AB100-engrossed,708,8
146.10
(14) (e) 1m. An order issued under s. 938.183 (4), 938.355 (2) (b) 4.,
2938.357 (5m) or 938.363 (2) for support determined under this subsection constitutes
3an assignment of all commissions, earnings, salaries, wages, pension benefits,
4benefits under ch. 102 or 108 and other money due or to be due in the future to the
5county department under s. 46.215, 46.22 or 46.23 in the county where the order was
6entered or to the department, depending upon the placement of the child as specified
7by rules promulgated under subd. 5. The assignment shall be for an amount
8sufficient to ensure payment under the order.
AB100-engrossed,708,1710
46.21
(1) (d) "Human services" means the total range of services to people,
11including mental illness treatment, developmental disabilities services, physical
12disabilities services, relief funded by a relief block grant under ch. 49, income
13maintenance, youth probation and parole services, alcohol and drug abuse services,
14services to children, youth and families, family counseling, exceptional educational
15services for children from birth to the age of 3 and manpower services.
"Human
16services" does not include child welfare services under s. 48.48 (17) administered by
17the department in a county having a population of 500,000 or more.
AB100-engrossed,709,319
46.21
(2) (a) Shall adopt policies for the management, operation, maintenance
20and improvement of the county hospital; the detention center; the probation section
21of the children's court center; the provision and maintenance of the physical facilities
22for the children's court and its intake section under the supervision and operation
23of the judges assigned to exercise jurisdiction under chs. 48 and 938 and as provided
24in
ss. 48.06 (1) and s. 938.06 (1); the mental health complex; the county department
25of human services; the central service departments; and all buildings and land used
1in connection with any institution under this section. The powers and duties of the
2county board of supervisors are policy forming only, and not administrative or
3executive.
AB100-engrossed,709,145
46.215
(1) Creation; powers and duties. (intro.) In a county with a population
6of 500,000 or more the administration of welfare services
, other than child welfare
7services under s. 48.48 (17) administered by the department, is vested in a county
8department of social services under the jurisdiction of the county board of
9supervisors under s. 46.21 (2m) (b) 1. a. Any reference in any law to a county
10department of social services under this section applies to a county department
11under s. 46.21 (2m) in its administration under s. 46.21 (2m) of the powers and duties
12of the county department of social services. The county department of social services
13shall have the following functions, duties and powers, and such other welfare
14functions as may be delegated to it:
AB100-engrossed,709,2016
46.215
(1) (h) To administer
child welfare services under ss. 48.56 and 48.57
17and juvenile welfare services under s. 938.57
,; and, if contracted to do so by the
18department, to accept custody and guardianship of children upon the order of a
19competent court
and, to place children for adoption and to make recommendations
20relating to the adoption of children under s. 48.85.
AB100-engrossed,709,2422
46.215
(1) (i) To make such investigations as are provided for in s. 48.88 (2) (a)
23and (c), if
contracted to do so by the department and if the court having jurisdiction
24so directs.
AB100-engrossed,710,12
146.215
(2) (c) 1. A county department of social services shall develop, under the
2requirements of s. 46.036, plans and contracts for care and services to be purchased,
3except for care and services under subch. III of ch. 49 or s. 301.08 (2). The department
4of health and family services may review the contracts and approve them if they are
5consistent with s. 46.036 and if state or federal funds are available for such purposes.
6The joint committee on finance may require the department of health and family
7services to submit the contracts to the committee for review and approval. The
8department of health and family services may not make any payments to a county
9for programs included in a contract under review by the committee. The department
10of health and family services shall reimburse each county for the contracts from the
11appropriations under s. 20.435
(3) (oo) and (7) (b) and (o)
or under s. 20.435 (3) (cd),
12as appropriate, under s. 46.495.
AB100-engrossed,710,2314
46.215
(2) (c) 3. A county department of social services shall develop, under the
15requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related
16care and services to be purchased. The department of corrections may review the
17contracts and approve them if they are consistent with s. 301.08 (2) and if state or
18federal funds are available for such purposes. The joint committee on finance may
19require the department of corrections to submit the contracts to the committee for
20review and approval. The department of corrections may not make any payments
21to a county for programs included in a contract under review by the committee. The
22department of corrections shall reimburse each county for the contracts from the
23appropriations under s. 20.410 (3) (cd) and
(oo)
(ko) as appropriate.
AB100-engrossed,711,4
146.22
(1) (c) 1. b. `State institutions.'
The Mendota mental health institute,
the 2Winnebago mental health institute,
centers a center for the developmentally
3disabled and
a Type 1 secured correctional
facilities facility, as defined in s. 938.02
4(19).
AB100-engrossed,711,166
46.22
(1) (c) 2. Subdivision 1. does not authorize the county department of
7social services to make investigations regarding admission to or release from the
8Waupun correctional institution, the Columbia correctional institution, the Racine
9correctional institution,
the Racine Youthful Offender Correctional Facility, the
10correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), the
11correctional institution authorized under s. 301.046 (1), the correctional institution
12authorized under s. 301.048 (4) (b), the correctional institution authorized under s.
13301.16 (1n), the Oshkosh correctional institution, the Green Bay correctional
14institution, the Dodge correctional institution, the Taycheedah correctional
15institution, county houses of correction, jails, detention homes or reforestation
16camps.
AB100-engrossed,712,418
46.22
(1) (e) 3. a. A county department of social services shall develop, under
19the requirements of s. 46.036, plans and contracts for care and services, except under
20subch. III of ch. 49 and s. 301.08 (2), to be purchased. The department of health and
21family services may review the contracts and approve them if they are consistent
22with s. 46.036 and to the extent that state or federal funds are available for such
23purposes. The joint committee on finance may require the department of health and
24family services to submit the contracts to the committee for review and approval.
25The department of health and family services may not make any payments to a
1county for programs included in the contract that is under review by the committee.
2The department of health and family services shall reimburse each county for the
3contracts from the appropriations under s. 20.435
(3) (oo) and (7) (b) and (o)
or under
4s. 20.435 (3) (cd), according to s. 46.495.
AB100-engrossed,712,166
46.22
(1) (e) 3. c. A county department of social services shall develop, under
7the requirements of s. 301.08 (2), plans and contracts for juvenile
8delinquency-related care and services to be purchased. The department of
9corrections may review the contracts and approve them if they are consistent with
10s. 301.08 (2) and to the extent that state or federal funds are available for such
11purposes. The joint committee on finance may require the department of corrections
12to submit the contracts to the committee for review and approval. The department
13of corrections may not make any payments to a county for programs included in the
14contract that is under review by the committee. The department of corrections shall
15reimburse each county for the contracts from the appropriations under s. 20.410 (3)
16(cd) and
(oo) (ko) as appropriate.
AB100-engrossed,712,24
1846.238 Infants whose mothers abuse controlled substances or
19controlled substance analogs. If
the a county department under s.
46.215, 46.22
20or 46.23
or, in a county having a population of 500,000 or more, a county department
21under s. 51.42 or 51.437 receives a report under s. 146.0255 (2), the county
22department shall offer to provide appropriate services and treatment to the child and
23the child's mother or the county department shall make arrangements for the
24provision of appropriate services or treatment.
AB100-engrossed, s. 1446L
1Section 1446L. 46.245 (intro.) and (1) of the statutes are consolidated,
2renumbered 46.245 and amended to read:
AB100-engrossed,713,13
346.245 Information for certain pregnant women. A Upon request, a 4county department under s. 46.215, 46.22 or 46.23 shall
do all of the following: (1)
5Upon request, distribute the materials described under s. 253.10 (3) (d), as prepared
6and distributed by the department.
The county department may charge a fee not to
7exceed the actual cost of preparation and distribution of the materials. A physician
8who intends to perform or induce an abortion or another qualified physician, as
9defined in s. 253.10 (2) (g), who reasonably believes that he or she might have a
10patient for whom the information under s. 253.10 (3) (d) is required to be given, shall
11request a reasonably adequate number of the materials from the county department
12under this
subsection section or from the department under s. 253.10 (3) (d). An
13individual may request a reasonably adequate number of the materials.
AB100-engrossed,713,24
1746.247 Application of child support standard for certain children. For
18purposes of determining child support under s. 46.10 (14) (b), the department shall
19promulgate rules related to the application of the standard established by the
20department of workforce development under s. 49.22 (9) to a child support obligation
21for the care and maintenance of a child who is placed by a court order under s. 48.355,
2248.357, 938.183
(2), 938.355 or 938.357 in a residential, nonmedical facility. The
23rules shall take into account the needs of any person, including dependent children
24other than the child, whom either parent is legally obligated to support.
AB100-engrossed,714,3
146.261
(2) (a) (intro.)
A
The department or a county department under s.
246.215, 46.22 or 46.23 shall grant aid on behalf of a dependent child to any of the
3following:
AB100-engrossed,714,175
46.261
(2) (a) 1. A nonrelative who cares for the dependent child in a foster
6home or treatment foster home having a license under s. 48.62, in a foster home or
7treatment foster home located within the boundaries of a federally recognized
8American Indian reservation in this state and licensed by the tribal governing body
9of the reservation or in a group home licensed under s. 48.625
or a minor custodial
10parent who cares for the dependent child, regardless of the cause or prospective
11period of dependency. The state shall reimburse counties pursuant to the procedure
12under s. 46.495 (2) and the percentage rate of participation set forth in s. 46.495 (1)
13(d) for aid granted under this section except that if the child does not have legal
14settlement in the granting county, state reimbursement shall be at 100%. The county
15department under s. 46.215 or 46.22 shall determine the legal settlement of the child.
16A child under one year of age shall be eligible for aid under this subsection
17irrespective of any other residence requirement for eligibility within this section.
AB100-engrossed, s. 1451
18Section
1451. 46.261 (2) (a) 1. of the statutes, as affected by 1997 Wisconsin
19Act .... (this act), is repealed and recreated to read:
AB100-engrossed,715,820
46.261
(2) (a) 1. A nonrelative who cares for the dependent child in a foster
21home or treatment foster home having a license under s. 48.62, in a foster home or
22treatment foster home located within the boundaries of a federally recognized
23American Indian reservation in this state and licensed by the tribal governing body
24of the reservation or in a group home licensed under s. 48.625 or a minor custodial
25parent who cares for the dependent child, regardless of the cause or prospective
1period of dependency. The state shall reimburse counties pursuant to the procedure
2under s. 46.495 (2) and the percentage rate of participation set forth in s. 46.495 (1)
3(d) for aid granted under this section except that if the child does not have legal
4settlement in the granting county, state reimbursement shall be at 100%. The county
5department under s. 46.215 or 46.22 or the department under s. 48.48 (17) shall
6determine the legal settlement of the child. A child under one year of age shall be
7eligible for aid under this subsection irrespective of any other residence requirement
8for eligibility within this section.
AB100-engrossed,715,1710
46.261
(2) (a) 2. A county
or, in a county having a population of 500,000 or more,
11the department, on behalf of a child in the legal custody of a county department under
12s. 46.215, 46.22 or 46.23
or the department under s. 48.48 (17) or on behalf of a child
13who was removed from the home of a relative, as defined under s. 48.02 (15), as a
14result of a judicial determination that continuance in the home of a relative would
15be contrary to the child's welfare for any reason when such child is placed in a
16licensed child caring institution by the county department
or the department.
17Reimbursement shall be made by the state pursuant to subd. 1.
AB100-engrossed,716,319
46.261
(2) (a) 3. A county
or, in a county having a population of 500,000 or more,
20the department, when the child is placed in a licensed foster home, treatment foster
21home, group home or child caring institution by a licensed child welfare agency or
22by a federally recognized American Indian tribal governing body in this state or by
23its designee, if the child is in the legal custody of the county department under s.
2446.215, 46.22 or 46.23
or the department under s. 48.48 (17) or if the child was
25removed from the home of a relative, as defined under s. 48.02 (15), as a result of a
1judicial determination that continuance in the home of the relative would be contrary
2to the child's welfare for any reason and the placement is made pursuant to an
3agreement with the county department
or the department.
AB100-engrossed,716,135
46.261
(2) (a) 4. A
licensed foster home
or, treatment foster home,
a group home
6licensed under s. 48.625 or
a child caring institution
by the state when the child is
7in the custody or guardianship of the state, when the child is a ward of an American
8Indian tribal court in this state and the placement is made under an agreement
9between the department and the tribal governing body or when the child was part
10of the state's direct service case load and was removed from the home of a relative,
11as defined under s. 48.02 (15), as a result of a judicial determination that continuance
12in the home of a relative would be contrary to the child's welfare for any reason and
13the child is placed by the department.
AB100-engrossed,716,2415
46.27
(3) (f) Beginning on January 1, 1996, from the annual allocation to the
16county for the provision of long-term community support services under subs. (7) (b)
17and (11), annually establish a maximum total amount
, not to exceed 25% of the
18annual allocation, that may be encumbered in a calendar year for services for eligible
19individuals in community-based residential facilities.
If the total amount that is
20encumbered for services for individuals in community-based residential facilities
21who are receiving services under sub. (7) (b) on January 1, 1996, exceeds 25% of the
22county's annual allocation, a county may request a waiver of the requirement under
23this paragraph from the department. The department need not promulgate as rules
24under ch. 227 the standards for granting a waiver request under this paragraph.
AB100-engrossed,717,3
146.27
(4) (c) 8. If a pilot project under s. 46.271 (2m) is established in the county,
2a description of how the activities of the pilot project relate to and are coordinated
3with the county's proposed program.
AB100-engrossed,717,175
46.27
(5) (am) Organize assessment activities specified in sub. (6). The county
6department or aging unit shall utilize persons for each assessment who can
7determine the needs of the person being assessed and who know the availability
8within the county of services alternative to placement in a nursing home. If any
9hospital patient is referred to a nursing home for admission, these persons shall work
10with the hospital discharge planner in performing the activities specified in sub. (6).
11The county department or aging unit shall coordinate the involvement of
12representatives from the county departments under ss. 46.215, 46.22, 51.42 and
1351.437, health service providers and the county commission on aging in the
14assessment activities specified in sub. (6), as well as the person being assessed and
15members of the person's family or the person's guardian.
This paragraph does not
16apply to a county department or aging unit in a county where a pilot project under
17s. 46.271 (2m) is established.
AB100-engrossed,718,219
46.27
(6) (a) 3. In each participating county,
except in counties where a pilot
20project under s. 46.271 (2m) is established, assessments shall be conducted for those
21persons and in accordance with the procedures described in the county's community
22options plan. The county may elect to establish assessment priorities for persons in
23target groups identified by the county in its plan regarding gradual implementation.
24If a person who is already admitted to a nursing home requests an assessment and
1if funds allocated for assessments under sub. (7) (am) are available, the county shall
2conduct the assessment.
AB100-engrossed,718,74
46.27
(6g) Fiscal responsibility. (intro.) Except as provided in s. 51.40, and
5within the limitations under sub. (7) (b), the fiscal responsibility of a county for an
6assessment,
unless the assessment is performed by an entity under s. 46.271 (2m), 7case plan or services provided to a person under this section is as follows:
AB100-engrossed,718,1210
46.27
(7) (cj) No county may use funds received under par. (b) to provide
11services to a person who does not live in his or her own home or apartment unless,
12subject to the limitations under par. (cm), one of the following applies:
AB100-engrossed,718,1613
1. The services are provided to the person in a community-based residential
14facility that entirely consists of independent apartments, each of which has an
15individual lockable independent entrance and exit and individual separate kitchen,
16bathroom, sleeping and living areas.
AB100-engrossed,718,1917
2. The person suffers from Alzheimer's disease or related dementia and the
18services are provided to the person in a community-based residential facility that
19has a dementia care program.
AB100-engrossed,718,2220
3. The services are provided to the person in a community-based residential
21facility and the county department or aging unit has determined that all of the
22following conditions have been met:
AB100-engrossed,718,2523
a. An assessment under sub. (6) has been completed for the person prior to the
24person's admission to the community-based residential facility, whether or not the
25person is a private pay admittee at the time of admission.
AB100-engrossed,719,4
1b. The county department or aging unit documents that the option of in-home
2services has been discussed with the person, thoroughly evaluated and found to be
3infeasible, as determined by the county department or aging unit in accordance with
4rules promulgated by the department of health and family services.
AB100-engrossed,719,75
c. The county department or aging unit determines that the community-based
6residential facility is the person's preferred place of residence or is the setting
7preferred by the person's guardian.
AB100-engrossed,719,98
d. The county department or aging unit determines that the community-based
9residential facility provides a quality environment and quality care services.
AB100-engrossed,719,1210
e. The county department or aging unit determines that placement in the
11community-based residential facility is cost-effective compared to other options,
12including home care and nursing home care.
AB100-engrossed,719,1413
5. The services are provided to the person in an adult family home, as defined
14in s. 50.01 (1).
AB100-engrossed,719,2116
46.27
(7) (ck) 1. Subject to the approval of the department, a county may
17establish and implement more restrictive conditions than those imposed under par.
18(cj) on the use of funds received under par. (b) for the provision of services to a person
19in a community-based residential facility. A county that establishes more restrictive
20conditions under this subdivision shall include the conditions in its community
21options plan under sub. (3) (cm).
AB100-engrossed,720,222
2. If the department determines that a county has engaged in a pattern of
23inappropriate use of funds received under par. (b), the department may revoke its
24approval of the county's conditions established under subd. 1., if any, and may
1prohibit the county from using funds received under par. (b) to provide services under
2par. (cj) 3.
AB100-engrossed,720,124
46.27
(9) (a) The department may select up to 5 counties that volunteer to
5participate in a pilot project under which they will receive certain funds allocated for
6long-term care. The department shall allocate a level of funds to these counties
7equal to the amount that would otherwise be paid under s. 20.435
(1) (5) (b) to nursing
8homes for providing care because of increased utilization of nursing home services,
9as estimated by the department. In estimating these levels, the department shall
10exclude any increased utilization of services provided by
state centers any center for
11the developmentally disabled. The department shall calculate these amounts on a
12calendar year basis under sub. (10).
AB100-engrossed,720,1914
46.27
(9) (c) All long-term community support services provided under this
15pilot project in lieu of nursing home care shall be consistent with those services
16described in the participating county's community options plan under sub. (4) (c) and
17provided under sub. (5) (b).
Each Unless the department has contracted under s.
1846.271 (2m) with an entity other than the county department, each county
19participating in the pilot project shall assess persons under sub. (6).
AB100-engrossed,720,2521
46.27
(10) (a) 1. The department shall determine for each county participating
22in the pilot project under sub. (9) a funding level of state medical assistance
23expenditures to be received by the county. This level shall equal the amount that the
24department determines would otherwise be paid under s. 20.435
(1) (5) (b) because
25of increased utilization of nursing home services, as estimated by the department.
AB100-engrossed,721,52
46.27
(11) (c) 3. Medical assistance reimbursement for services a county, a
3private nonprofit agency or an aging unit with which the department contracts
4provides under this subsection shall be made from the appropriations under s. 20.435
5(1) (5) (o) and (7) (b) and (bd).
AB100-engrossed,721,117
46.27
(11) (c) 4. The department may, from the appropriation under s. 20.435
8(1) (5) (o), provide reimbursement for services provided under this subsection by
9counties that are in excess of the current average annual per person rate, as
10established by the department, and are less than or equal to the average amount
11approved in the waiver received under par. (am).
AB100-engrossed,721,1613
46.27
(11) (c) 5m. No county may use funds received under this subsection to
14provide services to a person who does not live in his or her own home or apartment
15unless, subject to the limitations under subds. 6., 7. and 8., one of the following
16applies:
AB100-engrossed,721,2017
a. The services are provided to the person in a community-based residential
18facility that entirely consists of independent apartments, each of which has an
19individual lockable independent entrance and exit and individual separate kitchen,
20bathroom, sleeping and living areas.
AB100-engrossed,721,2321
b. The person suffers from Alzheimer's disease or related dementia and the
22services are provided to the person in a community-based residential facility that
23has a dementia care program.
AB100-engrossed,721,2524
c. The services are provided to the person in a residential care apartment
25complex, as defined in s. 50.01 (1d).
AB100-engrossed,722,2
1d. The services are provided to the individual in an adult family home, as
2defined in s. 50.01 (1).
AB100-engrossed,722,33
e. Subdivision 5n. applies.
AB100-engrossed,722,95
46.27
(11) (c) 5n. A county may also use funds received under this subsection,
6subject to the limitations under subds. 6., 7. and 8., to provide services to a person
7who does not live in his or her own home or apartment if the services are provided
8to the person in a community-based residential facility and the county department
9or aging unit has determined that all of the following conditions have been met:
AB100-engrossed,722,1210
a. An assessment under sub. (6) has been completed for the person prior to the
11person's admission to the community-based residential facility, whether or not the
12person is a private pay admittee at the time of admission.
AB100-engrossed,722,1613
b. The county department or aging unit documents that the option of in-home
14services has been discussed with the person, thoroughly evaluated and found to be
15infeasible, as determined by the county department or aging unit in accordance with
16rules promulgated by the department of health and family services.
AB100-engrossed,722,1917
c. The county department or aging unit determines that the community-based
18residential facility is the person's preferred place of residence or is the setting
19preferred by the person's guardian.