2001 Wisconsin Act 16

(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.

5. The use of an open public participation process for the planning, monitoring, and evaluation of child welfare services provided under this chapter.

16,1619r Section 1619r. 48.55 (1) of the statutes is amended to read:

48.55 (1) The department shall establish a state adoption information exchange for the purpose of finding adoptive homes for children with special needs who do not have permanent homes and a state adoption center for the purposes of increasing public knowledge of adoption and promoting to adolescents and pregnant women the availability of adoption services. From the appropriation under s. 20.435 (3) (dg), the department may provide not more than $125,000 $163,700 in fiscal year 2001-02 and not more than $171,300 in each fiscal year thereafter as grants to individuals and private agencies to provide adoption information exchange services and to operate the state adoption center.

16,1620 Section 1620. 48.561 (3) (a) of the statutes is renumbered 48.561 (3) (a) (intro.) and amended to read:

48.561 (3) (a) (intro.) A county having a population of 500,000 or more shall contribute $58,893,500 in each state fiscal year for the provision of child welfare services in that county by the department. That contribution shall be made as follows:

16,1621 Section 1621. 48.561 (3) (a) 1. of the statutes is created to read:

48.561 (3) (a) 1. Through a reduction of $37,209,200 from the amount distributed to that county under s. 46.40 (2) in each state fiscal year.

16,1622 Section 1622. 48.561 (3) (a) 2. of the statutes is created to read:

48.561 (3) (a) 2. Through a reduction of $1,583,000 from the amount distributed to that county under s. 46.40 (2m) (a) in each state fiscal year.

16,1623 Section 1623. 48.561 (3) (a) 3. of the statutes is created to read:

48.561 (3) (a) 3. Through a deduction of $20,101,300 from any state payment due that county under s. 79.03, 79.04, 79.058, 79.06, or 79.08 as provided in par. (b).

16,1624d Section 1624d. 48.561 (3) (b) of the statutes is amended to read:

48.561 (3) (b) The department of administration shall collect the amount specified in par. (a) 3. from a county having a population of 500,000 or more by deducting all or part of that amount from any state payment due that county under s. 46.40, 79.03, 79.04, 79.058, 79.06 , or 79.08. The department of administration shall notify the department of revenue, by September 15 of each year, of the amount to be deducted from the state payments due under s. 79.03, 79.04, 79.058, 79.06, or 79.08. The department of administration shall credit all amounts collected under this paragraph to the appropriation account under s. 20.435 (3) (kw) and shall notify the county from which those amounts are collected of that collection. The department may not expend any moneys from the appropriation account under s. 20.435 (3) (cx) for providing services to children and families under s. 48.48 (17) until the amounts in the appropriation account under s. 20.435 (3) (kw) are exhausted.

16,1629 Section 1629. 48.57 (3p) (fm) 2. of the statutes is amended to read:

48.57 (3p) (fm) 2. A person receiving payments under sub. (3m) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 500,000 or more, the department of health and family services that the employee or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payments under sub. (3m) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 500,000 or more, the department of health and family services receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the county department so advises or, in a county having a population of 500,000 or more, the department of health and family services and so advises the person receiving payments under sub. (3m) or the department of health and family services so advises that person until a decision is made under par. (h) 4. to permit a person who is receiving payments under sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or to permit a person to be an adult resident and the county department or, in a county having a population of 500,000 or more, the department of health and family services so advises the person receiving payments under sub. (3m). A person receiving payments under sub. (3m) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 500,000 or more, the department of health and family services that the federal bureau of investigation indicates that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

16,1629x Section 1629x. 48.57 (3r) of the statutes is created to read:

48.57 (3r) If the amounts in the appropriation under s. 20.435 (3) (kc) are insufficient to provide payments under sub. (3m) (am) (intro.) or (3n) (am) (intro.) to all persons who are eligible to receive those payments, the department may request the secretary of administration under s. 16.515 to supplement that appropriation for the purpose of increasing funding for those payments. Notwithstanding s. 16.515 (1), the secretary of administration may supplement the appropriation under s. 20.435 (3) (kc) if all of the following occur:

(a) The secretary of administration determines that the amounts in the appropriation are insufficient to provide payments under sub. (3m) (am) (intro.) or (3n) (am) (intro.) to all persons who are eligible to receive those payments.

(b) The joint committee on finance either does not schedule a meeting for the purpose of reviewing the proposed supplementation within 14 working days after the secretary of administration notifies the committee of the proposed supplementation or, if the committee schedules a meeting for the purpose of reviewing the proposed supplementation, the committee approves the proposed supplementation.

16,1635 Section 1635. 48.627 (3) (h) of the statutes is amended to read:

48.627 (3) (h) If a claim by a foster, treatment foster or family-operated group home parent or a member of the foster, treatment foster or family-operated group home parent's family is approved, the department shall deduct from the amount approved $200 $100 less any amount deducted by an insurance company from a payment for the same claim, except that a foster, treatment foster or family-operated group home parent and his or her family are subject to only one deductible for all claims filed in a fiscal year.

16,1636 Section 1636. 48.651 (1) (intro.) of the statutes is amended to read:

48.651 (1) (intro.) Each county department shall certify, according to the standards adopted by the department of workforce development under s. 49.155 (1d), each day care provider reimbursed for child care services provided to families determined eligible under s. 49.155 (1m), unless the provider is a day care center licensed under s. 48.65 or is established or contracted for under s. 120.13 (14). Each county may charge a fee to cover the costs of certification. To be certified under this section, a person must meet the minimum requirements for certification established by the department of workforce development under s. 49.155 (1d), meet the requirements specified in s. 48.685 and pay the fee specified in this section. The county shall certify the following categories of day care providers:

16,1636d Section 1636d. 48.67 of the statutes is amended to read:

48.67 Rules governing child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. These rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of commerce and the department of public instruction before promulgating these rules. In establishing the minimum requirements for the issuance of licenses to day care centers that provide care and supervision for children under one year of age, the department shall include a requirement that all licensees who are individuals and all employees and volunteers of a licensee who provide care and supervision for children receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome.

16,1651g Section 1651g. 48.981 (1) (am) 1. of the statutes is amended to read:

48.981 (1) (am) 1. The child's parent, grandparent, greatgrandparent, stepparent, brother, sister, stepbrother, stepsister, half brother, or half sister.

16,1651h Section 1651h. 48.981 (1) (fm) of the statutes is amended to read: