AB665: Bill Text

AB665, s. 8 Section 8. 46.515 (1) (b) 1. c. of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB665,24,3 46.515 (1) (b) 1. c. A family that includes a person who has contacted a county department, as defined in s. 48.02 (2g), or an Indian tribe that has been awarded a grant under this section or, in a county having a population of 500,000 or more that has been awarded a grant under this section, the department or a licensed child welfare agency under contract with the department requesting assistance to prevent abuse or neglect of a child in the person's family and with respect to which an individual responding to the request has determined that all of the conditions in subd. 2. exist.

Note: The 1997 budget act, 1997 Wisconsin Act 27, transfers the duty and authority to provide child welfare services in Milwaukee County from the Milwaukee County department of social services to DHFS, effective January 1, 1998. The budget act also permits DHFS to contract with a licensed child welfare agency to provide those services. This bill reconciles this provision of this bill with that transfer of duty and authority by the budget act.

AB665, s. 9 Section 9. 48.981 (8) (a) and (d) 1. of the statutes are amended to read:

AB665,24,18 48.981 (8) (a) The department and county departments to the extent feasible shall conduct continuing education and training programs for staff of the department, county departments and tribal social services departments, persons and officials required to report, the general public and others as appropriate. The programs shall be designed to encourage reporting of child abuse and neglect, to encourage self-reporting and voluntary acceptance of services and to improve communication, cooperation and coordination in the identification, prevention and treatment of child abuse and neglect. Programs provided for staff of county departments and licensed child welfare agencies under contract with county departments whose responsibilities include the investigation or treatment of child abuse and neglect shall also be designed to provide information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 46.95 (1) (a). The department and county departments shall develop public information programs about child abuse and neglect.

Note: Requires that continuing education and training programs that are provided for staff of county departments and licensed child welfare agencies under contract with county departments whose responsibilities include the investigation or treatment of child abuse and neglect also be designed to provide information on means of appropriately responding to and recognizing domestic abuse, as defined in s. 46.95 (1) (a), stats. See the Prefatory note for an explanation of that definition.

AB665,25,8 (d) 1. Each county department or licensed child welfare agency under contract with a county department staff member and supervisor whose responsibilities include investigation or treatment of child abuse and neglect shall successfully complete training in child abuse and neglect protective services approved by the department. The training shall include information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 46.95 (1) (a). The department shall monitor compliance with this subdivision according to rules promulgated by the department.

Note: Requires that the training required of each staff member and supervisor of a county department or licensed child welfare agency under contract with a county department whose responsibilities include investigation or treatment of child abuse and neglect include information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 46.95 (1) (a), stats. See the Prefatory note for an explanation of that definition.

AB665, s. 10 Section 10. 48.981 (8) (a) and (d) 1. of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (this act), are repealed and recreated to read:

AB665,26,7 48.981 (8) (a) The department, the county departments and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more to the extent feasible shall conduct continuing education and training programs for staff of the department, the county departments, a licensed child welfare agency under contract with the department or a county department, and the tribal social services departments, persons and officials required to report, the general public and others as appropriate. The programs shall be designed to encourage reporting of child abuse and neglect, to encourage self-reporting and voluntary acceptance of services and to improve communication, cooperation and coordination in the identification, prevention and treatment of child abuse and neglect. Programs provided for staff of the department, county departments and licensed child welfare agencies under contract with county departments or, in a county having a population of 500,000 or more, the department whose responsibilities include the investigation or treatment of child abuse and neglect shall also be designed to provide information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 46.95 (1) (a). The department, the county departments and a licensed child welfare agency under contract with the department in a county having a population of 500,000 or more shall develop public information programs about child abuse and neglect.

AB665,26,14 (d) 1. Each agency staff member and supervisor whose responsibilities include investigation or treatment of child abuse and neglect shall successfully complete training in child abuse and neglect protective services approved by the department. The training shall include information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 46.95 (1) (a). The department shall monitor compliance with this subdivision according to rules promulgated by the department.

Note: The 1997 budget act, 1997 Wisconsin Act 27, amends s. 48.981 (8) (a) and (d) 1., stats., effective January 1, 1998. This Section reconciles the treatment of s. 48.981 (8) (a) and (d) 1., stats., by this bill and the budget act.

AB665, s. 11 Section 11. 48.982 (2e) of the statutes is created to read:

AB665,26,22 48.982 (2e) Nonstock, nonprofit corporation. (a) The board may organize and maintain a nonstock, nonprofit corporation under ch. 181 for the exclusive purpose of soliciting and accepting contributions, grants, gifts and bequests for the children's trust fund. Any contributions, grants, gifts or bequests accepted by the corporation shall be deposited in the children's trust fund and, in accordance with the wishes of the donor, shall be used for any of the purposes specified in sub. (2m) or shall continue to accumulate in the children's trust fund pursuant to s. 25.67 (2).

AB665,27,7 (b) The board shall enter into a contract with any corporation organized and maintained under par. (a). The contract shall provide that the board may make use of the services of the corporation and that the board may provide administrative services to the corporation. The type and scope of any administrative services provided by the board to the corporation and the board employes assigned to perform the services shall be determined by the board. The corporation may neither employ staff nor engage in political activities.

AB665,27,11 (c) The corporation under par. (a) shall donate any real property to the state within 5 years after acquiring the property unless holding the property for more than 5 years is consistent with sound business and financial practices and is approved by the joint committee on finance.

AB665,27,15 (d) The board, the department of administration, the legislative fiscal bureau, the legislative audit bureau and the appropriate committee of each house of the legislature, as determined by the presiding officer, may examine all records of the corporation.

AB665,27,21 (e) The board of directors of any corporation established under this subsection shall consist of 5 members, including the chairperson of the child abuse and neglect prevention board and 4 members of the child abuse and neglect prevention board, elected by the child abuse and neglect prevention board, of which one shall be a legislator. No 2 members of the board of directors may be from the same category of child abuse and neglect prevention board members under s. 15.195 (4) (a) to (g).

AB665,28,2 (f) Any corporation established under this subsection shall be organized so that contributions to it will be deductible from adjusted gross income under section 170 of the Internal Revenue Code, as defined under s. 71.01 (6), and so that the corporation will be exempt from taxation under section 501 of the Internal Revenue Code, as defined under s. 71.22 (4), and under s. 71.26 (1) (a).

Note: This Section authorizes the board to organize a nonstock, nonprofit corporation for the purpose of soliciting and accepting contributions for the CTF, as discussed in the prefatory note.

AB665, s. 12 Section 12. 48.982 (6) (d) of the statutes is amended to read:

AB665,28,17 48.982 (6) (d) The board shall award grants to organizations for programs that provide parenting education services but not crisis intervention. Grants shall be used for direct parent education and referrals to other social services programs and outreach programs, including programs that provide education to parents in their homes. For organizations applying for grants for the first time on or after the effective date of this paragraph .... [revisor inserts date], the board shall give favorable consideration in awarding grants to organizations for programs in communities where home visitation programs that provide in-home visitation services to parents with newborn infants are in existence or are in development and, if grants are awarded, shall require programs supported by grants to maximize coordination with these home visitation programs. Programs supported by the grants shall track individual clients to ensure that they receive necessary services and shall emphasize direct services to families with children who are 3 years of age or less.

Note: Amends current law relating to the awarding of early childhood family education center grants by the child abuse and neglect prevention board by requiring the board, for organizations that are applying for grants for the first time on or after the effective date of this bill, to give favorable consideration in awarding the grants to organizations for programs in communities where home visitation programs that provide in-home visitation services to parents with newborn infants are in existence or are in development. If grants are awarded, the programs supported by the grants must maximize coordination with these home visitation programs.

AB665, s. 13 Section 13. 49.45 (25) (b) of the statutes is amended to read:

AB665,29,8 49.45 (25) (b) A county, city, village or town may elect to make case management services under this subsection available in the county, city, village or town to one or more of the categories of beneficiaries under par. (am) through the medical assistance program. A Except as provided in par. (bc), a county, city, village or town that elects to make the services available shall reimburse a case management provider for the amount of the allowable charges for those services under the medical assistance program that is not provided by the federal government.

Note: Cross-references the exception in s. 49.45 (25) (bc), as created by the bill, to the requirement under current law that a county, city, village or town that elects to make MA case management services available to one or more of the categories of MA beneficiaries listed in s. 49.45 (25) (am) 1. to 13., stats., must reimburse a case management provider for the amount of the allowable charges that is not provided by the federal government.

AB665, s. 14 Section 14. 49.45 (25) (b) of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB665,29,19 49.45 (25) (b) A county, city, village, town or, in a county having a population of 500,000 or more, the department may elect to make case management services under this subsection available in the county, city, village or town to one or more of the categories of beneficiaries under par. (am) through the medical assistance program. Except as provided in par. (bc), a county, city, village, town or, in a county having a population of 500,000 or more, the department that elects to make the services available shall reimburse a case management provider for the amount of the allowable charges for those services under the medical assistance program that is not provided by the federal government.

Note: The 1997 budget act, 1997 Wisconsin Act 27, amends s. 49.45 (25) (b), stats., effective January 1, 1998. This Section reconciles the treatment of s. 49.45 (25) (b), stats., by this bill and the budget act.

AB665, s. 15 Section 15. 49.45 (25) (bc) of the statutes is created to read:

AB665,30,9 49.45 (25) (bc) If a county, other than a county with a population of 500,000 or more, or an Indian tribe elects to make case management services under this subsection available to the category of beneficiaries under par. (am) 9. and if that county or Indian tribe is the recipient of a grant under s. 46.515, the department shall reimburse a case management provider for the amount of the allowable charges for case management services under the medical assistance program that is not reimbursed by the federal government if those services are provided to a child who is a member of a family that receives home visitation program services under s. 46.515 (4) (b) 1.

