AB1-ASA1-CA1,175,115
48.417
(1) (a) The child has been placed outside of his or her home, as described
6in s. 48.365 (1)
or 938.365 (1), for 15 of the most recent 22 months
, not including any
7period during which the child was a runaway from the out-of-home placement or the
8first 6 months of any period during which the child was returned to his or her home
9for a trial home visit. If the circumstances specified in this paragraph apply, the
10petition shall be filed or joined in by the last day of the 15th month, as described in
11this paragraph, for which the child was placed outside of his or her home.
AB1-ASA1-CA1,175,2113
48.417
(1) (b) A court of competent jurisdiction has found under s. 48.13 (2) or
14under a law of any other state or a federal law that is comparable to s. 48.13 (2) that
15the child was abandoned when he or she was under one year of age or has found that
16the parent abandoned the child when the child was under one year of age in violation
17of s. 948.20 or in violation of the law of any other state or federal law, if that violation
18would be a violation of s. 948.20 if committed in this state.
If the circumstances
19specified in this paragraph apply, the petition shall be filed or joined in within 60
20days after the date on which the court of competent jurisdiction found that the child
21was abandoned as described in this paragraph.
AB1-ASA1-CA1,176,923
48.417
(1) (c) A court of competent jurisdiction has found that the parent has
24committed, has aided or abetted the commission of, or has solicited, conspired
, or
1attempted to commit, a violation of s. 940.01, 940.02, 940.03
, or 940.05 or a violation
2of the law of any other state or federal law, if that violation would be a violation of
3s. 940.01, 940.02, 940.03
, or 940.05 if committed in this state, and that the victim of
4that violation is a child of the parent.
If the circumstances specified in this paragraph
5apply, the petition shall be filed or joined in within 60 days after the date on which
6the court assigned to exercise jurisdiction under this chapter determines, based on
7a finding that a circumstance specified in this paragraph applies, that reasonable
8efforts to make it possible for the child to return safely to his or her home are not
9required.
AB1-ASA1-CA1,176,2211
48.417
(1) (d) A court of competent jurisdiction has found that the parent has
12committed a violation of s. 940.19 (2), (3), (4)
, or (5), 940.225 (1) or (2), 948.02 (1) or
13(2), 948.025
, or 948.03 (2) (a) or (3) (a) or a violation of the law of any other state or
14federal law, if that violation would be a violation of s. 940.19 (2), (3), (4)
, or (5), 940.225
15(1) or (2), 948.02 (1) or (2), 948.025
, or 948.03 (2) (a) or (3) (a) if committed in this state,
16and that the violation resulted in great bodily harm, as defined in s. 939.22 (14), or
17in substantial bodily harm, as defined in s. 939.22 (38), to the child or another child
18of the parent.
If the circumstances specified in this paragraph apply, the petition
19shall be filed or joined in within 60 days after the date on which the court assigned
20to exercise jurisdiction under this chapter determines, based on a finding that a
21circumstance specified in this paragraph applies, that reasonable efforts to make it
22possible for the child to return safely to his or her home are not required.
AB1-ASA1-CA1, s. 104b
23Section 104b. 48.417 (1) (d) of the statutes, as affected by 2001 Wisconsin Act
24.... (this act), is amended to read:
AB1-ASA1-CA1,177,13
148.417
(1) (d) A court of competent jurisdiction has found that the parent has
2committed
a violation of s. 940.19 (3), 1999 stats., a violation of s. 940.19 (2),
(3), (4),
3or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.03 (2) (a) or (3) (a) or a
4violation of the law of any other state or federal law, if that violation would be a
5violation of s. 940.19 (2),
(3), (4), or (5), 940.225 (1) or (2), 948.02 (1) or (2), 948.025,
6or 948.03 (2) (a) or (3) (a) if committed in this state, and that the violation resulted
7in great bodily harm, as defined in s. 939.22 (14), or in substantial bodily harm, as
8defined in s. 939.22 (38), to the child or another child of the parent. If the
9circumstances specified in this paragraph apply, the petition shall be filed or joined
10in within 60 days after the date on which the court assigned to exercise jurisdiction
11under this chapter determines, based on a finding that a circumstance specified in
12this paragraph applies, that reasonable efforts to make it possible for the child to
13return safely to his or her home are not required.
AB1-ASA1-CA1,177,1615
48.417
(2) (a) The child is being cared for by a
fit and willing relative of the
16child.
AB1-ASA1-CA1,177,2018
48.417
(2) (b) The child's permanency plan indicates
and provides
19documentation that termination of parental rights to the child is not in the best
20interests of the child.
AB1-ASA1-CA1,177,2322
48.417
(2) (d) Grounds for an involuntary termination of parental rights under
23s. 48.415 do not exist.".
AB1-ASA1-CA1,178,213
48.63
(1) Acting
pursuant to under court order or voluntary agreement, the
4child's parent or guardian or the department of health and family services, the
5department of corrections, a county department
, or a child welfare agency licensed
6to place children in foster homes, treatment foster homes
, or group homes may place
7a child or negotiate or act as intermediary for the placement of a child in a foster
8home, treatment foster home
, or group home. Voluntary agreements under this
9subsection may not be used for placements in facilities other than foster, treatment
10foster
, or group homes and may not be extended. A foster home or treatment foster
11home placement under a voluntary agreement may not exceed
6 months 180 days
12from the date on which the child was removed from the home under the voluntary
13agreement. A group home placement under a voluntary agreement may not exceed
1415 days
from the date on which the child was removed from the home under the
15voluntary agreement, except as provided in sub. (5). These time limitations do not
16apply to placements made under s. 48.345, 938.183, 938.34
, or 938.345. Voluntary
17agreements may be made only under this subsection and sub. (5) (b) and shall be in
18writing and shall specifically state that the agreement may be terminated at any
19time by the parent or guardian or by the child if the child's consent to the agreement
20is required. The child's consent to the agreement is required whenever the child is
2112 years of age or older.
AB1-ASA1-CA1,179,823
48.63
(4) A permanency plan under s. 48.38 is required for each child placed
24in a foster home or treatment foster home under sub. (1). If the child is living in a
25foster home or treatment foster home under a voluntary agreement, the agency that
1negotiated or acted as intermediary for the placement shall prepare the permanency
2plan within 60 days after the
placement date on which the child was removed from
3his or her home under the voluntary agreement. A copy of each plan shall be provided
4to the child if he or she is 12 years of age or over and to the child's parent or guardian.
5If the agency
which that arranged the voluntary placement intends to seek a court
6order to place the child outside of his or her home at the expiration of the voluntary
7placement, the agency shall prepare a revised permanency plan and file that revised
8plan with the court prior to the date of the hearing on the proposed placement.
AB1-ASA1-CA1,180,211
48.63
(5) (b) If a child who is at least 14 years of age, who is a custodial parent,
12as defined in s. 49.141 (1) (b), or an expectant mother, and who is in need of a safe
13and structured living arrangement and the parent or guardian of the child consent,
14a child welfare agency licensed to place children in group homes may place the child
15or arrange the placement of the child in a group home described in s. 48.625 (1m).
16Before placing a child or arranging the placement of a child under this paragraph,
17the child welfare agency shall report any suspected abuse or neglect of the child as
18required under s. 48.981 (2). A voluntary agreement to place a child in a group home
19described in s. 48.625 (1m) may be made only under this paragraph, shall be in
20writing, and shall specifically state that the agreement may be terminated at any
21time by the parent, guardian, or child. An initial placement under this paragraph
22may not exceed
6 months 180 days from the date on which the child was removed
23from the home under the voluntary agreement, but may be extended as provided in
24par. (d) 3. to 6. An initial placement under this paragraph of a child who is under 16
1years of age on the date of the initial placement may be extended as provided in par.
2(d) 3. to 6. no more than once.
AB1-ASA1-CA1,180,105
48.63
(5) (c) A permanency plan under s. 48.38 is required for each child placed
6in a group home under par. (b) and for any child of that child who is residing with that
7child. The agency that placed the child or that arranged the placement of the child
8shall prepare the plan within 60 days after the
placement date on which the child was
9removed from his or her home under the voluntary agreement and shall provide a
10copy of the plan to the child and the child's parent or guardian.".
AB1-ASA1-CA1,180,1813
48.685
(5) (bm) 4. A violation of s.
125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b),
14125.66 (3), 125.68 (12), 940.09, 940.19 (2), (3), (4), (5)
, or (6), 940.20, 940.203, 940.205
15or, 940.207
, or 940.25, a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under
16s. 346.65 (2) (e) or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony, if
17committed not more than 5 years before the date of the investigation under sub. (2)
18(am).
AB1-ASA1-CA1, s. 114b
19Section 114b. 48.685 (5) (bm) 4. of the statutes, as affected by 2001 Wisconsin
20Act .... (this act), is amended to read:
AB1-ASA1-CA1,181,221
48.685
(5) (bm) 4. A violation of
s. 940.19 (3), 1999 stats., or of s. 125.075 (1),
22125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2),
(3), (4),
23(5), or (6), 940.20, 940.203, 940.205, 940.207, or 940.025, a violation of s. 346.63 (1),
24(2), (5), or (6) that is a felony under s. 346.65 (2) (e) or (f), (2j) (d) or (3m), or an offense
1under ch. 961 that is a felony, if committed not more than 5 years before the date of
2the investigation under sub. (2) (am).
AB1-ASA1-CA1,181,74
48.78
(2) (a) No agency may make available for inspection or disclose the
5contents of any record kept or information received about an individual in its care
6or legal custody, except as provided under s. 48.371, 48.38 (5) (b) or (d)
or (5m) (d),
748.432, 48.433, 48.93, 48.981 (7), 938.51
, or 938.78 or by order of the court.
AB1-ASA1-CA1,182,210
48.977
(2) (f) That the agency primarily responsible for providing services to
11the child under a court order has made reasonable efforts to make it possible for the
12child to return to his or her home, while assuring that the child's health and safety
13are the paramount concerns, but that reunification of the child with the child's
14parent or parents is unlikely or contrary to the best interests of the child and that
15further reunification efforts are unlikely to be made or are contrary to the best
16interests of the child, except that the court
need not
is not required to find that the
17agency has made those reasonable efforts with respect to a parent of the child if any
18of the circumstances specified in s. 48.355 (2d) (b) 1.
, 2., 3., 4., or 5. apply to 5. applies 19to that parent.
The court shall make the findings specified in this paragraph on a
20case-by-case basis based on circumstances specific to the child and shall document
21or reference the specific information on which those findings are based in the
22guardianship order. A guardianship order that merely references this paragraph
23without documenting or referencing that specific information in the order or an
24amended guardianship order that retroactively corrects an earlier guardianship
1order that does not comply with this paragraph is not sufficient to comply with this
2paragraph.".
AB1-ASA1-CA1,182,106
49.175
(1) (z)
Community youth grant. For a competitive grant program
7administered by the department to fund programs that improve social, academic and
8employment skills of youth who are eligible to receive temporary assistance for needy
9families under
42 USC 601 et seq.,
$7,579,700 $7,829,700 in fiscal year 2001-02 and
10$50,000 $300,000 fiscal year 2002-03.".
AB1-ASA1-CA1,182,12
12"
Section 119g. 49.152 (title) of the statutes is renumbered 49.16 (title).
AB1-ASA1-CA1, s. 119gj
16Section 119gj. 49.152 (3) (a) of the statutes is renumbered 49.16 (3) (a) and
17amended to read:
AB1-ASA1-CA1,183,318
49.16
(3) (a) If, following review under sub. (2), the Wisconsin works agency or
19the department determines that an individual
, whose application for a Wisconsin
20works employment position was denied based on eligibility, was in fact eligible, or
21that the individual was placed in an inappropriate Wisconsin works employment
22position, the Wisconsin works agency shall place the individual in the first available
23Wisconsin works employment position that is appropriate for that individual, as
24determined by the Wisconsin works agency or the department. An individual who
1is placed in a Wisconsin works employment position under this paragraph is eligible
2for the benefit for that position under s. 49.148 beginning on the date on which the
3individual begins participation under s. 49.147.
AB1-ASA1-CA1, s. 119gk
4Section 119gk. 49.152 (3) (b) of the statutes is renumbered 49.16 (3) (b) and
5amended to read:
AB1-ASA1-CA1,183,156
49.16
(3) (b) If, following review under sub. (2), the Wisconsin works agency or
7the department determines that
an individual's application was not acted upon with
8reasonable promptness or was improperly denied in whole or in part or that a
9participant's benefit was improperly modified or canceled
, or was calculated
10incorrectly, the Wisconsin works agency shall
restore the benefit to the level
11determined to be appropriate by the Wisconsin works agency or by the department 12grant the appropriate benefit, retroactive to the date on which the
individual's
13application was first not acted upon with reasonable promptness or improperly
14denied in whole or in part or the individual's benefit was first improperly modified
15or canceled or incorrectly calculated.".
