2001 Wisconsin Act 16

46.48 (6) Career youth development center. The department shall distribute $80,000 $110,000 in each fiscal year to the career youth development center in the city of Milwaukee. Of those amounts, $80,000 shall be distributed in each fiscal year for the operation of a minority youth substance abuse treatment program and $30,000 shall be distributed in each fiscal year for drug prevention and intervention programs for middle school and high school athletes in the Milwaukee public schools system.

16,1558 Section 1558. 46.48 (10) of the statutes is repealed.

16,1559t Section 1559t. 46.495 (1) (am) of the statutes is amended to read:

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.

16,1560d Section 1560d. 46.495 (1) (d) of the statutes is amended to read:

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), (8), and (9) (b). Each county's required match for the distributions under s. 46.40 (2) and (8) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (2) and (8) 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. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for that year. 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.

16,1562 Section 1562. 46.52 of the statutes is amended to read:

46.52 Systems change grants. From the appropriation under s. 20.435 (7) (md), the department may not distribute more than $350,000 in each fiscal year to counties to assist in relocating individuals with mental illness from institutional or residential care to less restrictive and more cost-effective community settings and services. The department shall distribute funds to each grant recipient under this section so as to permit initial phasing in of community services recovery-oriented system changes, prevention and early intervention strategies, and consumer and family involvement for individuals with mental illness who are relocated or diverted from institutional or residential care and. A grant recipient under this section may include only a nonprofit, tax-exempt corporation, as defined in s. 49.134 (1) (c), or a county. At least 10% of the funds distributed shall be for children with mental illness. The department shall eliminate the funding for a recipient at the end of a period of not more than 5 3 years in order to provide funding to benefit another county recipient. The department shall require that the community services that are developed under this section are continued, following termination of a county's funding under this section, by use of funding savings made available to the county from reduced institutional and residential care utilization from incorporating recovery, prevention and early intervention strategies, and consumer and family involvement in the services.

16,1562d Section 1562d. 46.54 of the statutes is amended to read:

46.54 Consumer and family self-help and peer-support programs. From the appropriation under s. 20.435 (7) (md), the department may not distribute more than $480,000 $874,000 in each fiscal year to increase support for mental health family support projects, employment projects operated by consumers of mental health services, mental health crisis intervention and drop-in projects, and public mental health information activities.

16,1563d Section 1563d. 46.56 (3) (b) 6. of the statutes is amended to read:

46.56 (3) (b) 6. Representatives of the county health department, as defined in s. 251.01 (2) established under s. 251.02 (1) or city-county health department established under s. 251.02 (1m).

16,1568b Section 1568b. 46.766 of the statutes is created to read:

46.766 Food pantry grants. (1) In this section:

(a) "Nonprofit organization" means an organization described in section 501 (c) of the Internal Revenue Code.

(b) "Rural" means outside a metropolitan statistical area specified under 42 CFR 412.62 (ii) (A) or within a metropolitan statistical area but isolated from an urban center.

(2) (a) From the appropriation under s. 20.435 (3) (fp), the department shall provide annual grants to food pantries that meet the eligibility requirements under sub. (4). The amount of each grant awarded to a food pantry shall be in proportion to the number of persons served by the food pantry.

(b) The department shall allocate 25% of the amounts appropriated under s. 20.435 (3) (fp) for grants to rural food pantries. The department shall allocate the remainder of the amounts available for grants under s. 20.435 (3) (fp) for grants to all food pantries. If, after awarding the grants to rural food pantries, any of the moneys remain unallocated, the department shall distribute the unallocated amounts for grants to all food pantries in proportion to the number of persons served by those food pantries.

(c) The total amount of all grants awarded annually to each food pantry under this section may not exceed $15,000.

(3) Grants awarded under this section may be used for any of the following purposes:

(a) The purchase, storage, transportation, coordination, or distribution of food to needy households.

(b) The administration of emergency food distribution.

(c) The purchase of capital equipment.

(d) Programs designed to increase food availability to needy households or enhance food security.

(e) Nutrition education and outreach.

(f) Technical assistance related to food pantry management.

(4) A food pantry is eligible for a grant under this section if the food pantry meets all of the following requirements:

(a) The food pantry applies for a grant on an application developed by the department. The application may not exceed one page.

(b) The food pantry is a nonprofit organization or is affiliated with a nonprofit organization.

(c) The food pantry distributes food packages directly, without charge, to needy households.

(d) The food pantry is open to the general public in its service area.

(e) The food pantry does not base food distribution on any criteria other than need of the recipient, except to the extent necessary for the orderly and fair distribution of food.

(f) The food pantry has a permanent address, regular hours of operation, and is open at least one day per month.

(g) The food pantry adheres to the U.S. department of agriculture food safety and food storage standards.

(5) The department may not use more than 5% of the total amount appropriated under s. 20.435 (3) (fp) for administration of the grant program under this section.

(6) A food pantry that receives a grant under this section shall, not later than 60 days after the end of the grant period, submit a report, not longer than 3 pages, to the department in the manner prescribed by the department, that describes how the grant money was used by the food pantry. The department shall compile the reports and submit the compiled reports to the legislature under s. 13.172 (2).

16,1568c Section 1568c. 46.858 of the statutes is created to read:

46.858 Publicity for Alzheimer's disease registration program. (1) In this section, "Alzheimer's disease" has the meaning given in s. 46.87 (1) (a).

(2) From the appropriation under s. 20.435 (6) (a), the department shall engage in activities to publicize the existence of a program administered by a nongovernmental entity that registers persons with Alzheimer's disease or other related dementias in a national database and provides the persons identification products in order to facilitate the safe return to caregivers of persons who have Alzheimer's disease or other related dementias and who have become lost or have wandered.

16,1568d Section 1568d. 46.86 (6) (a) (intro.) of the statutes is amended to read:

46.86 (6) (a) (intro.) From the appropriation under s. 20.435 (7) (md), the department may award not more than $1,167,900 in each fiscal year up to $1,369,000 in fiscal year 2001-02 and up to $1,330,800 in fiscal year 2002-03 and in each fiscal year thereafter, and from the appropriation under s. 20.435 (6) (gb), the department may award not more than $231,300 in fiscal year 2001-02 and not more than $319,500 in fiscal year 2002-03 and in each fiscal year thereafter, as grants to counties and private entities to provide community-based alcohol and other drug abuse treatment programs that do all of the following:

16,1568m Section 1568m. 46.87 (2) of the statutes is amended to read:

46.87 (2) From the appropriations under s. 20.435 (7) (b), (kw) and (o), the department shall allocate funds to agencies designated under sub. (3) (c), to be used for the administration and implementation of an Alzheimer's family and caregiver support program for persons with Alzheimer's disease and their caregivers.

16,1568mg Section 1568mg. 46.87 (5) (a) 3. of the statutes is amended to read:

46.87 (5) (a) 3. The household meets financial eligibility requirements specified by the department by rule, and persons in the household are ineligible for the family care benefit under s. 46.286 in a county in which a care management organization under s. 46.284 operates.

16,1568mh Section 1568mh. 46.87 (5) (b) of the statutes is amended to read:

46.87 (5) (b) Provide or contract for the provision of services and goods or make payments for services to persons a person with Alzheimer's disease living in a residential facilities facility in the county who meet meets financial eligibility requirements specified by the department by rule and is ineligible for the family care benefit under s. 46.286 in a county in which a care management organization under s. 46.284 operates.

16,1569 Section 1569. 46.93 (1m) (b) of the statutes is amended to read:

46.93 (1m) (b) "Board" means the adolescent pregnancy prevention and pregnancy services board under s. 15.195 (5).

16,1570 Section 1570. 46.93 (2) (intro.) of the statutes is amended to read:

46.93 (2) Purpose; allocation. (intro.) From the appropriation appropriations under s. 20.434 (1) (b) and (ky), the board shall award not more than $439,300 in each fiscal year for grants to organizations to provide adolescent pregnancy prevention programs or pregnancy services that include health care, education, counseling, and vocational training. Types of services and programs that are eligible for grants include all of the following:

16,1571 Section 1571. 46.93 (2m) (a) of the statutes is amended to read:

46.93 (2m) (a) Each organization that receives a grant under this section shall provide matching funds equal to 20% of the grant amount awarded. The match may be in the form of money or in-kind services or both, but any moneys used by an organization toward a match may not include moneys received from the state or federal government.

16,1572 Section 1572. 46.93 (3) of the statutes is amended to read:

46.93 (3) Staff and salaries. The salaries of the board staff and all actual and necessary operating expenses of the board shall be paid from the appropriation appropriations under s. 20.434 (1) (a) and (kp).

16,1574b Section 1574b. 46.972 (4) of the statutes is repealed.

16,1574p Section 1574p. 46.985 (7) (a) of the statutes is amended to read:

46.985 (7) (a) From the appropriations under s. 20.435 (7) (b), (kw) and (o), the department shall allocate to county departments funds for the administration and implementation of the program.

16,1574v Section 1574v. 46.986 (2) (b) 2. (intro.) of the statutes is amended to read:

46.986 (2) (b) 2. (intro.) Solicit applications from and, using the criteria under subd. 1., award in the 1999-2001 each state fiscal biennium up to one grant in each of the 5 administrative regions prescribed by the department to any of the following to conduct a life-span respite care project:

16,1575 Section 1575. 46.99 (2) (a) (intro.) of the statutes is amended to read:

46.99 (2) (a) (intro.) From the appropriations under s. 20.435 (3) (eg), (km) and (nL), the department, beginning on January 1, 2001, shall distribute $2,125,200 in each fiscal year to applying nonprofit corporations and public agencies operating in a county having a population of 500,000 or more and $1,229,300 $1,199,300 in each fiscal year to applying county departments under s. 46.22, 46.23, 51.42 or 51.437 operating in counties other than a county having a population of 500,000 or more to provide programs to accomplish all of the following:

16,1576 Section 1576. 46.995 (1m) of the statutes is amended to read:

46.995 (1m) Tribal adolescent services allocations. From the appropriation account under s. 20.435 (3) (km), the department may allocate $172,500 $195,000 in each fiscal year and, from the appropriation account under s. 20.435 (3) (eg), the department may allocate $7,500 $15,000 in each fiscal year to provide the grants specified in subs. (2), (3) (b) and (4m) (b).

16,1577 Section 1577. 46.995 (4m) (b) (intro.) of the statutes is amended to read:

46.995 (4m) (b) (intro.) From the allocations under sub. (1m), the department may provide a grant annually in the amount of $30,000 $60,000 to the elected governing body of a federally recognized American Indian tribe or band for the provision of information to members of the tribe or band in order to increase community knowledge about problems of adolescents and information to and activities for adolescents, particularly female adolescents, in order to enable the adolescents to develop skills with respect to all of the following:

16,1577g Section 1577g. 48.02 (15) of the statutes is amended to read:

48.02 (15) "Relative" means a parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt. This relationship shall be by blood, marriage, or adoption.

16,1578 Section 1578. 48.21 (5) (b) of the statutes is renumbered 48.21 (5) (b) (intro.) and amended to read:

48.21 (5) (b) (intro.) An order relating to a child held in custody outside of his or her home shall also describe include all of the following:

1. A description of any efforts that were made to permit the child to remain safely at home and the services that are needed to ensure the child's well-being, to enable the child to return safely to his or her home, and to involve the parents in planning for the child.

16,1579 Section 1579. 48.21 (5) (b) 2. of the statutes is created to read:

48.21 (5) (b) 2. If the child is held in custody outside the home in a placement recommended by the intake worker, a statement that the court approves the placement recommended by the intake worker or, if the child is placed outside the home in a placement other than a placement recommended by the intake worker, a statement that the court has given bona fide consideration to the recommendations made by the intake worker and all parties relating to the placement of the child.

16,1580 Section 1580. 48.315 (1) (h) of the statutes is created to read:

48.315 (1) (h) Any period of delay resulting from the need to appoint a qualified interpreter.

16,1583 Section 1583. 48.355 (2) (b) 6m. of the statutes is created to read:

48.355 (2) (b) 6m. If the child is placed outside the home in a placement recommended by the agency designated under s. 48.33 (1), a statement that the court approves the placement recommended by the agency or, if the child is placed outside the home in a placement other than a placement recommended by that agency, a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the child's placement.

16,1584 Section 1584. 48.357 (2v) of the statutes is created to read:

48.357 (2v) If a hearing is held under sub. (1) or (2m) and the change in placement would place the child outside the home in a placement recommended by the person or agency primarily responsible for implementing the dispositional order, the change in placement order shall include a statement that the court approves the placement recommended by that person or agency or, if the child is placed outside the home in a placement other than a placement recommended by that person or agency, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the child's placement.

16,1585d Section 1585d. 48.366 (8) of the statutes is amended to read:

48.366 (8) Transfer to or between facilities. The department of corrections may transfer a person subject to an order between secured correctional facilities. After the person attains the age of 17 years, the department of corrections may place the person in a state prison named in s. 302.01, except that the department of corrections may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). If the person is 15 years of age or over, the department of corrections may transfer the person to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). If the department of corrections places a person subject to an order under this section in a state prison, that department shall provide services for that person from the appropriate appropriation under s. 20.410 (1). The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a), except that the department of corrections may not transfer any person under the age of 18 years to the correctional institution authorized in s. 301.16 (1n).

16,1587 Section 1587. 48.375 (7) (d) 1m. of the statutes is amended to read:

48.375 (7) (d) 1m. Except as provided under s. 48.315 (1) (b), (c) and, (f), and (h), if the court fails to comply with the time limits specified under subd. 1. without the prior consent of the minor and the minor's counsel, if any, or the member of the clergy who filed the petition on behalf of the minor, if any, the minor and the minor's counsel, if any, or the member of the clergy, if any, shall select a temporary reserve judge, as defined in s. 753.075 (1) (b), to make the determination under par. (c) and issue an order granting or denying the petition and the chief judge of the judicial administrative district in which the court is located shall assign the temporary reserve judge selected by the minor and the minor's counsel, if any, or the member of the clergy, if any, to make the determination and issue the order. A temporary reserve judge assigned under this subdivision to make a determination under par. (c) and issue an order granting or denying a petition shall make the determination and issue the order within 2 calendar days after the assignment, unless the minor and her counsel, if any, or the member of the clergy who filed the petition on behalf of the minor, if any, consent to an extension of that time period. The order shall be effective immediately. The court shall prepare and file with the clerk of court findings of fact, conclusions of law and a final order granting or denying the petition, and shall notify the minor of the court's order, as provided under subd. 1.

16,1618r Section 1618r. 48.48 (17) (e) of the statutes is created to read:

48.48 (17) (e) The department shall promulgate rules regulating the administration of child welfare services in a county having a population of 500,000 or more. Those rules shall include rules providing for all of the following:

1. The process by which the department contracts for the provision of child welfare services that the department is authorized to provide under this chapter.

2. Grievance procedures under which any person who is aggrieved by any act or omission of the department, or of a person contracting to provide child welfare services under this chapter, relating to the provision of those services may grieve that act or omission.

3. Caseload ratios for staff providing direct child welfare services under this chapter, whether employed by the department or by a person contracting to provide child welfare services under this chapter.

4. Standards for the provision of child welfare services under this chapter.