department approval of an application submitted by a tribal governing body. The department may partially approve any application and provide only part of the funds requested. Each application shall contain a plan for expenditure of funds, consistent with the purposes stated in
sub. (1).
46.70(3)
(3) Reimbursement to each tribal governing body is limited to the lesser of total costs or the contract amount, not to exceed the amount specified in
sub. (2). Reimbursement to each tribal governing body is also limited to expenditures contained in the plan approved under
sub. (2). The department may make advance payments of up to one-twelfth of an annual contract. As a condition of reimbursement, each tribal governing body shall maintain an accounting system and shall submit expenditure reports as the department prescribes in the contract.
46.71
46.71
American Indian drug abuse prevention, treatment and education. 46.71(1)(1) From the appropriation under
s. 20.435 (7) (dm), the department shall, for the development of new drug abuse prevention, treatment and education programs that are culturally specific with respect to American Indians or to supplement like existing programs, allocate a total of not more than $500,000 in each fiscal year to all the elected governing bodies of federally recognized American Indian tribes or bands that submit to the department plans, approved by the department, that do all of the following:
46.71(1)(a)
(a) Demonstrate the need for the proposed funding.
46.71(1)(b)
(b) Outline the manner in which the funds will be used.
46.71(2)
(2) The amount of funds allocated by the department under
sub. (1) may not exceed the amounts appropriated under
s. 20.435 (7) (dm).
46.715
46.715
Neighborhood drug use and violence prevention. 46.715(1)(1) Within the limits of the availability of federal funds, the department shall, from the appropriation under
s. 20.435 (7) (mb), award not more than $1,200,000 in each fiscal year to fund programs to limit violence and abuse of controlled substances and controlled substance analogs in neighborhoods, including funding for the creation of Wisconsin against drug environments centers and for the use of neighborhood organizers, culturally representative alcohol and other drug abuse trainers, community speakers and persons to monitor certain court actions, as grants to any of the following applying entities:
46.715(1)(b)
(b) A community-based organization, in the city of Milwaukee, that represents city-wide interests, has a membership that represents diverse neighborhood interests and organizations and has a board of directors that is elected by the membership.
46.715(2)
(2) The department shall distribute funds awarded under this section on the basis of the numbers of drug-related arrests in the area of the applying entity in proportion to the numbers of statewide drug-related arrests, except that the department may consider the need for a minimum level of funding for each grant.