AB1-ASA1-CA1,184,619
49.195
(3) A county, tribal governing body, Wisconsin works agency or the
20department shall determine whether an overpayment has been made under s. 49.19,
2149.148, 49.155 or 49.157 and, if so, the amount of the overpayment. The county, tribal
22governing body, Wisconsin works agency or department shall provide notice of the
23overpayment to the liable person. The department shall give that person an
24opportunity for a review following the procedure specified under s.
49.152 49.16, if
1the person received the overpayment under s. 49.141 to 49.161, and for a hearing
2under ch. 227. Notwithstanding s. 49.96, the department shall promptly recover all
3overpayments made under s. 49.19, 49.148, 49.155 or 49.157 that have not already
4been received under s. 49.161 or 49.19 (17) and shall promulgate rules establishing
5policies and procedures to administer this subsection. The rules shall include
6notification procedures similar to those established for child support collections.".
AB1-ASA1-CA1,184,129
49.45
(2) (a) 9. Periodically set forth conditions of participation and
10reimbursement
in a contract with provider for contracts with providers of service
11under this section.
The department shall promulgate rules that specify criteria for
12and required procedures for submittal of appropriate claims for reimbursement.
AB1-ASA1-CA1,184,2115
49.45
(2) (a) 10. After reasonable notice and opportunity for
a hearing
16conducted as a class 2 proceeding under ch. 227, recover money improperly or
17erroneously paid or overpayments to a provider by offsetting or adjusting amounts
18owed the provider under the program, crediting against a provider's future claims
19for reimbursement for other services or items furnished by the provider under the
20program, or requiring the provider to make direct payment to the department or its
21fiscal intermediary.
AB1-ASA1-CA1,185,75
49.45
(2) (a) 11. Establish criteria for
the certification of
eligible providers of
6medical assistance and, except as provided in
par. (b) 6m. and s. 49.48
, and subject
7to par. (b) 7. and 8., certify providers who meet the criteria.
AB1-ASA1-CA1,185,2512
49.45
(2) (a) 12. Decertify
or suspend under this subdivision a provider from
13or restrict a provider's participation in the medical assistance program, if after
14giving reasonable notice and opportunity for hearing the department finds that the
15provider has violated a federal statute or regulation or a state statute or
16administrative rule and the violation is by statute, regulation, or rule grounds for
17decertification or
restriction. The department shall suspend the provider pending
18the hearing under this subdivision if the department includes in its decertification
19notice findings that the provider's continued participation in the medical assistance
20program pending hearing is likely to lead to the irretrievable loss of public funds and
21is unnecessary to provide adequate access to services to medical assistance
22recipients. As soon as practicable after the hearing, the department shall issue a
23written decision suspension. No payment may be made under the medical assistance
24program with respect to any service or item furnished by the provider subsequent to
25decertification or during the period of suspension.
AB1-ASA1-CA1,186,64
49.45
(2) (a) 14. Assure due process in implementing subds. 12. and 13. by
5providing written notice
, a fair hearing and a written decision and a hearing
6conducted as a class 2 proceeding under ch. 227.
AB1-ASA1-CA1,187,1117
49.45
(3) (g) The secretary may authorize personnel to audit or investigate and
18report to the department on any matter involving violations or complaints alleging
19violations of statutes, regulations, or rules applicable to the medical assistance
20program and to perform such investigations or audits as are required to verify the
21actual provision of services or items available under the medical assistance program
22and the appropriateness and accuracy of claims for reimbursement submitted by
23providers participating in the program. Department employees authorized by the
24secretary under this paragraph shall be issued, and shall possess at all times while
25they are performing their investigatory or audit functions under this section,
1identification, signed by the secretary, that specifically designates the bearer as
2possessing the authorization to conduct medical assistance investigations or audits.
3Under the request of a designated person and upon presentation of the person's
4authorization, providers and medical assistance recipients shall accord the person
5access to any
provider personnel, records, books, or documents or other information
6needed. Under the written request of a designated person and upon presentation of
7the person's authorization, providers and recipients shall accord the person access
8to any needed patient health care records of a recipient. Authorized employees may
9hold hearings, administer oaths, take testimony, and perform all other duties
10necessary to bring the matter before the department for final adjudication and
11determination.
AB1-ASA1-CA1,187,2515
49.45
(3) (h) 1. For purposes of any audit, investigation, examination, analysis,
16review, or other function authorized by law with respect to the medical assistance
17program, the secretary shall have the power to sign and issue subpoenas to any
18person requiring the production of any pertinent books, records, patient health care
19records, or other information. Subpoenas so issued shall be served by anyone
20authorized by the secretary by delivering a copy to the person named in the
21subpoena, or by registered mail or certified mail addressed to the person at his or her
22last-known residence or principal place of business. A verified return by the person
23serving the subpoena setting forth the manner of service, or, in the event service is
24by registered or certified mail, the return post-office receipt signed by the person
25served constitutes proof of service.
AB1-ASA1-CA1,188,123
49.45
(3) (h) 3. The failure or refusal of a
provider to accord department
4auditors or investigators access as required under par. (g) to any provider personnel,
5records, books, patient health care records of medical assistance recipients, or
6documents or other information requested constitutes person to purge himself or
7herself of contempt found under s. 885.12 and perform the act as required by law
8shall constitute grounds for decertification or suspension of
the provider that person 9from participation in the medical assistance program. No payment may be made for
10services rendered by
the provider that person following decertification
, or during the
11period of suspension
, or during any period of provider failure or refusal to accord
12access as required under par. (g).
AB1-ASA1-CA1,188,1916
49.45
(3) (h) 2. In the event of contumacy or refusal to obey a subpoena issued
17under this paragraph and duly served upon any person, any judge in a court of record
18in the county in which the person was served may enforce the subpoena in accordance
19with s. 885.12.
AB1-ASA1-CA1,188,2322
49.45
(21) (title)
Taking over provider's operation Transfer of business,
23liability for; repayments required.
AB1-ASA1-CA1,189,113
49.45
(21) (a)
Before a person may take over the operation of a provider that
4is If any provider liable for repayment of improper or erroneous payments or
5overpayments under ss. 49.43 to 49.497
, full repayment shall be made. Upon
6request, the department shall notify the provider or the person that intends to take
7over the operation of the provider as to whether the provider
sells or otherwise
8transfers ownership of his or her business or all or substantially all of the assets of
9the business, the transferor and transferee are each liable for the repayment. Prior
10to final transfer, the transferee is responsible for contacting the department and
11ascertaining if the transferor is liable
under this paragraph.
AB1-ASA1-CA1,189,2314
49.45
(21) (b)
If, notwithstanding the prohibition under par. (ar), a person takes
15over the operation of a provider If a transfer occurs and the applicable amount under
16par.
(ar) (a) has not been repaid, the department may
, in addition to withholding
17certification as authorized under sub. (2) (b) 8., proceed against
the provider or the
18person either the transferor or the transferee. Within 30 days after
the certified
19provider receives receiving notice from the department, the
transferor or the
20transferee shall pay the amount
shall be repaid in full.
If the amount is not repaid
21in full Upon failure to comply, the department may bring an action to compel
22payment
,. If a transferor fails to pay within 90 days after receiving notice from the
23department, the department may proceed under sub. (2) (a) 12.
, or may do both.
AB1-ASA1-CA1,190,2
2"
Section 121t. 49.45 (6m) (ar) 1. a. of the statutes is amended to read:
AB1-ASA1-CA1,190,123
49.45
(6m) (ar) 1. a. The department shall establish standards for payment of
4allowable direct care costs, for facilities that do not primarily serve the
5developmentally disabled, that take into account direct care costs for a sample of all
6of those facilities in this state and separate standards for payment of allowable direct
7care costs, for facilities that primarily serve the developmentally disabled, that take
8into account direct care costs for a sample of all of those facilities in this state. The
9standards shall be adjusted by the department for regional labor cost variations.
For
10facilities in Douglas, Pierce, and St. Croix counties, the department shall perform the
11adjustment by use of the wage index that is used by the federal department of health
12and human services for hospital reimbursement under 42 USC 1395 to 1395ggg.".