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LRB-0292LRB-0292/6
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2005 - 2006 LEGISLATURE
DOA:......Rhodes, BB0011 - Home visiting services
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Children
Under current law, DHFS administers a child abuse and neglect prevention program under which DHFS awards grants to counties and Indian tribes that offer voluntary home visitation services to first-time parents who are eligible for Medical Assistance. Current law requires DHFS to determine the amount of a grant awarded to a county or an Indian tribe in excess of the statutory minimum grant amount of $10,000 based on the number of births that are funded by Medical Assistance in that county or the reservation of that Indian tribe in proportion to the number of those births in all of the counties and the reservations of all of the Indian tribes to which grants are awarded. Currently, no more than six rural counties, three urban counties, and two Indian tribes may be selected to participate in the program.
This bill requires DHFS to determine the amount of a grant in excess of the statutory minimum based simply on the number of births that are funded by Medical Assistance in a county or a reservation of an Indian tribe without regard to the number of those births in other counties and reservations. The bill also eliminates the caps on the number of counties and Indian tribes that may be selected to participate in the program.
In addition, the bill directs DHFS to award grants to applying county departments of human services or social services (county departments), local health departments, Indian tribes, private nonprofit agencies, and local partnerships consisting of two or more county departments, local health departments, Indian tribes, and private nonprofit agencies (organizations) for the provision to all first-time parents in the community served by the organization of one-time, voluntary home visits. The purposes of the home visits are to provide those parents with basic information regarding infant health and nutrition, the care, safety, and development of infants, and emergency services for infants; to identify the needs of those parents; and to provide those parents with referrals to programs, services, and other resources that may meet those needs. Any information concerning an individual who is offered a home visit or provided with a referral under this bill is confidential, unless disclosure of the information is required or permitted under the child abuse and neglect reporting law, the use or disclosure of the information is connected to the administration of the program, or the individual consents to the use or disclosure of the information.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (3) (de) of the statutes is renumbered 20.435 (5) (ab).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.435 (3) (df) of the statutes is renumbered 20.435 (1) (ac).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 20.435 (5) (ab) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:
20.435 (5) (ab) Child abuse and neglect prevention and universal home visitation grants. The amounts in the schedule for child abuse and neglect prevention grants under s. 46.515 and for universal home visitation grants under s. 46.516.
SECTION 4. 46.515 (1) (i) of the statutes is repealed.
SECTION 5. 46.515 (1) (j) of the statutes is repealed.
SECTION 6. 46.515 (2) of the statutes is amended to read:
46.515 (2) FUNDS PROVIDED. If a county or Indian tribe applies and is selected by the department under sub. (5) to participate in the program under this section, the department shall award, from the appropriation under s. 20.435 (3) (de) (5) (ab), a grant annually to be used only for the purposes specified in sub. (4) (a) and (am). The minimum amount of a grant is $10,000. The department shall determine the amount of a grant awarded to a county, other than a county with a population of 500,000 or more, or Indian tribe in excess of the minimum amount based on the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county or the reservation of that Indian tribe in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section. The department shall determine the amount of a grant awarded to a county with a population of 500,000 or more in excess of the minimum amount based on 60% of the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section.
SECTION 7. 46.515 (2) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:
46.515 (2) FUNDS PROVIDED. If a county or Indian tribe applies and is selected by the department under sub. (5) to participate in the program under this section, the department shall award, from the appropriation under s. 20.435 (5) (ab), a grant annually to be used only for the purposes specified in sub. (4) (a) and (am). The minimum amount of a grant is $10,000. The department shall determine the amount of a grant awarded to a county, other than a county with a population of 500,000 or more, or Indian tribe in excess of the minimum amount based on the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county or the reservation of that Indian tribe in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section. The department shall determine the amount of a grant awarded to a county with a population of 500,000 or more in excess of the minimum amount based on 60% of the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section.
SECTION 8. 46.515 (3) (title) of the statutes is repealed.
SECTION 9. 46.515 (3) (a) of the statutes is repealed.
SECTION 10. 46.515 (3) (b) of the statutes is renumbered 46.515 (3) and amended to read:
46.515 (3) JOINT APPLICATION PERMITTED. Two or more counties and Indian tribes may submit a joint application to the department. Each county or Indian tribe in a joint application shall be counted as a separate county or Indian tribe for the purpose of limiting the number of counties and Indian tribes selected in each state fiscal biennium.
SECTION 11. 46.516 of the statutes is created to read:
46.516 Universal home visitation services. (1) DEFINITIONS. In this section:
(a) "County department" means a county department of human services or social services under s. 46.215, 46.22, or 46.23.
(b) "Indian tribe" means a federally recognized American Indian tribe or band in this state.
(c) "Local health department" has the meaning given in s. 250.01 (4).
(d) "Local partnership" means any combination of 2 or more county departments, local health departments, Indian tribes, and private nonprofit agencies that have agreed to implement jointly a program of universal home visitation services under this section.
(e) "Organization" means a county department, local health department, Indian tribe, private nonprofit agency, or local partnership.
(f) "Private nonprofit agency" means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).
(2) AWARDING OF GRANTS. From the appropriation account under s. 20.435 (5) (ab), the department shall award grants to applying organizations for the provision of the home visitation services specified in sub. (3) (a). The department shall determine the amount of a grant awarded to an organization based on the number of first-time births in the community served by the organization. The department shall provide competitive application procedures for selecting organizations to receive grants under this subsection and shall establish a method for ranking applicants based on the quality of their applications. The department shall require a grant recipient to provide matching funds or in-kind contributions as determined by the department and shall ensure that a grant recipient does not use any grant moneys awarded to supplant any other moneys used by the grant recipient at the time of the awarding of the grant to provide home visitation services.
(3) PURPOSES OF GRANTS. (a) Universal home visitation services. An organization that receives a grant under sub. (2) shall use the grant moneys awarded to provide a one-time visit to all first-time parents in the community served by the organization for the purposes of providing those parents with basic information regarding infant health and nutrition, the care, safety, and development of infants, and emergency services for infants; identifying the needs of those parents; and providing those parents with referrals to programs, services, and other resources that may meet those needs. An organization may visit a first-time parent only if the parent or, if the parent is a child, his or her parent, guardian, or legal custodian consents to the visit. No person who is required or permitted to report suspected or threatened abuse or neglect under s. 48.981 (2) may make or threaten to make such a report based on a refusal of a person to receive a home visit under this paragraph.
(b) Start-up costs and capacity building. In the first year in which a grant under sub. (2) is awarded to an organization, the organization may use a portion of the grant to pay for start-up costs and capacity building related to the provision of home visitation services by the organization. The department shall determine the maximum amount of a grant that an organization may use to pay for those start-up costs and that capacity building.
(4) CONFIDENTIALITY. (a) Nondisclosure of information; exceptions. No person may use or disclose any information concerning an individual who is offered home visitation services under sub. (3) (a), including an individual who declines to receive those services, or concerning an individual who is provided with a referral under sub. (3) (a), including an individual who declines the referral, unless disclosure of the information is required or permitted under s. 48.981 (2), the use or disclosure of the information is connected to the administration of the program under this section, or the individual has given his or her written informed consent to the use or disclosure of the information.
(b) Explanation of confidentiality requirements. An organization that receives a grant under sub. (2) shall provide or shall designate an individual or entity to provide an explanation of the confidentiality requirements under par. (a) to each individual who is offered home visitation services under sub. (3) (a) by the organization.
(5) NOTIFICATION OF PARENT PRIOR TO MAKING ABUSE OR NEGLECT REPORT. If a person who is providing home visitation services under sub. (3) (a) determines that he or she is required or permitted to make a report under s. 48.981 (2) about a child in a family to which the person is providing those services, the person shall, prior to making the report under s. 48.981 (2), make a reasonable effort to notify the child's parent that a report under s. 48.981 (2) will be made and to encourage the parent to contact a county department under s. 46.22 or 46.23 or, in a county having a population of 500,000 or more, the department to request assistance. The notification requirements under this subsection do not affect the reporting requirements under s. 48.981 (2).
(6) INFORMATIONAL MATERIALS. Any informational materials about the home visitation services provided under sub. (3) (a) that are distributed to a person who is offered or who is receiving those services shall state the sources of funding for the services.
SECTION 9421. Effective dates; health and family services.
(1) HOME VISITATION SERVICES. The treatment of sections 20.435 (5) (ab) (by SECTION 3), 46.515 (1) (i) and (j), (2) (by SECTION 7), (3) (title), (a), and (b), and 46.516 of the statutes takes effect on January 1, 2007.
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LRB-0293LRB-0293/1
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2005 - 2006 LEGISLATURE
DOA:......Rhodes, BB0015 - Child Welfare Program Enhancement Plan
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and Human services
Children
Under current federal law, the state receives payments under Title IV-B of the federal Social Security Act (Title IV-B) for child and family services and under Title IV-E of the federal Social Security Act (Title IV-E) for foster care and adoption assistance. To receive those payments, the state is required to have state plans for those services and for that assistance that meet the requirements of those titles. Federal law requires that the programs administered by the state under those titles be reviewed to determine whether those programs are in substantial conformity with the state plan requirements under those titles. If the state is not in substantial conformity with those state plan requirements, federal law requires a certain percentage of Title IV-B and Title IV-E funds to be withheld from the state, except that federal law requires the state to adopt and implement a corrective action plan to achieve that substantial conformity and requires the federal Department of Health and Human Services to suspend the withholding of those funds while the corrective action plan is in effect.
This bill appropriates general purpose revenues for activities provided under the Child Welfare Program Enhancement Plan developed by DHFS to achieve substantial conformity with the state plan requirements of Title IV-B and Title IV-E.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (3) (da) of the statutes is created to read:
20.435 (3) (da) Child Welfare Program Enhancement Plan; aids. The amounts in the schedule for activities provided under the Child Welfare Program Enhancement Plan developed under 45 CFR 1355.35.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
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LRB-0295LRB-0295/2
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2005 - 2006 LEGISLATURE
DOA:......Rhodes, BB0048 - Substance abuse prevention and treatment block grant funding
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Mental illness and developmental disabilities
Under current law, federal Substance Abuse Prevention and Treatment Block Grant moneys are appropriated to DHFS for distribution to counties, as community aids, for the prevention and treatment of substance abuse. Currently, those moneys are appropriated to DHFS under two separate appropriations. This bill consolidates those moneys into one appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (3) (o) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 46.034 (3) of the statutes is amended to read:
46.034 (3) With the agreement of the affected county board of supervisors in a county with a single-county department or boards of supervisors in counties with a multicounty department, effective for the contract period beginning January 1, 1980, the department may approve a county with a single-county department or counties participating in a multicounty department to administer a single consolidated aid consisting of the state and federal financial aid available to that county or those counties from appropriations under s. 20.435 (3) (o) and (7) (b) and (o) for services provided and purchased by county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437. Under such an agreement, in the interest of improved service coordination and effectiveness, the county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department may reallocate among county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437 funds that otherwise would be specified for use by a single county department. The budget under s. 46.031 (1) shall be the vehicle for expressing the proposed use of the single consolidated fund by the county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department. Approval by the department of this use of the fund shall be in the contract under s. 46.031 (2g). Counties that were selected by the department to pilot test consolidated aids for contract periods beginning January 1, 1978, may continue or terminate consolidation with the agreement of the affected county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department.
SECTION 3. 46.215 (2) (c) 1. of the statutes is amended to read:
46.215 (2) (c) 1. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for care and services to be purchased, except for care and services under subch. III of ch. 49 or s. 301.08 (2). The department of health and family services may review the contracts and approve them if they are consistent with s. 46.036 and if state or federal funds are available for such purposes. The joint committee on finance may require the department of health and family services to submit the contracts to the committee for review and approval. The department of health and family services may not make any payments to a county for programs included in a contract under review by the committee. The department of health and family services shall reimburse each county for the contracts from the appropriations under s. 20.435 (3) (o) and (7) (b) and (o), as appropriate, under s. 46.495.
SECTION 4. 46.22 (1) (e) 3. a. of the statutes is amended to read:
46.22 (1) (e) 3. a. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for care and services, except under subch. III of ch. 49 and s. 301.08 (2), to be purchased. The department of health and family services may review the contracts and approve them if they are consistent with s. 46.036 and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of health and family services to submit the contracts to the committee for review and approval. The department of health and family services may not make any payments to a county for programs included in the contract that is under review by the committee. The department of health and family services shall reimburse each county for the contracts from the appropriations under s. 20.435 (3) (o) and (7) (b) and (o) according to s. 46.495.
SECTION 5. 46.40 (1) (a) of the statutes is amended to read:
46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (3) (o) and (7) (b) and (o), the department shall distribute funds for community social, mental health, developmental disabilities, and alcohol and other drug abuse services and for services under ss. 46.51, 46.87, 46.985, and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437 and to county aging units, as provided in subs. (2), (2m), and (7) to (9).
SECTION 6. 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) 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.
SECTION 7. 51.423 (1) of the statutes is amended to read:
51.423 (1) The department shall fund, within the limits of the department's allocation for mental health services under s. 20.435 (3) (o) and (7) (b) and (o) and subject to this section, services for mental illness, developmental disability, alcoholism, and drug abuse to meet standards of service quality and accessibility. The department's primary responsibility is to guarantee that county departments established under either s. 51.42 or 51.437 receive a reasonably uniform minimum level of funding and its secondary responsibility is to fund programs which meet exceptional community needs or provide specialized or innovative services. Moneys appropriated under s. 20.435 (7) (b) and earmarked by the department for mental health services under s. 20.435 (7) (o) shall be allocated by the department to county departments under s. 51.42 or 51.437 in the manner set forth in this section.
SECTION 8. 51.423 (2) of the statutes is amended to read:
51.423 (2) From the appropriations under s. 20.435 (3) (o) and (7) (b) and (o), the department shall distribute the funding for services provided or purchased by county departments under s. 46.23, 51.42, or 51.437 to such county departments as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2) and (9) (b). Each county's required match for the distributions under s. 46.40 (2) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (2) 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 counties that meet the requirements specified in sub. (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.
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LRB-0296LRB-0296/2
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2005 - 2006 LEGISLATURE
DOA:......Rhodes, BB0049 - Statewide automated child welfare information system confidentiality
2005 BILL