Note: With limited exceptions, case management services are reimbursable under MA only if provided to an MA beneficiary who receives case management services from or through a certified case management provider in a county, city, village or town that elects under s. 49.45 (25) (b), stats., to make the services available to one or more of the categories of MA beneficiaries listed in s. 49.45 (25) (am) 1. to 13., stats., and the MA beneficiary is in one of the elected categories. One of the categories that may be elected is s. 49.45 (25) (am) 9., stats., that is, "a member of a family that has a child who is at risk of serious physical, mental or emotional dysfunction, as defined [by DHFS]".

The bill provides that if a county, other than Milwaukee County, or an Indian tribe elects to make the MA case management services available to those "at-risk" MA beneficiaries and if the county or Indian tribe is the recipient of a prevention grant under s. 46.515, stats., as created by the bill, then DHFS, not the county or Indian tribe, must reimburse a case management provider for the amount of the allowable charges that is not provided by the federal government. This reimbursement is for case management services provided to a child who is a member of a family that receives home visitation services under s. 46.515 (4) (b) 1., stats., as created by the bill, that is, those first-time, MA-eligible parents who are selected for risk assessment, who undergo the assessment, who are found to be at risk of perpetrating child abuse and neglect and who are offered and accept home visitation program services. (Section 49.45 (25) (c), stats., provides that DHFS must reimburse the provider for the federal portion of the allowable charges.)

AB665, s. 16 Section 16. 49.45 (25) (c) of the statutes is amended to read:

AB665,30,14 49.45 (25) (c) Except as provided in pars. (b), (bc), (be) and (bg), the department shall reimburse a provider of case management services under this subsection only for the amount of the allowable charges for those services under the medical assistance program that is provided by the federal government.

Note: Creates an additional exception to the requirement under current law that DHFS must reimburse a provider for case management services only for allowable charges approved by the federal government for MA, in order to take into account s. 49.45 (25) (bc), as created by the bill. This Section also provides in s. 49.45 (25) (c), stats., a cross-reference to s. 49.45 (25) (b), stats., to acknowledge that s. 49.45 (25) (b), stats., also provides an exception to the requirement that DHFS must reimburse a provider for case management services only for allowable charges approved by the federal government for MA.

AB665, s. 17 Section 17. Nonstatutory provisions; health and family services.

AB665,31,9 (1) If the department of health and family services is unable to obtain funding from private sources for the evaluation under section 46.515 (7) (a) of the statutes, as created by this act, or funding for the federal share of medical assistance case management services provided as part of the home visitation program in the 2 counties selected for the evaluation, as specified under section 46.515 (7) (d) of the statutes, as created by this act, the department shall submit a request to the joint committee on finance for consideration of funding under the procedures set forth in sections 13.10 and 13.101 of the statutes.

Note: Requires DHFS to submit a request for funding to the joint committee on finance, under the procedures in ss. 13.10 and 13.101, stats., in the event that DHFS is unable to obtain private funding for the home visitation program evaluation or for providing home visitation program case management services in the 2 evaluation counties if MA reimbursement is disallowed by the federal government for those evaluation counties.

AB665,31,17 (2) Of the amounts appropriated to the department of health and family services under section 20.435 (5) (o) of the statutes, the department shall expend $675,760 in fiscal year 1997-98 and $1,351,520 in fiscal year 1998-99 to fund the federal share for providing medical assistance case management services to persons in the home visitation program under section 46.515 (4) (b) 1. of the statutes, as created by this act, and to persons for whom a county or Indian tribe reimburses a case management provider under section 46.515 (4) (a) 3. of the statutes, as created by this act.

Note: Requires DHFS to expend $675,760 in fiscal year 1997-98 and $1,351,520 in fiscal year 1998-99 from the federal program revenue appropriation for the MA program to fund the federal share for providing MA case management services to: (a) persons in the home visitation program under s. 46.515 (4) (b) 1., stats., as created by the bill; and (b) persons who are defined as "cases" under s. 46.515 (1) (b), stats., as created by the bill, for whom a county or Indian tribe uses prevention grant funds to reimburse a case management provider for the nonfederal portion of allowable charges for case management services.

AB665, s. 18 Section 18. Appropriation changes; health and family services.

AB665,32,8 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (5) (b) of the statutes, as affected by the acts of 1997, the dollar amount is increased by $197,000 for fiscal year 1997-98 and the dollar amount is increased by $394,000 for fiscal year 1998-99 to fund the state share for providing medical assistance case management services to persons in the home visitation program under section 46.515 (4) (b) 1. of the statutes, as created by this act.

Note: Increases the general purpose revenue appropriation for the MA program by $197,000 GPR in fiscal year 1997-98 and by $394,000 GPR in fiscal year 1998-99 to fund the state share for providing MA case management services to persons in the home visitation program under s. 46.515, stats., as created by the bill.

AB665, s. 19 Section 19. Effective dates. This act takes effect on the day after publication, except as follows:

AB665,32,13 (1) The repeal and recreation of sections 46.515 (1) (b) 1. c., 48.981 (8) (a) and (d) 1. and 49.45 (25) (b) of the statutes takes effect on January 1, 1998, or on the day after publication, whichever is later.

AB665,32,15 (2) The repeal and recreation of section 25.67 (2) (a) 1. and (b) of the statutes takes effect on January 1, 1999.

AB665,32,16 (End)