Amendment ASA1-AB100

AB100-ASA1,673,10 46.277 (3) (c) Beginning on January 1, 1996, from the annual allocation to the county for the provision of long-term community support services under sub. (5), annually establish a maximum total amount, not to exceed 25% of the annual allocation, that may be encumbered in a calendar year for services for eligible individuals in community-based residential facilities. If the total amount that is encumbered for services for individuals in community-based residential facilities who are receiving services under sub. (5) on January 1, 1996, exceeds 25% of the county's annual allocation, a county may request a waiver of the requirement under this paragraph from the department. The department need not promulgate as rules under ch. 227 the standards for granting a waiver request under this paragraph.

AB100-ASA1, s. 1471p Section 1471p. 46.277 (5) (d) 1m. of the statutes is created to read:

AB100-ASA1,673,15 46.277 (5) (d) 1m. No county may use funds received under this section to provide services to a person who does not live in his or her own home or apartment unless, subject to the limitations under subds. 2. and 3. and par. (e), one of the following applies:

AB100-ASA1,673,19 a. The services are provided to the person in a community-based residential facility that entirely consists of independent apartments, each of which has an individual lockable independent entrance and exit and individual separate kitchen, bathroom, sleeping and living areas.

AB100-ASA1,673,22 b. The person suffers from Alzheimer's disease or related dementia and the services are provided to the person in a community-based residential facility that has a dementia care program.

AB100-ASA1,673,24 c. The services are provided to the person in a residential care apartment complex, as defined in s. 50.01 (1d).

AB100-ASA1,674,2 d. The services are provided to the individual in an adult family home, as defined in s. 50.01 (1).

AB100-ASA1,674,3 e. Subdivision 1n. applies.

AB100-ASA1, s. 1471q Section 1471q. 46.277 (5) (d) 1n. of the statutes is created to read:

AB100-ASA1,674,10 46.277 (5) (d) 1n. A county may also use funds received under this section, subject to the limitations under subds. 2. and 3. and par. (e), to provide services to a person who does not live in his or her own home or apartment if the services are provided to the person in a community-based residential facility and the county department or aging unit has determined that all of the following conditions have been met:

AB100-ASA1,674,13 a. An assessment under s. 46.27 (6) has been completed for the person prior to the person's admission to the community-based residential facility, whether or not the person is a private pay admittee at the time of admission.

AB100-ASA1,674,17 b. The county department or aging unit documents that the option of in-home services has been discussed with the person, thoroughly evaluated and found to be infeasible, as determined by the county department or aging unit in accordance with rules promulgated by the department of health and family services.

AB100-ASA1,674,20 c. The county department or aging unit determines that the community-based residential facility is the person's preferred place of residence or is the setting preferred by the person's guardian.

AB100-ASA1,674,22 d. The county department or aging unit determines that the community-based residential facility provides a quality environment and quality care services.

AB100-ASA1,674,25 e. The county department or aging unit determines that placement in the community-based residential facility is cost-effective compared to other options, including home care and nursing home care.

AB100-ASA1, s. 1471qi Section 1471qi. 46.277 (5) (d) 1p. of the statutes is created to read:

AB100-ASA1,675,7 46.277 (5) (d) 1p. a. Subject to the approval of the department, a county may establish and implement more restrictive conditions than those imposed under subd. 1m. on the use of funds received under this section for the provision of services to a person in a community-based residential facility. A county that establishes more restrictive conditions under this paragraph shall include the conditions in its plan under sub. (3) (a).

AB100-ASA1,675,12 b. If the department determines that a county has engaged in a pattern of inappropriate use of funds received under this section, the department may revoke its approval of the county's conditions established under subd. 1. a., if any, and may prohibit the county from using funds received under this section to provide services under subd. 1n.

AB100-ASA1, s. 1145 Section 1145. 46.278 (6) (d) of the statutes is amended to read:

AB100-ASA1,675,19 46.278 (6) (d) If a county makes available nonfederal funds equal to the state share of service costs under the waiver received under sub. (3), the department may, from the appropriation under s. 20.435 (1) (5) (o), provide reimbursement for services that the county provides under this section to persons who are in addition to those who may be served under this section with funds from the appropriation under s. 20.435 (1) (5) (b).

AB100-ASA1, s. 1146 Section 1146. 46.278 (6) (f) of the statutes is created to read:

AB100-ASA1,675,25 46.278 (6) (f) If a county owns the institution or intermediate care facility for the mentally retarded from which an individual is relocated to the community under this section, in order to receive funding under the program, the county shall submit a plan for delicensing a bed of the institution or intermediate care facility for the mentally retarded that is approved by the department.

AB100-ASA1, s. 1147 Section 1147. 46.28 (3) of the statutes is amended to read:

AB100-ASA1,676,3 46.28 (3) The department may authorize the authority to issue revenue bonds under s. 234.70 234.61 to finance any residential facility it approves under sub. (2).

AB100-ASA1, s. 1148 Section 1148. 46.28 (4) of the statutes is amended to read:

AB100-ASA1,676,7 46.28 (4) The department may charge sponsors for administrative costs and expenses it incurs in exercising its powers and duties under this section and under s. 234.70 234.61.

AB100-ASA1, s. 1149 Section 1149. 46.29 (3) (a) of the statutes is amended to read:

AB100-ASA1,676,10 46.29 (3) (a) The secretary of education state superintendent of public instruction.

AB100-ASA1, s. 1150 Section 1150. 46.30 (4) (a) of the statutes is amended to read:

AB100-ASA1,676,14 46.30 (4) (a) The department shall distribute the federal community services block grant funds received under 42 USC 9903 and deposited in the appropriations under s. 20.435 (6) (3) (mc) and (7) (md).

AB100-ASA1, s. 1151 Section 1151. 46.35 (4) (a) of the statutes is amended to read:

AB100-ASA1,676,17 46.35 (4) (a) The secretary of education state superintendent of public instruction.

AB100-ASA1, s. 1152 Section 1152. 46.40 (1) (a) of the statutes is amended to read:

AB100-ASA1,676,24 46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (3) (o) and (7) (b) , (kw) and (o), the department shall distribute funds for community social, mental health, developmental disabilities and alcohol and other drug abuse services and for services under ss. 46.51, 46.87, 46.985 and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 and to county aging units, as provided in subs. (2), (2m) and (7) to (8).

AB100-ASA1, s. 1153 Section 1153. 46.40 (1) (b) of the statutes is amended to read:

AB100-ASA1,677,5 46.40 (1) (b) Notwithstanding s. 46.49, if the department receives any federal moneys under 42 USC 670 to 679a in reimbursement of moneys allocated under par. (a) for the provision of foster care, the department shall distribute those federal moneys for services and projects to assist children and families and for the purposes specified in s. 46.46.

AB100-ASA1, s. 1154 Section 1154. 46.40 (1) (c) of the statutes is amended to read:

AB100-ASA1,677,19 46.40 (1) (c) The Milwaukee County department of social services shall report to the department in a manner specified by the department on all children under the supervision of the Milwaukee County department of social services who are placed in foster homes and whose foster parents receive funding for child care from the amounts distributed under par. (a) so that the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the amounts expended by the Milwaukee County department of social services for the provision of child care for those children. Notwithstanding s. 46.49, if the department receives any federal moneys under 42 USC 67 670 to 679a in reimbursement of the amounts expended by the Milwaukee County department of social services for the provision of child care for children in foster care in 1996 and 1997, the department shall distribute those federal moneys to the Milwaukee County department of social services for the provision of child care for children in foster care.

AB100-ASA1, s. 1155 Section 1155. 46.40 (2) of the statutes is amended to read:

AB100-ASA1,677,24 46.40 (2) Basic county allocation. For social services under s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not more than $292,368,400 $285,731,000 for fiscal year 1995-96 1997-98 and $291,349,200 $285,598,500 for fiscal year 1996-97 1998-99.

AB100-ASA1, s. 1156 Section 1156. 46.40 (2m) (a) of the statutes is amended to read:

AB100-ASA1,678,5 46.40 (2m) (a) Prevention and treatment of substance abuse. For prevention and treatment of substance abuse under 42 USC 300x-21 to 300x-35, the department shall distribute not more than $11,087,200 $9,702,400 in fiscal year 1995-96 1997-98 and not more than $11,285,200 $8,641,100 in fiscal year 1996-97 1998-99.

AB100-ASA1, s. 1157 Section 1157. 46.40 (2m) (b) of the statutes is amended to read:

AB100-ASA1,678,10 46.40 (2m) (b) Community mental health services. For community mental health services under 42 USC 300x to 300x-9, the department shall distribute not more than $2,513,400 in each fiscal year 1995-96 and not more than $2,513,400 in fiscal year 1996-97.

AB100-ASA1, s. 1484g Section 1484g. 46.40 (3) of the statutes is created to read:

AB100-ASA1,678,17 46.40 (3) Tribal child care. For child care services under 42 USC 9858, the department shall distribute not more than $412,800 in each fiscal year from the appropriation account under s. 20.435 (7) (b) to federally recognized American Indian tribes or bands. A tribe or band that receives funding under this subsection shall use that funding to provide child care for an eligible child, as defined in 42 USC 9858n (4).

AB100-ASA1, s. 1158 Section 1158. 46.40 (14m) of the statutes is amended to read:

AB100-ASA1,678,25 46.40 (14m) County community aids budgets. Before December 1 of each year, each county department under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 and each tribal governing body shall submit to the department a proposed budget for the expenditure of funds allocated under this section, distributed under s. 46.45 (2) (a) or carried forward under s. 46.45 (3) (a). The proposed budget shall be submitted on a form developed by the department and approved by the department of administration.

AB100-ASA1, s. 1159 Section 1159. 46.45 (2) of the statutes is created to read:

AB100-ASA1,679,11 46.45 (2) (a) If on December 31 of any year there remains unspent or unencumbered in the allocation under s. 46.40 (2) an amount that exceeds the amount received under 42 USC 670 to 679a and allocated under s. 46.40 (2) in that year, the department shall carry forward the excess moneys and distribute not less than 50% of the excess moneys to counties having a population of less than 500,000 for services and projects to assist children and families, notwithstanding the percentage limit specified in sub. (3) (a). A county shall use not less than 50% of the moneys distributed to the county under this subsection for services for children who are at risk of abuse or neglect to prevent the need for child abuse and neglect intervention services.

AB100-ASA1,679,14 (b) A county may not use any moneys distributed under par. (a) to supplant any other moneys expended by the county for services and projects to assist children and families in a base year determined by the department.

AB100-ASA1,679,17 (c) The department shall credit to the appropriation account under s. 20.435 (8) (mb) any moneys carried forward under par. (a), but not distributed to counties, and may expend those moneys as provided in s. 46.46.

AB100-ASA1, s. 1486m Section 1486m. 46.46 of the statutes is created to read:

AB100-ASA1,679,24 46.46 Expenditure of income augmentation services receipts. (1) From the appropriation account under s. 20.435 (8) (mb), the department shall support costs that are exclusively related to the operational costs of augmenting the amount of moneys received under 42 USC 670 to 679a, 42 USC 1395 to 1395ddd and 42 USC 1396 to 1396v. In addition, the department may expend moneys from the appropriation account under s. 20.435 (8) (mb) as provided in sub. (2).

AB100-ASA1,680,12 (2) If the department proposes to use any moneys from the appropriation account under s. 20.435 (8) (mb) for any purpose other than the purpose specified in sub. (1), the department shall submit a plan for the proposed use of those moneys to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit the plan to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan only with the approval of the committee.

AB100-ASA1, s. 1160 Section 1160. 46.48 (15) (title) of the statutes is repealed.

AB100-ASA1, s. 1161 Section 1161. 46.48 (15) (a) (intro.) of the statutes is repealed.

AB100-ASA1, s. 1162 Section 1162. 46.48 (15) (a) 1. of the statutes is amended to read:

AB100-ASA1,680,19 46.48 (15) (a) 1. For recruiting, training and licensing new foster parents and treatment foster parents for children in Milwaukee county and for providing ongoing family reunification services for children and families in Milwaukee county, $750,000 $375,000 in each fiscal year.

AB100-ASA1, s. 1163 Section 1163. 46.48 (15) (a) 1. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.

AB100-ASA1, s. 1164 Section 1164. 46.48 (15) (a) 2. of the statutes is amended to read:

AB100-ASA1,680,24 46.48 (15) (a) 2. For purchasing foster parent and treatment foster parent training from a private or educational agency, $150,000 $75,000 in each fiscal year.

AB100-ASA1, s. 1165 Section 1165. 46.48 (15) (a) 2. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.

AB100-ASA1, s. 1166 Section 1166. 46.48 (15) (a) 3. of the statutes is amended to read:

AB100-ASA1,681,8 46.48 (15) (a) 3. For enhancing Milwaukee county's capacity to assess the needs of children who are in long-term foster or treatment foster care and children who are new to foster or treatment foster care, for recruiting and investigating proposed adoptive parents and for prosecuting adoption petitions, $130,000 $65,000 in each fiscal year.

AB100-ASA1, s. 1167 Section 1167. 46.48 (15) (a) 3. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.

AB100-ASA1, s. 1168 Section 1168. 46.48 (15) (b) of the statutes is repealed.

AB100-ASA1, s. 1169 Section 1169. 46.48 (16) (title) of the statutes is repealed.

AB100-ASA1, s. 1170 Section 1170. 46.48 (16) (a) of the statutes is amended to read:

AB100-ASA1,681,24 46.48 (16) (a) The department shall distribute not more than $37,500 $18,700 in each fiscal year as grants to private, nonprofit organizations to recruit African American foster parents, including African American prospective adoptive parents, in communities that have a high percentage of African American children and a high percentage of children in out-of-home placements. The department shall review applications submitted under this paragraph and determine the number of grants that will be awarded, which of the applicants will receive grants and the amount of each grant. A private, nonprofit organization receiving a grant under this paragraph shall cooperate and coordinate its activities under the grant with the county department under s. 46.215, 46.22 or 46.23 serving the area from which the private, nonprofit organization recruits African American foster parents.

AB100-ASA1, s. 1171 Section 1171. 46.48 (16) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.

AB100-ASA1, s. 1172 Section 1172. 46.48 (16) (b) of the statutes is repealed.

AB100-ASA1, s. 1500m Section 1500m. 46.48 (27) of the statutes is created to read:

AB100-ASA1,682,7 46.48 (27) Grants to runaway programs. The department shall distribute $100,000 in each fiscal year as grants to programs that provide services for runaways.

AB100-ASA1, s. 1500p Section 1500p. 46.48 (28) of the statutes is created to read:

AB100-ASA1,682,14 46.48 (28) Grants for court-appointed special advocates. The department shall distribute $50,000 in each fiscal year as grants to court-appointed special advocate programs that are recognized by a county board, by a county department under s. 46.22 or 46.23 or, in a county having a population of 500,000 or more, by the department or a licensed child welfare agency under contract with the department to perform advocacy services in proceedings under s. 48.13.

AB100-ASA1, s. 1173 Section 1173. 46.485 (2g) (intro.) of the statutes is amended to read:

AB100-ASA1,682,21 46.485 (2g) (intro.) From the appropriation under s. 20.435 (1) (5) (b), the department may in each fiscal year transfer funds to the appropriation under s. 20.435 (3) (7) (kb) for distribution under this section and from the appropriation under s. 20.435 (7) (mb) the department shall may not distribute $240,000 more than $1,330,500 in each fiscal year to applying counties in this state that meet all of the following requirements, as determined by the department:

AB100-ASA1, s. 1174 Section 1174. 46.485 (3r) of the statutes is amended to read:

AB100-ASA1,682,25 46.485 (3r) Funds that a county does not encumber before 24 months after June 30 of the fiscal year in which the funds were distributed under sub. (2g) lapse to the appropriation under s. 20.435 (1) (5) (b).

AB100-ASA1, s. 1175 Section 1175. 46.49 (1) of the statutes is amended to read:

AB100-ASA1,683,18 46.49 (1) Subject to ss. 46.40 (1) (b) and (c) and 46.48 (15) (b), if the department receives unanticipated federal community mental health services block grant funds under 42 USC 300x to 300x-9, federal prevention and treatment of substance abuse block grant funds under 42 USC 300x-21 to 300x-35, or foster care and adoption assistance payments under 42 USC 670 to 679a and it proposes to allocate the unanticipated funds so that an allocation limit in s. 46.40 is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limits under s. 46.40. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding s. 46.40, only with the approval of the committee.

AB100-ASA1, s. 1176 Section 1176. 46.49 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1,684,12 46.49 (1) Subject to s. 46.40 (1) (b) and (c), if the department receives unanticipated federal community mental health services block grant funds under 42 USC 300x to 300x-9, federal prevention and treatment of substance abuse block grant funds under 42 USC 300x-21 to 300x-35, or foster care and adoption assistance payments under 42 USC 670 to 679a and it proposes to allocate the unanticipated funds so that an allocation limit in s. 46.40 is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limits under s. 46.40. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding s. 46.40, only with the approval of the committee.

AB100-ASA1, s. 1177 Section 1177. 46.495 (1) (am) of the statutes is amended to read:

AB100-ASA1,684,18 46.495 (1) (am) The department shall reimburse each county from the appropriations under s. 20.435 (3) (o) and (7) (b) , (kw) and (o) for social services as approved by the department under ss. 46.215 (1), (2) (c) 1. and (3) and 46.22 (1) (b) 1. d. and (e) 3. a. except that no reimbursement may be made for the administration of or aid granted under s. 49.02.

AB100-ASA1, s. 1178 Section 1178. 46.495 (1) (d) of the statutes, as affected by 1995 Wisconsin Act 404, section 72, is amended to read:

AB100-ASA1,685,11 46.495 (1) (d) From the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2) and (8). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

AB100-ASA1, s. 1179 Section 1179. 46.52 of the statutes is amended to read: