AB100,481,3
346.972 (title)
Services Primary health for homeless individuals.
AB100, s. 906
4Section
906. 46.972 (2) (title) of the statutes is repealed.
AB100, s. 907
5Section
907. 46.972 (2) of the statutes is renumbered 46.972.
AB100, s. 908
6Section
908. 46.972 (3) of the statutes is renumbered 560.9811 and amended
7to read:
AB100,481,9
8560.9811 Mental health services. (1) In this
subsection section, "chronic
9mental illness" has the meaning given in s. 51.01 (3g).
AB100,481,17
10(2) From the appropriation under s.
20.435 (7) (ce) 20.143 (2) (fr), the
11department may not
allocate award more than $45,000 in each fiscal year to applying
12public or nonprofit private entities for the costs of providing certain mental health
13services to homeless individuals with chronic mental illness. Entities that receive
14funds
allocated awarded by the department under this subsection shall provide the
15mental health services required under
42 USC 290cc-24. The amount that the
16department
allocates awards to an applying entity may not exceed 50% of the
17amount of matching funds required under
42 USC 290cc-23.
AB100, s. 909
18Section
909. 46.977 (2) (a) of the statutes is amended to read:
AB100,482,319
46.977
(2) (a)
Annually, prior to April 30, an organization may apply to From
20the appropriation under s. 20.435 (7) (cg), the department
for a grant may under this
21section
, based on the criteria under par. (c), award grants to applying organizations 22for the purpose of
recruiting, training
, monitoring and assisting guardians for
23persons determined to be incompetent under ch. 880.
By June 30, the department
24shall determine which organizations will receive a grant during the following fiscal
25year based on the criteria under par. (c). No grant may be
awarded paid unless the
1applicant awardee provides matching funds equal to 10% of the amount of the award.
2The department shall make grants under this section from the appropriation under
3s. 20.435 (7) (cg).
AB100, s. 910
4Section
910. 46.977 (2) (b) (intro.) of the statutes is amended to read:
AB100,482,65
46.977
(2) (b) (intro.) Organizations awarded grants under
this section par. (a) 6shall do all of the following:
AB100, s. 911
7Section
911. 46.977 (2) (b) 1. of the statutes is repealed.
AB100, s. 912
8Section
912. 46.977 (2) (b) 2. of the statutes is amended to read:
AB100,482,109
46.977
(2) (b) 2. Provide training
for recruited guardians and technical
10assistance on
their duties guardianship issues.
AB100, s. 913
11Section
913. 46.977 (2) (b) 3. of the statutes is repealed.
AB100, s. 914
12Section
914. 46.977 (2) (b) 4. of the statutes is amended to read:
AB100,482,1413
46.977
(2) (b) 4. Provide
technical assistance to recruited guardians in
14performing their duties.
AB100, s. 915
15Section
915. 46.977 (2) (c) (intro.) and 2. of the statutes are consolidated,
16renumbered 46.977 (2) (c) and amended to read:
AB100,482,2017
46.977
(2) (c) In reviewing applications for grants, the department shall
18consider
all of the following: The the extent to which the proposed program will
19effectively
recruit, train
, monitor and assist guardians for persons determined to be
20incompetent under ch. 880.
AB100, s. 916
21Section
916. 46.977 (2) (c) 1. of the statutes is repealed.
AB100, s. 917
22Section
917. 46.985 (2) (a) 4. of the statutes is amended to read:
AB100,483,623
46.985
(2) (a) 4. Procedures for coordinating the family support program and
24the use of its funds, throughout this state and in each service area, with other
25publicly funded programs including the community options program under s. 46.27;
1the
community integration program Community Integration Program under ss.
246.275, 46.277
, and 46.278;
the Community Opportunity and Recovery Program
3under s. 46.2785; the social services, mental health
, and developmental disabilities
4programs under ss. 46.495, 51.42
, and 51.437; the independent living center program
5under s. 46.96; and the
medical assistance Medical Assistance program under subch.
6IV of ch. 49.
AB100, s. 918
7Section
918. 46.99 (2) (a) (intro.) of the statutes is amended to read:
AB100,483,148
46.99
(2) (a) (intro.) From the appropriations under s. 20.435 (3) (eg)
, (km) and
9(nL), the department shall distribute $2,125,200 in each fiscal year to applying
10nonprofit corporations and public agencies operating in a county having a population
11of 500,000 or more and $1,199,300 in each fiscal year to applying county departments
12under s. 46.22, 46.23, 51.42
, or 51.437 operating in counties other than a county
13having a population of 500,000 or more to provide programs to accomplish all of the
14following:
AB100, s. 919
15Section
919. 46.995 (1m) of the statutes is amended to read:
AB100,483,2016
46.995
(1m) Tribal adolescent services
allocations allocation. From the
17appropriation account under
s. 20.435 (3) (km), the department may allocate
18$195,000 in each fiscal year and, from the appropriation account under s. 20.435 (3)
19(eg), the department may allocate
$15,000 $210,000 in each fiscal year to provide the
20grants specified in subs. (2), (3) (b)
, and (4m) (b).
AB100, s. 920
21Section
920. 46.995 (2) of the statutes is amended to read:
AB100,484,522
46.995
(2) Adolescent self-sufficiency services. From the
allocations 23allocation under sub. (1m), the department may provide a grant annually in the
24amount of $85,000 to the elected governing body of a federally recognized American
25Indian tribe or band to provide services for adolescent parents which shall emphasize
1high school graduation and vocational preparation, training
, and experience and
2may be structured so as to strengthen the adolescent parent's capacity to fulfill
3parental responsibilities by developing social skills and increasing parenting skills.
4The tribe or band seeking to receive a grant to provide these services shall develop
5a proposed service plan that is approved by the department.
AB100, s. 921
6Section
921. 46.995 (3) (b) of the statutes is amended to read:
AB100,484,137
46.995
(3) (b) From the
allocations
allocation under sub. (1m), the department
8may provide a grant annually in the amount of $65,000 to the elected governing body
9of a federally recognized American Indian tribe or band to provide to high-risk
10adolescents pregnancy and parenthood prevention services which shall be
11structured so as to increase development of decision-making and communications
12skills, promote graduation from high school
, and expand career and other options
13and which may address needs of adolescents with respect to pregnancy prevention.
AB100, s. 922
14Section
922. 46.995 (4m) (b) (intro.) of the statutes is amended to read:
AB100,484,2115
46.995
(4m) (b) (intro.) From the
allocations allocation under sub. (1m), the
16department may provide a grant annually in the amount of $60,000 to the elected
17governing body of a federally recognized American Indian tribe or band for the
18provision of information to members of the tribe or band in order to increase
19community knowledge about problems of adolescents and information to and
20activities for adolescents, particularly female adolescents, in order to enable the
21adolescents to develop skills with respect to all of the following:
AB100, s. 923
22Section
923. 48.09 (5) of the statutes is amended to read:
AB100,485,323
48.09
(5) By the district attorney or, if designated by the county board of
24supervisors, by the corporation counsel, in any matter arising under s. 48.13, 48.133
25or 48.977. If the county board transfers this authority to or from the district attorney
1on or after May 11, 1990, the board may do so only if the action is effective on
2September 1 of an odd-numbered year and the board notifies the department of
3administration justice of that change by January 1 of that odd-numbered year.
AB100, s. 924
4Section
924. 48.33 (4) (intro.) of the statutes is amended to read:
AB100,485,105
48.33
(4) Other out-of-home placements. (intro.) A report recommending
6placement of an adult expectant mother outside of her home shall be in writing. A
7report recommending placement of a child in a foster home, treatment foster home,
8group home, or residential care center for children and youth
or, in the home of a
9relative other than a parent
, or in the home of a guardian under s. 48.977 (2) shall
10be in writing and shall include all of the following:
AB100, s. 925
11Section
925. 48.345 (3) (c) of the statutes is amended to read:
AB100,485,1412
48.345
(3) (c) A foster home or treatment foster home licensed under s. 48.62
13or, a group home licensed under s. 48.625
, or in the home of a guardian under s.
1448.977 (2).
AB100, s. 926
15Section
926. 48.356 (1) of the statutes is amended to read:
AB100,485,2516
48.356
(1) Whenever the court orders a child to be placed outside his or her
17home, orders an expectant mother of an unborn child to be placed outside of her
18home
, or denies a parent visitation because the child or unborn child has been
19adjudged to be in need of protection or services under s. 48.345, 48.347, 48.357,
2048.363
, or 48.365
or whenever the court appoints a guardian for a child under s.
2148.977 (2), the court shall orally inform the parent or parents who appear in court
22or the expectant mother who appears in court of any grounds for termination of
23parental rights under s. 48.415
which that may be applicable and of the conditions
24necessary for the child or expectant mother to be returned to the home or for the
25parent to be granted visitation.
AB100, s. 927
1Section
927. 48.425 (1) (g) of the statutes is amended to read:
AB100,486,92
48.425
(1) (g) If an agency designated under s. 48.427 (3m) (a) 1. to 4.
3determines that it is unlikely that the child will be adopted, or if adoption would not
4be in the best interests of the child, the report shall include a plan for placing the child
5in a permanent family setting. The plan shall include a recommendation as to the
6agency to be named guardian of the child
or, a recommendation that the person
7appointed as the guardian of the child under s. 48.977 (2) continue to be the guardian
8of the child
, or a recommendation that a guardian be appointed for the child under
9s. 48.977 (2).
AB100, s. 928
10Section
928. 48.427 (3m) (intro.) of the statutes is amended to read:
AB100,486,1311
48.427
(3m) (intro.) If the rights of both parents or of the only living parent are
12terminated under sub. (3) and if a guardian has not been appointed under s. 48.977,
13the court shall
either do one of the following:
AB100, s. 929
14Section
929. 48.427 (3m) (c) of the statutes is created to read:
AB100,486,1615
48.427
(3m) (c) Appoint a guardian under s. 48.977 and transfer guardianship
16and custody of the child to the guardian.
AB100, s. 930
17Section
930. 48.427 (3p) of the statutes is amended to read:
AB100,486,2218
48.427
(3p) If the rights of both parents or of the only living parent are
19terminated under sub. (3) and if a guardian has been appointed under s. 48.977, the
20court may enter one of the orders specified in sub. (3m)
(a) or (b). If the court enters
21an order under this subsection, the court shall terminate the guardianship under s.
2248.977.
AB100, s. 931
23Section
931. 48.48 (10) of the statutes is amended to read:
AB100,486,2524
48.48
(10) To license child welfare agencies
and day care centers as provided
25in s. 48.66 (1) (a).
AB100, s. 932
1Section
932. 48.48 (17) (a) 3. of the statutes is amended to read:
AB100,487,142
48.48
(17) (a) 3. Provide appropriate protection and services for children and
3the expectant mothers of unborn children in its care, including providing services for
4those children and their families and for those expectant mothers in their own
5homes, placing the children in licensed foster homes, treatment foster homes
, or
6group homes in this state or another state within a reasonable proximity to the
7agency with legal custody
, placing the children in the homes of guardians under s.
848.977 (2), or contracting for services for those children by licensed child welfare
9agencies, except that the department may not purchase the educational component
10of private day treatment programs unless the department, the school board
, as
11defined in s. 115.001 (7)
, and the state superintendent of public instruction all
12determine that an appropriate public education program is not available. Disputes
13between the department and the school district shall be resolved by the state
14superintendent of public instruction.
AB100, s. 933
15Section
933. 48.48 (17) (c) 4. of the statutes is amended to read:
AB100,487,1816
48.48
(17) (c) 4. Is living in a foster home, treatment foster home, group home,
17or, residential care center for children and youth
, or subsidized guardianship home
18under s. 48.62 (5).
AB100, s. 934
19Section
934. 48.57 (1) (c) of the statutes is amended to read:
AB100,488,720
48.57
(1) (c) To provide appropriate protection and services for children and the
21expectant mothers of unborn children in its care, including providing services for
22those children and their families and for those expectant mothers in their own
23homes, placing those children in licensed foster homes, treatment foster homes
, or
24group homes in this state or another state within a reasonable proximity to the
25agency with legal custody
, placing those children in the homes of guardians under
1s. 48.977 (2), or contracting for services for those children by licensed child welfare
2agencies, except that the county department may not purchase the educational
3component of private day treatment programs unless the county department, the
4school board
, as defined in s. 115.001 (7)
, and the state superintendent of public
5instruction all determine that an appropriate public education program is not
6available. Disputes between the county department and the school district shall be
7resolved by the state superintendent of public instruction.
AB100, s. 935
8Section
935. 48.57 (3) (a) 4. of the statutes is amended to read:
AB100,488,119
48.57
(3) (a) 4. Is living in a foster home, treatment foster home, group home,
10or, residential care center for children and youth
, or subsidized guardianship home
11under s. 48.62 (5).
AB100, s. 936
12Section
936. 48.57 (3m) (cm) of the statutes is amended to read:
AB100,488,1513
48.57
(3m) (cm) A kinship care relative who receives a payment under par. (am)
14for providing care and maintenance for a child is not eligible to receive a payment
15under sub. (3n) or s. 48.62 (4)
or (5) for that child.
AB100, s. 937
16Section
937. 48.57 (3m) (h) of the statutes is created to read:
AB100,488,2417
48.57
(3m) (h) A county department or, in a county having a population of
18500,000 or more, the department may recover an overpayment made under par. (am)
19from a kinship care relative who continues to receive payments under par. (am) by
20reducing the amount of the kinship care relative's monthly payment. The
21department may by rule specify other methods for recovering overpayments made
22under par. (am). A county department that recovers an overpayment under this
23paragraph due to the efforts of its officers and employees may retain a portion of the
24amount recovered, as provided by the department by rule.
AB100, s. 938
25Section
938. 48.57 (3n) (cm) of the statutes is amended to read:
AB100,489,3
148.57
(3n) (cm) A long-term kinship care relative who receives a payment
2under par. (am) for providing care and maintenance for a child is not eligible to
3receive a payment under sub. (3m) or s. 48.62 (4)
or (5) for that child.
AB100, s. 939
4Section
939. 48.57 (3n) (h) of the statutes is created to read:
AB100,489,125
48.57
(3n) (h) A county department or, in a county having a population of
6500,000 or more, the department may recover an overpayment made under par. (am)
7from a long-term kinship care relative who continues to receive payments under par.
8(am) by reducing the amount of the long-term kinship care relative's monthly
9payment. The department may by rule specify other methods for recovering
10overpayments made under par. (am). A county department that recovers an
11overpayment under this paragraph due to the efforts of its officers and employees
12may retain a portion of the amount recovered, as provided by the department by rule.
AB100, s. 940
13Section
940. 48.57 (3p) (a) of the statutes is amended to read:
AB100,489,1914
48.57
(3p) (a) In this subsection, "adult resident" means a person 18 years of
15age or over who lives at the home of a person who has applied for or is receiving
16payments under sub. (3m) or (3n)
or s. 48.62 (5) (a) or (b) with the intent of making
17that home his or her home or who lives for more than 30 days cumulative in any
186-month period at the home of a person who has applied for or is receiving payments
19under sub. (3m) or (3n)
or s. 48.62 (5) (a) or (b).
AB100, s. 941
20Section
941. 48.57 (3p) (b) 1. of the statutes is amended to read:
AB100,489,2521
48.57
(3p) (b) 1. After receipt of an application for payments under sub. (3m)
22or (3n)
or s. 48.62 (5) (a) or (b), the county department or, in a county having a
23population of 500,000 or more, the department of health and family services, with
24the assistance of the department of justice, shall conduct a background investigation
25of the applicant.
AB100, s. 942
1Section
942. 48.57 (3p) (b) 3. of the statutes is amended to read:
AB100,490,72
48.57
(3p) (b) 3. The county department or, in a county having a population of
3500,000 or more, the department of health and family services, with the assistance
4of the department of justice, may conduct a background investigation of any person
5who is receiving payments under sub. (3n)
or s. 48.62 (5) (a) or (b) at any time that
6the county department or department of health and family services considers to be
7appropriate.
AB100, s. 943
8Section
943. 48.57 (3p) (c) 1. of the statutes is amended to read:
AB100,490,159
48.57
(3p) (c) 1. After receipt of an application for payments under sub. (3m)
10or (3n)
or s. 48.62 (5) (a) or (b), the county department or, in a county having a
11population of 500,000 or more, the department of health and family services, with
12the assistance of the department of justice, shall, in addition to the investigation
13under par. (b) 1., conduct a background investigation of all employees and
14prospective employees of the applicant who have or would have regular contact with
15the child for whom those payments are being made and of each adult resident.
AB100, s. 944
16Section
944. 48.57 (3p) (c) 2m. of the statutes is amended to read:
AB100,490,2417
48.57
(3p) (c) 2m. The county department or, in a county having a population
18of 500,000 or more, the department of health and family services, with the assistance
19of the department of justice, may conduct a background investigation of any of the
20employees or prospective employees of any person who is receiving payments under
21sub. (3n)
or s. 48.62 (5) (a) or (b) who have or would have regular contact with the child
22for whom payments are being made and of each adult resident at any time that the
23county department or department of health and family services considers to be
24appropriate.
AB100, s. 945
25Section
945. 48.57 (3p) (c) 3. of the statutes is amended to read:
AB100,491,8
148.57
(3p) (c) 3. Before a person who is receiving payments under sub. (3m) or
2(3n)
or s. 48.62 (5) (a) or (b) may employ any person in a position in which that person
3would have regular contact with the child for whom those payments are being made
4or permit any person to be an adult resident, the county department or, in a county
5having a population of 500,000 or more, the department of health and family
6services, with the assistance of the department of justice, shall conduct a background
7investigation of the prospective employee or prospective adult resident unless that
8person has already been investigated under subd. 1., 2. or 2m.
AB100, s. 946
9Section
946. 48.57 (3p) (fm) 1m. of the statutes is amended to read:
AB100,492,710
48.57
(3p) (fm) 1m. The county department or, in a county having a population
11of 500,000 or more, the department of health and family services may not enter into
12the agreement under sub. (3n) (am) 6.
or make payments under s. 48.62 (5) (a) or (b) 13unless the county department or department of health and family services receives
14information from the department of justice relating to the conviction record of the
15applicant under the law of this state and that record indicates either that the
16applicant has not been arrested or convicted or that the applicant has been arrested
17or convicted but the director of the county department or, in a county having a
18population of 500,000 or more, the person designated by the secretary of health and
19family services to review conviction records under this subdivision determines that
20the conviction record is satisfactory because it does not include any arrest or
21conviction that the director or person designated by the secretary determines is
22likely to adversely affect the child or the
long-term kinship care relative's applicant's 23ability to care for the child. The county department or, in a county having a
24population of 500,000 or more, the department of health and family services may
25make payments under sub. (3n)
or s. 48.62 (5) (a) or (b) conditioned on the receipt of
1information from the federal bureau of investigation indicating that the person's
2conviction record under the law of any other state or under federal law is satisfactory
3because the conviction record does not include any arrest or conviction that the
4director of the county department or, in a county having a population of 500,000 or
5more, the person designated by the secretary of health and family services to review
6conviction records under this subdivision determines is likely to adversely affect the
7child or the
long-term kinship care relative's applicant's ability to care for the child.
AB100, s. 947
8Section
947. 48.57 (3p) (fm) 2m. of the statutes is amended to read:
AB100,493,209
48.57
(3p) (fm) 2m. A person receiving payments under sub. (3n)
or s. 48.62 (5)
10(a) or (b) may provisionally employ a person in a position in which that person would
11have regular contact with the child for whom those payments are being made or
12provisionally permit a person to be an adult resident if the person receiving those
13payments states to the county department or, in a county having a population of
14500,000 or more, the department of health and family services that, to the best of his
15or her knowledge, the employee or adult resident does not have any arrests or
16convictions that could adversely affect the child or the ability of the person receiving
17payments to care for the child. A person receiving payment under sub. (3n)
or s. 48.62
18(5) (a) or (b) may not finally employ a person in a position in which that person would
19have regular contact with the child for whom those payments are being made or
20finally permit a person to be an adult resident until the county department or, in a
21county having a population of 500,000 or more, the department of health and family
22services receives information from the department of justice relating to the person's
23conviction record under the law of this state and that record indicates either that the
24person has not been arrested or convicted or that the person has been arrested or
25convicted but the director of the county department or, in a county having a
1population of 500,000 or more, the person designated by the secretary of health and
2family services to review conviction records under this subdivision determines that
3the conviction record is satisfactory because it does not include any arrest or
4conviction that is likely to adversely affect the child or the
long-term kinship care
5relative's ability
of the person receiving payments to care for the child and the county
6department or department of health and family services so advises the person
7receiving payments under sub. (3n)
or s. 48.62 (5) (a) or (b). A person receiving
8payments under sub. (3n)
or s. 48.62 (5) (a) or (b) may finally employ a person in a
9position in which that person would have regular contact with the child for whom
10those payments are being made or finally permit a person to be an adult resident
11conditioned on the receipt of information from the county department or, in a county
12having a population of 500,000 or more, the department of health and family services
13that the federal bureau of investigation indicates that the person's conviction record
14under the law of any other state or under federal law is satisfactory because the
15conviction record does not include any arrest or conviction that the director of the
16county department or, in a county having a population of 500,000 or more, the person
17designated by the secretary of health and family services to review conviction records
18under this subdivision determines is likely to adversely affect the child or the
19long-term kinship care relative's ability
of the person receiving payments to care for
20the child.
AB100, s. 948
21Section
948. 48.57 (3p) (hm) of the statutes is amended to read:
AB100,494,622
48.57
(3p) (hm) A county department or, in a county having a population of
23500,000 or more, the department may not make payments to a person under sub. (3n)
24or s. 48.62 (5) (a) or (b) and a person receiving payments under sub. (3n)
or s. 48.62
25(5) (a) or (b) may not employ a person in a position in which that person would have
1regular contact with the child for whom payments are being made or permit a person
2to be an adult resident if the director of the county department or, in a county having
3a population of 500,000 or more, the person designated by the secretary to review
4conviction records under this paragraph determines that the person has any arrest
5or conviction that is likely to adversely affect the child or the
long-term kinship care
6relative's person's ability to care for the child.
AB100, s. 949
7Section
949. 48.61 (3) of the statutes is amended to read:
AB100,494,118
48.61
(3) To provide appropriate care and training for children in its legal or
9physical custody and, if licensed to do so, to place children in licensed foster homes,
10licensed treatment foster homes
, and licensed group homes
and in the homes of
11guardians under s. 48.977 (2).
AB100, s. 950
12Section
950. 48.615 (1) (b) of the statutes is amended to read:
AB100,494,1713
48.615
(1) (b) Before the department may issue a license under s. 48.60 (1) to
14a child welfare agency that places children in licensed foster homes, licensed
15treatment foster homes
, and licensed group homes
and in the homes of guardians
16under s. 48.977 (2), the child welfare agency must pay to the department a biennial
17fee of $254.10
.
AB100, s. 951
18Section
951. 48.62 (4) of the statutes is amended to read:
AB100,495,819
48.62
(4) Monthly payments in foster care shall be provided according to the
20age-related rates specified in this subsection.
Beginning on January 1, 2000, the
21age-related rates are: $299 for children aged 4 and under; $326 for children aged 5
22to 11; $371 for children aged 12 to 14 and $387 for children aged 15 to 17. Beginning
23on January 1,
2001, the age-related rates are: $302 for children aged 4 and under;
24$329 for children aged 5 to 11; $375 for children aged 12 to 14; and $391 for children
25aged 15 to 17 2006, the age-related rates are $317 for a child under 5 years of age;
1$345 for a child 5 to 11 years of age; $394 for a child 12 to 14 years of age; and $411
2for a child 15 years of age or over. Beginning on January 1, 2007, the age- related
3rates are to $332 for a child under five years of age; $362 for a child 5 to 11 years of
4age; $423 for a child 12 to 14 years of age; and $430 for a child 15 years of age or over.
5In addition to these grants for basic maintenance, the department shall make
6supplemental payments for special needs, exceptional circumstances, care in a
7treatment foster home
, and initial clothing allowances according to rules
8promulgated by the department.