LRBs0546/3
GMM:jlg:ijs
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 665
March 5, 1998 - Offered by Committee on Children and Families.
AB665-ASA1,1,12
1An Act to amend 20.433 (1) (q), 25.67 (2), 48.981 (8) (a), 48.981 (8) (d) 1., 48.982
2(6) (d), 49.45 (25) (b) and 49.45 (25) (c);
to repeal and recreate 25.67 (2) (a) 1.
3and (b); and
to create 20.435 (3) (de), 20.435 (3) (df), 46.515, 48.982 (2e) and
449.45 (25) (bc) of the statutes;
relating to: creating a child abuse and neglect
5prevention program, medical assistance for certain case management services,
6authorizing the child abuse and neglect prevention board to form a nonstock,
7nonprofit corporation, early childhood family education center grants awarded
8by the child abuse and neglect prevention board, training programs and
9training requirements for staff of county departments or licensed child welfare
10agencies under contract with county departments whose responsibilities
11include investigation or treatment of child abuse and neglect and making
12appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB665-ASA1, s. 1
1Section
1
. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB665-ASA1,2,74
20.433
(1) (q)
Children's trust fund grants. From the children's trust fund, all
5moneys received as contributions, grants, gifts and bequests for that trust fund
6under s. 48.982 (2) (d)
or (2e) (a), less the amounts appropriated under par. (r), to
7carry out the purposes for which made and received under s. 48.982 (2m) (a).
AB665-ASA1, s. 3
8Section
3
. 20.435 (3) (de) of the statutes is created to read:
AB665-ASA1,2,109
20.435
(3) (de)
Child abuse and neglect prevention grants.
The amounts in the
10schedule for child abuse and neglect prevention grants under s. 46.515.
AB665-ASA1, s. 4
11Section
4
. 20.435 (3) (df) of the statutes is created to read:
AB665-ASA1,2,1412
20.435
(3) (df)
Child abuse and neglect prevention technical assistance. The
13amounts in the schedule for child abuse and neglect prevention technical assistance
14and training under s. 46.515 (8).
AB665-ASA1,3,4
125.67
(2) The fund shall consist of the moneys received for the fund under s.
248.982 (2) (d)
or (2e) (a). All moneys in the fund
that are not
appropriated under s.
320.433 (1) (r) or expended under s. 20.433 (1) (q) shall continue to accumulate
4indefinitely.
AB665-ASA1,3,77
25.67
(2) (a) 1. Moneys received for the fund under s. 48.982 (2) (d) or (2e) (a).
AB665-ASA1,3,98
(b) All moneys in the fund that are not appropriated under s. 20.433 (1) (r) or
9expended under s. 20.433 (1) (q) shall continue to accumulate indefinitely.
AB665-ASA1,3,12
1146.515 Child abuse and neglect prevention program. (1) Definitions. 12In this section:
AB665-ASA1,3,1313
(a) "Abuse" has the meaning given in s. 48.02 (1).
AB665-ASA1,3,1514
(b) "Case", other than when used in the term "case management services",
15means a family or person who meets all of the following criteria:
AB665-ASA1,3,1616
1. The family or person is any of the following:
AB665-ASA1,3,2017
a. A family or person who has been the subject of a report under s. 48.981 and
18with respect to whom the individual making the investigation or the intake worker
19assigned to the family or person has determined that all of the conditions in subd.
202. exist.
AB665-ASA1,3,2521
b. An Indian child who has been the subject of a report under s. 48.981 about
22which an Indian tribe that has received a grant under this section has received
23notice, including but not limited to notice provided to a tribal agent under s. 48.981
24(3) (bm), and with respect to whom an individual designated by the Indian tribe has
25determined that all of the conditions in subd. 2. exist.
AB665-ASA1,4,7
1c. A family that includes a person who has contacted a county department, as
2defined in s. 48.02 (2g), or an Indian tribe that has been awarded a grant under this
3section or, in a county having a population of 500,000 or more that has been awarded
4a grant under this section, the department or a licensed child welfare agency under
5contract with the department requesting assistance to prevent abuse or neglect of a
6child in the person's family and with respect to which an individual responding to the
7request has determined that all of the conditions in subd. 2. exist.
AB665-ASA1,4,98
2. The family or person has been determined to meet all of the following
9conditions:
AB665-ASA1,4,1110
a. There is a substantial risk of future abuse or neglect of a child in the family
11if assistance is not provided.
AB665-ASA1,4,1312
b. The child and the child's parent or the person primarily responsible for the
13child's care are willing to cooperate with an informal plan of support and services.
AB665-ASA1,4,1714
c. It does not appear that a petition will be filed under s. 48.25 alleging that a
15child in the family is in need of protection or services under s. 48.13 and, if an Indian
16child is involved, it also does not appear that there will be a similar proceeding in
17tribal court relating to abuse or neglect of the Indian child.
AB665-ASA1,4,1918
(c) "Court", other than when used in referring to a tribal court, has the meaning
19given in s. 48.02 (2m).
AB665-ASA1,4,2220
(cm) "Culturally competent" means the ability to understand and act
21respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes
22and behaviors of persons and families of various cultures.
AB665-ASA1,4,2323
(d) "Indian child" has the meaning given in s. 48.981 (1) (cs).
AB665-ASA1,4,2524
(e) "Indian tribe" means a federally recognized American Indian tribe or band
25in this state.
AB665-ASA1,5,2
1(f) "Intake worker" means any person designated to provide intake services
2under s. 48.067.
AB665-ASA1,5,33
(g) "Neglect" has the meaning given in s. 48.981 (1) (d).
AB665-ASA1,5,64
(h) "Reservation" means land in this state within the boundaries of a federally
5recognized reservation of an Indian tribe or within the bureau of Indian affairs
6service area for the Ho-Chunk Nation.
AB665-ASA1,5,77
(i) "Rural county" means a county that is not an urban county.
AB665-ASA1,5,108
(j) "Urban county" means a county located in a federal metropolitan statistical
9area or a primary metropolitan statistical area, as designated by the federal office
10of management and budget.
AB665-ASA1,5,13
11(2) Funds provided. If a county or Indian tribe applies and is selected by the
12department under sub. (5) to participate in the program under this section, all of the
13following apply:
AB665-ASA1,5,2214
(a)
Grants. From the appropriation under s. 20.435 (3) (de), the department
15shall award a grant annually to be used only for the purposes specified in sub. (4) (a)
16and (am). The minimum amount of a grant is $10,000. The department shall
17determine the amount of a grant awarded to a county or Indian tribe in excess of the
18minimum amount based on the population that is eligible for medical assistance
19under subch. IV of ch. 49 in that county or the reservation of that Indian tribe in
20proportion to the population that is eligible for medical assistance under subch. IV
21of ch. 49 in the other counties and the reservations of other Indian tribes to which
22grants are awarded under this section.
AB665-ASA1,5,2523
(b)
Reimbursement for certain case management services. From the
24appropriation under s. 20.435 (5) (b) and (o), the department shall reimburse
25providers of case management services as specified in s. 49.45 (25) (bc) and (c).
AB665-ASA1,6,3
1(3) Number of counties and Indian tribes selected. (a)
Number selected. The
2following number of counties and Indian tribes may be selected by the department
3to participate in the program under this section:
AB665-ASA1,6,54
1. In the 1997-99 state fiscal biennium, no more than 6 rural counties, 3 urban
5counties and 2 Indian tribes may be selected.
AB665-ASA1,6,86
2. In the 1999-2001 state fiscal biennium, no more than 14 rural counties, 6
7urban counties and 3 Indian tribes may be selected, in addition to those selected in
8the previous state fiscal biennium.
AB665-ASA1,6,119
3. In the 2001-03 state fiscal biennium, counties and Indian tribes that have
10not been selected previously may be selected, in addition to those selected in previous
11state fiscal biennia.
AB665-ASA1,6,1612
(b)
Joint application permitted. Two or more counties and Indian tribes may
13submit a joint application to the department. Each county or Indian tribe in a joint
14application shall be counted as a separate county or Indian tribe for the purpose of
15limiting the number of counties and Indian tribes selected in each state fiscal
16biennium.
AB665-ASA1,6,18
17(4) Purpose. (a)
Grants; flexible funds and training. The grants awarded
18under this section shall be used for all of the following purposes:
AB665-ASA1,6,1919
1. To establish or maintain the fund under sub. (6) (b) 1.
AB665-ASA1,6,2020
2. To establish or maintain the fund under sub. (6) (b) 2.
AB665-ASA1,6,2321
4. To pay expenses incurred in connection with attending training activities
22related to the program under this section. No more than $1,500 of the grant amount
23may be used for this purpose in the 12 months following receipt of a grant.
AB665-ASA1,7,424
(am)
Grants; start-up costs and capacity building. In the first year in which
25a grant under this section is awarded to a county or Indian tribe, the county or Indian
1tribe may use a portion of the grant to pay for start-up costs and capacity building
2related to the program under this section. The department shall determine the
3maximum amount of a grant that a county or Indian tribe may use to pay for those
4start-up costs and that capacity building.
AB665-ASA1,8,55
(b)
Reimbursement for certain case management services. 1. As provided in s.
649.45 (25) (bc), the department shall reimburse providers for case management
7services provided for persons who are selected for and agree to participate in a home
8visitation program described in this subdivision. A county, other than a county with
9a population of 500,000 or more, or an Indian tribe that is selected to participate in
10the program under this section shall select persons who are first-time parents and
11who are eligible for medical assistance under subch. IV of ch. 49 and shall offer each
12of those persons an opportunity to undergo an assessment through use of a risk
13assessment instrument to determine whether the parent presents risk factors for
14perpetrating child abuse or neglect. Persons who are selected and who agree to be
15assessed shall be assessed during the prenatal period, if possible, or as close to the
16time of the child's birth as possible. The risk assessment instrument shall be
17developed by the department and shall be based on risk assessment instruments
18developed by the department for similar programs that are in operation. The
19department need not promulgate as rules under ch. 227 the risk assessment
20instrument developed under this subdivision. A person who is assessed to be at risk
21of abusing or neglecting his or her child shall be offered home visitation program
22services. Home visitation program services may be provided to a family with a child
23identified as being at risk of child abuse or neglect until the identified child reaches
243 years of age. If risk factors for child abuse or neglect with respect to the identified
25child continue to be present when the child reaches 3 years of age, home visitation
1program services may be provided until the identified child reaches 5 years of age.
2Home visitation program services may not be provided to a person unless the person
3gives his or her written informed consent to receiving those services or, if the person
4is a child, unless the child's parent, guardian or legal custodian gives his or her
5written informed consent for the child to receive those services.
AB665-ASA1,8,96
1m. No person who is required or permitted to report suspected or threatened
7abuse or neglect under s. 48.981 (2) may base the making of such a report on a refusal
8of a person to receive or to continue receiving home visitation program services under
9subd. 1.
AB665-ASA1,8,1710
2. The counties and Indian tribes that are selected to participate in the program
11under this section may permit a person who is not a first-time parent or who is not
12eligible for medical assistance under subch. IV of ch. 49 to undergo the risk
13assessment and to participate in the home visitation program if that person presents
14risk factors for perpetrating child abuse or neglect. No payments from the fund
15under sub. (6) (b) 1. may be made to a person described in this subdivision.
16Reimbursement may not be provided by the department under s. 49.45 (25) (bc) for
17a person described in this subdivision.
AB665-ASA1,9,9
18(5) Selection of counties and Indian tribes. The department shall provide
19competitive application procedures for selecting counties and Indian tribes for
20participation in the program under this section. The department shall establish a
21method for ranking applicants for selection based on the quality of their applications.
22In ranking the applications submitted by counties, the department shall give
23favorable consideration to a county that has indicated under sub. (6) (d) 2. that it is
24willing to use a portion of any moneys distributed to the county under s. 46.45 (2) (a)
25to provide case management services to a medical assistance beneficiary under s.
149.45 (25) (am) 9. who is a case or who is a member of a family that is a case and that
2has explained under sub. (6) (d) 2. how the county plans to use that portion of those
3moneys to promote the provision of those services for the case by using a wraparound
4process so as to provide those services in a flexible, comprehensive and
5individualized manner in order to reduce the necessity for court-ordered services.
6The application procedures provided shall be clear and understandable to the
7applicants. The department need not promulgate as rules under ch. 227 the
8application procedures or method for ranking applicants established under this
9subsection.