SB40-CSA1,581,98
46.2895
(7) (c) Perform duties in addition to those specified in pars. (a) and (b)
9as are prescribed by the
family long-term care district board.
SB40-CSA1, s. 1057
10Section
1057. 46.2895 (8) (a) (intro.) of the statutes is amended to read:
SB40-CSA1,581,1211
46.2895
(8) (a) (intro.) A
family
long-term care district board
that is created
12at least in part by a county shall do all of the following:
SB40-CSA1,582,414
46.2895
(8) (a) 1. If the
family
long-term care district offers employment to any
15individual who was previously employed by
the a county
, which participated in
16creating the district and at the time of the offer had not withdrawn or been removed
17from the district under sub. (14), and who while employed by the county performed
18duties relating to the same or a substantially similar function for which the
19individual is offered employment by the district and whose wages, hours and
20conditions of employment were established in a collective bargaining agreement
21with the county under subch. IV of ch. 111 that is in effect on the date that the
22individual commences employment with the district, with respect to that individual,
23abide by the terms of the collective bargaining agreement concerning the individual's
24compensation and benefits wages and, if applicable, vacation allowance, sick leave
25accumulation, sick leave bank, holiday allowance, funeral leave allowance, personal
1day allowance, or paid time off allowance until the time of the expiration of that
2collective bargaining agreement or adoption of a collective bargaining agreement
3with the district under subch. IV of ch. 111 covering the individual as an employee
4of the district, whichever occurs first.
SB40-CSA1,582,157
46.2895
(8) (a) 3. If the
family
long-term care district offers employment to any
8individual who was previously employed by
the a county
, which participated in
9creating the district and at the time of the offer had not withdrawn or been removed
10from the district under sub. (14), and who while employed by the county performed
11duties relating to the same or a substantially similar function for which the
12individual is offered employment by the district, with respect to that individual,
13recognize all years of service with the county for any benefit provided or program
14operated by the district for which an employee's years of service may affect the
15provision of the benefit or the operation of the program.
SB40-CSA1,582,2217
46.2895
(8) (a) 4. If the county has not established its own retirement system
18for county employees, adopt a resolution that the
family long-term care district be
19included within the provisions of the Wisconsin retirement system under s. 40.21 (1).
20In this resolution, the
family long-term care district shall agree to recognize 100%
21of the prior creditable service of its employees earned by the employees while
22employed by the district.
SB40-CSA1, s. 1062
23Section
1062. 46.2895 (8) (b) (intro.) of the statutes is amended to read:
SB40-CSA1,583,3
146.2895
(8) (b) (intro.) The county board of supervisors of
the area of
2jurisdiction of the family each county that creates a long-term care district shall do
3all of the following:
SB40-CSA1,583,75
46.2895
(8) (b) 1. If the county has established its own retirement system for
6county employees, provide that
family long-term care district employees are eligible
7to participate in the county retirement system.
SB40-CSA1,583,1310
46.2895
(8) (b) 2m. If the long-term care district employs any individual who
11was previously employed by the county, provide the individual health care coverage
12that is similar to the health care coverage that the county provided the individual
13when he or she was employed by the county.
SB40-CSA1,583,1916
46.2895
(8) (c) A long-term care district and any county that created the
17district and has not withdrawn from or been removed from the district under sub.
18(14) may enter into an agreement allocating the costs of providing benefits described
19under this section between the district and the county.
SB40-CSA1,584,221
46.2895
(9) Confidentiality of records. No record, as defined in s. 19.32 (2),
22of a
family long-term care district that contains personally identifiable information,
23as defined in s. 19.62 (5), concerning an individual who receives services from the
24family long-term care district may be disclosed by the
family long-term care district
1without the individual's informed consent, except as required to comply with s.
216.009 (2) (p) or 49.45 (4).
SB40-CSA1,584,124
46.2895
(10) Exchange of information. Notwithstanding sub. (9) and ss.
548.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7),
6253.07 (3) (c) and 938.78 (2) (a), a
family long-term care district acting under this
7section may exchange confidential information about a client, as defined in s.
846.287 (1), without the informed consent of the client, under s. 46.21 (2m) (c),
946.215 (1m), 46.22 (1) (dm), 46.23 (3) (e), 46.283 (7), 46.284 (7), 51.42 (3) (e) or
1051.437 (4r) (b) in the jurisdiction of the
family
long-term care district, if necessary
11to enable the
family long-term care district to perform its duties or to coordinate
12the delivery of services to the client.
SB40-CSA1,584,1914
46.2895
(11) Obligations and
, debts, and responsibilities not those of county. 15The obligations and debts of
the family a long-term care district are not the
16obligations or debts of
the any county that created the
family care district.
If a
17long-term care district is obligated by statute or contract to provide or pay for
18services or benefits, no county is responsible for providing or paying for those services
19or benefits.
SB40-CSA1,585,221
46.2895
(12) Assistance to family long-term care district. From moneys in
22the a county treasury that are not appropriated to some other purpose, the county
23board of supervisors
under sub. (1) (a) or the county boards of supervisors under sub.
24(1) (b) may appropriate moneys to
the family
a long-term care district
that the county
1participated in creating as a gift or may lend moneys to the
family long-term care
2district.
SB40-CSA1, s. 1072
3Section
1072. 46.2895 (13) (intro.), (a) and (b) of the statutes are consolidated,
4renumbered 46.2895 (13) and amended to read:
SB40-CSA1,585,225
46.2895
(13) Dissolution. (intro.) Subject to the performance of the
6contractual obligations of a
family long-term care district and if first approved by the
7secretary of the department, the
family long-term care district may be dissolved by
8the joint action of the
family long-term care district board and
each county
board of
9supervisors under sub. (1) (a) or the county boards of supervisors under sub. (1) (b)
10or tribe or band that created the
family long-term care district
and has not
11withdrawn or been removed from the district under sub. (14). If the
family a
12long-term care district
that is created by one county or tribe or band is dissolved, the
13property of the district shall be transferred to the county
board of supervisors or tribe
14or band that created
the family care district except as follows: it. (a) If
the family a
15long-term care district
was is created
under sub. (1) (b), by more than one county or
16tribe or band, all of the
county boards of supervisors counties or tribes or bands that
17created the district and that have not withdrawn or been removed from the district
18under sub. (14) shall agree on the apportioning of the
family long-term care district's
19property before the district may be dissolved.
(b) If the
family long-term care district
20operates a care management organization under s. 46.284, disposition of any
21remaining funds in the risk reserve under s. 46.284 (5) (e) shall be made under the
22terms of the district's contract with the department.
SB40-CSA1,586,324
46.2895
(14) Withdrawal or removal of a county or tribe or band. Subject
25to approval from the department, a long-term care district may establish conditions
1for a county or tribe or band that participated with one or more counties or tribes or
2bands in creating the district to withdraw from the district or for the district to
3remove the county or tribe or band from the district.
SB40-CSA1,586,85
46.29
(1) (intro.) From the appropriation under s. 20.435 (6) (a), the
6department shall allocate
up to $10,000 at least $16,100 in each fiscal year for
7operation of the council on physical disabilities. The council on physical disabilities
8shall do all of the following:
SB40-CSA1, s. 1076
9Section
1076. 46.30 (title) of the statutes is renumbered 49.265 (title).
SB40-CSA1, s. 1079
12Section
1079. 46.30 (3) (title) of the statutes is renumbered 49.265 (3) (title).
SB40-CSA1, s. 1080
13Section
1080. 46.30 (3) (a) (intro.) of the statutes is renumbered 49.265 (3) (a)
14(intro.).
SB40-CSA1, s. 1081
15Section
1081. 46.30 (3) (a) 1. of the statutes is renumbered 49.265 (3) (a) 1.
SB40-CSA1, s. 1082
16Section
1082. 46.30 (3) (a) 2. of the statutes is renumbered 49.265 (3) (a) 2.
SB40-CSA1, s. 1083
17Section
1083. 46.30 (3) (a) 3. of the statutes is renumbered 49.265 (3) (a) 3.
SB40-CSA1, s. 1084
18Section
1084. 46.30 (3) (a) 4. of the statutes is renumbered 49.265 (3) (a) 4.
SB40-CSA1, s. 1085
19Section
1085. 46.30 (3) (a) 5. of the statutes is renumbered 49.265 (3) (a) 5.
SB40-CSA1, s. 1086
20Section
1086. 46.30 (3) (a) 6. of the statutes is renumbered 49.265 (3) (a) 6.
SB40-CSA1, s. 1087
21Section
1087. 46.30 (3) (a) 7. of the statutes is renumbered 49.265 (3) (a) 7.
SB40-CSA1, s. 1088
22Section
1088. 46.30 (3) (a) 8. of the statutes is renumbered 49.265 (3) (a) 8. and
23amended to read:
SB40-CSA1,587,3
149.265
(3) (a) 8. Appoint a representative or representatives to the citizen
2advisory committee under s.
46.031 49.325 (3) (a), in order to participate in
3developing and implementing programs designed to serve the poor.
SB40-CSA1, s. 1089
4Section
1089. 46.30 (3) (b) of the statutes is renumbered 49.265 (3) (b).
SB40-CSA1, s. 1090
5Section
1090. 46.30 (4) (title) of the statutes is renumbered 49.265 (4) (title).
SB40-CSA1, s. 1091
6Section
1091. 46.30 (4) (a) of the statutes is renumbered 49.265 (4) (a) and
7amended to read:
SB40-CSA1,587,108
49.265
(4) (a) The department shall distribute the federal community services
9block grant funds received under
42 USC 9903 and deposited in the appropriations
10under s.
20.435 (3) 20.437 (1) (mc) and (md).
SB40-CSA1, s. 1092
11Section
1092. 46.30 (4) (b) of the statutes is renumbered 49.265 (4) (b).
SB40-CSA1, s. 1093
12Section
1093. 46.30 (4) (c) of the statutes is renumbered 49.265 (4) (c).
SB40-CSA1, s. 1094
13Section
1094. 46.30 (4) (d) of the statutes is renumbered 49.265 (4) (d).
SB40-CSA1,587,2116
46.40
(1) (a) Within the limits of available federal funds and of the
17appropriations under s. 20.435 (7) (b) and (o), the department shall distribute funds
18for community social, mental health, developmental disabilities, and alcohol and
19other drug abuse services and for services under ss.
46.51, 46.87, 46.985, and 51.421
20to county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437 and to
21county aging units, as provided in subs. (2), (2m), and (7) to (9).
SB40-CSA1, s. 1097
22Section
1097. 46.40 (1) (b) of the statutes is renumbered 48.563 (1) (b) and
23amended to read:
SB40-CSA1,588,324
48.563
(1) (b) Notwithstanding s.
46.49 48.568, if the department receives any
25federal moneys under
42 USC 670 to
679a in reimbursement of moneys allocated
1under par. (a) for the provision of foster care, the department shall distribute those
2federal moneys for services and projects to assist children and families and for the
3purposes specified in s.
46.46 48.567.
SB40-CSA1, s. 1098
4Section
1098. 46.40 (1) (c) of the statutes is renumbered 48.563 (1) (c) and
5amended to read:
SB40-CSA1,588,186
48.563
(1) (c) The Milwaukee County department of social services shall report
7to the department in a manner specified by the department on all children under the
8supervision of the Milwaukee County department of social services who are placed
9in foster homes and whose foster parents receive funding for child care from the
10amounts distributed under par. (a) so that the department may claim federal foster
11care and adoption assistance reimbursement under
42 USC 670 to
679a for the
12amounts expended by the Milwaukee County department of social services for the
13provision of child care for those children. Notwithstanding s.
46.49 48.568, if the
14department receives any federal moneys under
42 USC 670 to
679a in
15reimbursement of the amounts expended by the Milwaukee County department of
16social services for the provision of child care for children in foster care in 1996 and
171997, the department shall distribute those federal moneys to the Milwaukee County
18department of social services for the provision of child care for children in foster care.
SB40-CSA1,589,220
46.40
(1) (d) If the department
of health and family services receives any
21federal moneys under
42 USC 1396 to
1396v in reimbursement of the cost of
22preventing out-of-home placements of children, the department
of health and
23family services shall transfer those moneys to the department of children and
24families, and the department of children and families shall use those moneys as the
1first source of moneys used to meet the amount of the allocation under
sub. s. 48.563 2(2) that is budgeted from federal funds.
SB40-CSA1,589,64
46.40
(2) Basic county allocation. Subject to sub. (9), for social services under
5s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not
6more than
$242,078,700 $242,725,500 in each fiscal year.
SB40-CSA1, s. 1101
7Section
1101
. 46.40 (2) of the statutes, as affected by 2007 Wisconsin Act ....
8(this act), is amended to read:
SB40-CSA1,589,119
46.40
(2) Basic county allocation. Subject to sub. (9), for social services under
10s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not
11more than
$242,725,500 $176,068,400 in each fiscal year.
SB40-CSA1,589,1513
46.40
(2m) (b)
Community mental health services. For community mental
14health services under
42 USC 300x to
300x-9, the department shall distribute
not
15more than $2,513,400 in each fiscal year.
SB40-CSA1, s. 1102
16Section
1102. 46.40 (3) of the statutes is renumbered 48.563 (3) and amended
17to read:
SB40-CSA1,589,2318
48.563
(3) Tribal child care. For child care services under
42 USC 9858, the
19department shall distribute not more than $412,800 in each fiscal year from the
20appropriation account under s.
20.435 (7) 20.437 (1) (b) to federally recognized
21American Indian tribes or bands. A tribe or band that receives funding under this
22subsection shall use that funding to provide child care for an eligible child, as defined
23in
42 USC 9858n (4).
SB40-CSA1, s. 1103
24Section
1103. 46.40 (7m) of the statutes is renumbered 48.563 (7m) and
25amended to read:
SB40-CSA1,590,15
148.563
(7m) Use by county of
community children and family aids funds to
2pay private attorneys for certain proceedings under the children's code. Upon
3application by a county department under s. 46.215, 46.22
, or 46.23 to the
4department for permission to use funds allocated to that county department under
5sub. (2) to employ private counsel for the purposes specified in this subsection and
6a determination by the department that use of funds for those purposes does not
7affect any federal grants or federal funding allocated under this section, the
8department and the county department shall execute a contract authorizing the
9county department to expend, as agreed upon in the contract, funds allocated to that
10county department under sub. (2) to permit the county department to employ private
11counsel to represent the interests of the state or county in proceedings under
ch. 48 12this chapter relating to child abuse or neglect
cases, unborn child abuse
cases,
13proceedings to terminate, termination of parental rights
, and
any ch. 48 cases or
14proceedings involving the Indian
child welfare act
Child Welfare Act,
25 USC 1901 15to
1963.
SB40-CSA1, s. 1104a
16Section
1104a. 46.40 (9) (a) of the statutes is renumbered 46.40 (9) (ar) and
17amended to read:
SB40-CSA1,590,2518
46.40
(9) (ar)
Transfer to family care program and adult protective services
19allocation. If a care management organization under s. 46.284 is available in a
20county, the department may
dispose of not more than 21.3% of the amount allocated
21under sub. (2) to that county as follows; and, of the amount allocated under sub. (8),
22may dispose of the lesser of up to 60% or the amount remaining after subtracting an
23amount necessary to maintain funding for recipients under sub. (8) who, on
24September 1, 2001, are ineligible for the family care benefit under s. 46.286, to that
25county, as follows:
SB40-CSA1,591,4
11. By transferring a portion of
those amounts that amount, as determined by
2the department, to the family care program to fund the services of resource centers
3under s. 46.283 (5) and the services of care management organizations under s.
446.284 (4).
SB40-CSA1,591,65
2. By transferring a portion of
those amounts that amount, as determined by
6the department, to the county's adult protective services allocation under par. (b).
SB40-CSA1,591,128
46.40
(9) (ag)
Adjustment for family care. If a care management organization
9under s. 46.284 is available in a county and the county has under s. 46.281 (4) agreed
10to a reduction in its distribution under sub. (2), the department shall use the amount
11established under s. 46.281 (4) to fund the services of care management
12organizations under s. 46.284 (4).
SB40-CSA1,591,1614
46.40
(9) (b)
Adult protective services allocation. For adult protective services,
15the department shall distribute the amounts transferred under par.
(a) (ar) 2. in each
16fiscal year.
SB40-CSA1, s. 1106
17Section
1106. 46.45 (2) (a) of the statutes is renumbered 48.565 (2) (a) and
18amended to read:
SB40-CSA1,592,1319
48.565
(2) (a) Subject to par. (am), if on December 31 of any year there remains
20unspent or unencumbered in the allocation under s.
46.40 48.563 (2) an amount that
21exceeds the amount received under
42 USC 670 to
679a and allocated under s.
46.40 2248.563 (2) in that year, the department shall carry forward the excess moneys and
23distribute not less than 50% of the excess moneys to counties having a population of
24less than 500,000 that are making a good faith effort, as determined by the
25department, to comply with s. 46.22 (1) (c) 8. f. for services and projects to assist
1children and families, notwithstanding the percentage limit specified in sub. (3)
(a).
2A county shall use not less than 50% of the moneys distributed to the county under
3this subsection for services for children who are at risk of abuse or neglect to prevent
4the need for child abuse and neglect intervention services, except that in the calendar
5year in which a county achieves compliance with s. 46.22 (1) (c) 8. f. and in the 2
6calendar years after that calendar year the county may use 100% of the moneys
7distributed under this paragraph to reimburse the department for the costs of
8achieving that compliance. If a county does not comply with s. 46.22 (1) (c) 8. f. before
9July 1, 2005, the department may recover any amounts distributed to that county
10under this paragraph after June 30, 2001, by billing the county or deducting from
11that county's allocation under s.
46.40 48.563 (2). All moneys received by the
12department under this paragraph shall be credited to the appropriation account
13under s.
20.435 (3) 20.437 (1) (j).
SB40-CSA1, s. 1107
14Section
1107. 46.45 (2) (am) of the statutes is renumbered 48.565 (2) (am) and
15amended to read:
SB40-CSA1,592,1916
48.565
(2) (am) If on December 31 of any year a county is not using the
17centralized unit contracted for under s.
46.03 48.47 (7) (h) for determining whether
18the cost of providing care for a child is eligible for reimbursement under
42 USC 670 19to
679a, the department shall reduce that county's distribution under par. (a) by 50%.
SB40-CSA1, s. 1108
20Section
1108. 46.45 (2) (b) of the statutes is renumbered 48.565 (2) (b).
SB40-CSA1, s. 1109
21Section
1109. 46.45 (2) (c) of the statutes is renumbered 48.565 (2) (c) and
22amended to read: