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17created the district and that have not withdrawn or been removed from the district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:
SB40-CSA1,592,2523
48.565
(2) (c) The department shall credit to the appropriation account under
24s.
20.435 (8) (mb) 20.437 (3) (mp) any moneys carried forward under par. (a), but not
25distributed to counties, and may expend those moneys as provided in s.
46.46 48.567.
SB40-CSA1,593,152
46.45
(3) (a) Except as provided in par. (b), at the request of a county, tribal
3governing body, or private nonprofit organization, the department shall carry
4forward up to 3% of the total amount allocated to the county, tribal governing body,
5or nonprofit organization for a calendar year, not including the amount allocated to
6the county under s. 46.40 (7), which amount may be carried forward as provided in
7par. (c). All funds carried forward for a tribal governing body or nonprofit
8organization
, all federal child welfare funds under 42 USC 620 to 626, and all funds
9allocated under s. 46.40 (2m) carried forward for a county shall be used for the
10purpose for which the funds were originally allocated. Other funds carried forward
11under this paragraph may be used for any purpose under s. 20.435 (7) (b), except that
12a county may not use any funds carried forward under this paragraph for
13administrative or staff costs. An allocation of carried-forward funding under this
14paragraph does not affect a county's base allocations under s. 46.40 (2), (2m), (8), and
15(9).
SB40-CSA1,593,2417
46.46
(1) From the appropriation account under s. 20.435 (8) (mb), the
18department shall support costs that are exclusively related to the ongoing and
19recurring operational costs of augmenting the amount of moneys received under
42
20USC 670 to 679a, 42 USC 1395 to
1395ddd, and
42 USC 1396 to
1396v and to any
21other purpose provided for by the legislature by law or in budget determinations and
22shall distribute moneys to counties as provided in sub. (1g). In addition, the
23department may expend moneys from the appropriation account under s. 20.435 (8)
24(mb) as provided in
subs. (1m) and sub. (2).
SB40-CSA1, s. 1112
1Section
1112. 46.46 (1m) of the statutes is renumbered 48.567 (1m) and
2amended to read:
SB40-CSA1,594,113
48.567
(1m) In addition to expending moneys from the appropriation account
4under s.
20.435 (8) (mb) 20.437 (3) (mp) for the augmentation activities specified in
5sub. (1), the department may expend moneys received under
42 USC 1396 to
1396v 6in reimbursement of the cost of providing targeted case management services to
7children whose care is not eligible for reimbursement under
42 USC 670 to
679a and
8credited to the appropriation account under s.
20.435 (8) (mb) 20.437 (3) (mp) to
9support the counties' share of implementing the statewide automated child welfare
10information system under s. 46.22 (1) (c) 8. f. and to provide services to children and
11families under s. 48.48 (17).
SB40-CSA1,595,213
46.46
(2) If the department proposes to use any moneys from the appropriation
14account under s. 20.435 (8) (mb) for any purpose other than the purposes specified
15in subs. (1)
, (1g), and (1m) and (1g), the department shall submit a plan for the
16proposed use of those moneys to the secretary of administration by September 1 of
17the fiscal year after the fiscal year in which those moneys were received. If the
18secretary of administration approves the plan, he or she shall submit the plan to the
19joint committee on finance by October 1 of the fiscal year after the fiscal year in which
20those moneys were received. If the cochairpersons of the committee do not notify the
21secretary of administration within 14 working days after the date of submittal of the
22plan that the committee has scheduled a meeting for the purpose of reviewing the
23plan, the department may implement the plan. If within 14 working days after the
24date of the submittal by the secretary of administration the cochairpersons of the
25committee notify him or her that the committee has scheduled a meeting for the
1purpose of reviewing the plan, the department may implement the plan only with the
2approval of the committee.
SB40-CSA1,595,64
46.48
(9) Quality home care program. The department shall distribute at least
5$167,000 in each fiscal year as a grant to an organization to provide services to
6consumers and providers of supportive home care and personal care.
SB40-CSA1,595,128
46.48
(11m) (b) The department shall award not more than
$83,800 in fiscal
9year 2005-06 and not more than $106,400
in fiscal year 2006-07 annually as a grant
10to an organization or a group of organizations to provide services for female prisoners
11and offenders from Milwaukee County and their children, if the prisoners or
12offenders have been convicted of nonviolent crimes.
SB40-CSA1,595,1714
46.48
(18) Outreach services. The department shall distribute $84,000 in
15each fiscal year as grants to community organizations in southeastern and south
16central Wisconsin to provide outreach services relating to health, mental health,
17housing, assisted living, domestic violence, and other services.
SB40-CSA1, s. 1117
18Section
1117. 46.481 (intro.) of the statutes is renumbered 48.481 (intro.) and
19amended to read:
SB40-CSA1,595,22
2048.481 Grants for children's community programs. (intro.) From the
21appropriation under s.
20.435 (3) 20.437 (1) (bc), the department shall distribute the
22following grants for children's community programs:
SB40-CSA1, s. 1118
23Section
1118. 46.481 (1) (title) of the statutes is renumbered 48.481 (1) (title).
SB40-CSA1, s. 1119
24Section
1119. 46.481 (1) (a) of the statutes is renumbered 48.481 (1) (a) and
25amended to read:
SB40-CSA1,596,10
148.481
(1) (a) The department shall distribute $497,200 in each fiscal year to
2counties for the purpose of supplementing payments for the care of an individual who
3attains age 18 after 1986 and who resided in a foster home
, as defined in s. 48.02 (6), 4or a treatment foster home
, as defined in s. 48.02 (17q), for at least 2 years
5immediately prior to attaining age 18 and, for at least 2 years, received exceptional
6foster care or treatment foster care payments in order to avoid institutionalization,
7as provided under rules promulgated by the department, so that the individual may
8live in a family home or other noninstitutional situation after attaining age 18. No
9county may use funds provided under this paragraph to replace funds previously
10used by the county for this purpose.
SB40-CSA1, s. 1120
11Section
1120. 46.481 (1) (b) of the statutes is renumbered 48.481 (1) (b).
SB40-CSA1,596,1714
46.485
(3g) The amount that the department may transfer under sub. (2g) for
15counties may not exceed the estimated state share of payments under s. 49.45, 49.46
16or, 49.47
, or 49.471 for mental health care and treatment that is provided in inpatient
17facilities for children with severe emotional disturbances.
SB40-CSA1,596,20
1946.49 (title)
Allocation of federal funds for community aids and child
20welfare.
SB40-CSA1,597,1322
46.49
(1) Subject to s. 46.40 (1) (b) and (c), if If the department receives
23unanticipated federal community mental health services block grant funds under
42
24USC 300x to
300x-9, or federal prevention and treatment of substance abuse block
25grant funds under
42 USC 300x-21 to
300x-35, or foster care and adoption
1assistance payments under 42 USC 670 to 679a and
it if the department proposes to
2allocate the unanticipated funds so that an allocation limit in s. 46.40 is exceeded,
3the department shall submit a plan for the proposed allocation to the secretary of
4administration. If the secretary of administration approves the plan, he or she shall
5submit it to the joint committee on finance. If the cochairpersons of the committee
6do not notify the secretary of administration that the committee has scheduled a
7meeting for the purpose of reviewing the plan within 14 working days after the date
8of his or her submittal, the department may implement the plan, notwithstanding
9any allocation limits under s. 46.40. If within 14 working days after the date of the
10submittal by the secretary of administration the cochairpersons of the committee
11notify him or her that the committee has scheduled a meeting for the purpose of
12reviewing the plan, the department may implement the plan, notwithstanding s.
1346.40, only with the approval of the committee.