46.03 (22) (e) If a community living arrangement for adults is required to obtain special zoning permission, as defined in s. 59.69 (15) (g), the department shall, at the request of the unit of government responsible for granting the special zoning permission, inspect the proposed facility and review the program proposed for the facility. After such inspection and review, the department shall transmit to the unit of government responsible for granting the special zoning permission a statement that the proposed facility and its proposed program have been examined and are either approved or disapproved by the department.
SECTION 192. 46.03 (29) of the statutes is repealed.
SECTION 193. 46.03 (39) of the statutes is renumbered 48.47 (39).
SECTION 194. 46.031 (3) (a) of the statutes is amended to read:
46.031 (3) (a) Citizen advisory committee. Except as provided in par. (b), the county board of supervisors of each county or the county boards of supervisors of 2 or more counties jointly shall establish a citizen advisory committee to the county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437. The citizen advisory committee shall advise in the formulation of the budget under sub. (1). Membership on the committee shall be determined by the county board of supervisors in a county with a single-county committee or by the county boards of supervisors in counties with a multicounty committee and shall include representatives of those persons receiving services, providers of service and citizens. A majority of the members of the committee shall be citizen and service consumers. At least one member of the committee shall be chosen from the governing or administrative board of the community action agency serving the county or counties under s. 46.30, if any. The committee's membership may not consist of more than 25% county supervisors, nor of more than 20% service providers. The chairperson of the committee shall be appointed by the county board of supervisors establishing it. In the case of a multicounty committee, the chairperson shall be nominated by the committee and approved by the county boards of supervisors establishing it. The county board of supervisors in a county with a single-county committee or the county boards of supervisors in counties with a multicounty committee may designate an agent to determine the membership of the committee and to appoint the committee chairperson or approve the nominee.
SECTION 195. 46.034 (1) of the statutes is amended to read:
46.034 (1) The department, in order to discharge more effectively its responsibilities under this chapter and chs. 48, 51, 250, and 251 and other relevant provisions of the statutes, may establish community human services pilot programs for the study, implementation, and evaluation of improved human services delivery systems. In the implementation of such those pilot programs, the requirement of statewide uniformity with respect to the organization and governance of human services shall not apply. The department and local governmental bodies may establish such departments, boards, committees, organizational structures, and procedures as may be needed to implement the pilot programs. The departments, boards, committees, and organizational structures may assume responsibilities currently assigned by statute to the departments, boards, committees, or organizational structures that are replaced.
SECTION 196. 46.036 (1) of the statutes is amended to read:
46.036 (1) All care and services purchased by the department or by a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, except as provided under subch. III of ch. 49 and s. 301.08 (2), shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes or treatment foster homes that are required to be licensed under s. 48.62. When the department directly contracts for services, it shall follow the procedures in this section in addition to meeting purchasing requirements established in s. 16.75.
SECTION 197. 46.036 (4) (a) of the statutes is amended to read:
46.036 (4) (a) Except as provided in this paragraph, maintain a uniform double entry accounting system and a management information system which are compatible with cost accounting and control systems prescribed by the department. The department shall establish a simplified double entry bookkeeping system for use by family-operated group homes. Each purchaser shall determine whether a family-operated group home from which it purchases services shall use the double entry accounting system or the simplified system and shall include this determination in the purchase of service contract. In this paragraph, "family-operated group home" means a group home licensed under s. 48.66 (1) (a) for which the licensee is one or more individuals who operate not more than one group home.
SECTION 198. 46.036 (4) (c) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
46.036 (4) (c) Unless waived by the department, biennially, or annually if required under federal law, provide the purchaser with a certified financial and compliance audit report if the care and services purchased exceed $100,000 or any higher threshold amount determined by the department. The audit shall follow standards that the department prescribes. A purchaser may waive the requirements of this paragraph for any family-operated group home, as defined under par. (a), from which it purchases services.
****NOTE: This is reconciled s. 41.036 (4) (c). This SECTION has been affected by drafts with the following LRB numbers: -0243 and -1261.
SECTION 199. 46.037 of the statutes is renumbered 49.343 and amended to read:
49.343 Rates for residential child care centers and group homes. (1) Subject to sub. (1m), each residential child care center for children and youth, as defined in s. 48.02 (15d), and each group home, as defined in s. 48.02 (7), that is licensed under s. 48.625 and incorporated under ch. 180, 181, 185, or 193 shall establish a per client rate for its services and shall charge all purchasers the same rate.
(1m) Notwithstanding sub. (1), the department, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those county departments, or the department and one or more of those county departments, and a residential child care center for children and youth or group home, as described in sub. (1), may negotiate a per client rate for the services of that residential child care center for children and youth or group home, if the department, that county department, the county departments in that group of county departments, or the department and one or more of those county departments, agree to place 75% or more of the residents of that residential child care center for children and youth or group home during the period for which that rate is effective. A residential child care center for children and youth or group home that negotiates a per client rate under this subsection shall charge that rate to all purchasers of its services.
(2) A residential child care center for children and youth or a group home, as described in sub. (1) or (1m), shall submit to the department the rate it charges and any change in that rate before a charge is made to any purchaser. The department shall provide forms and instructions for the submission of rates and changes in rates under this subsection and a residential child care center for children and youth or a group home that is required to submit a rate or a change in a rate under this subsection shall submit that rate or change in a rate using those forms and instructions.
(3) The department may require an audit of any residential child care center for children and youth or group home, as described in sub. (1) or (1m), for the purpose of collecting federal funds.
SECTION 200. 46.043 (1) of the statutes is amended to read:
46.043 (1) In addition to inpatient and outpatient services provided at mental health institutes under ss. 51.05 and 51.07, the department may authorize mental health institutes to offer services other than inpatient mental health services when the department determines that community services need to be supplemented. Services that may be offered under this section include mental health outpatient treatment and services, day programming, consultation and services in residential facilities, including group homes, child caring institutions residential care centers for children and youth and community-based residential facilities.
SECTION 201. 46.10 (14) (b) of the statutes is amended to read:
46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355 or 48.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, subsidized guardianship home, or residential care center for children and youth shall be determined by the court by using the percentage standard established by the department of workforce development children and families under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under s. 46.247 par. (g).
SECTION 202. 46.10 (14) (g) of the statutes is created to read:
46.10 (14) (g) For purposes of determining child support under par. (b), the department shall promulgate rules related to the application of the standard established by the department of children and families under s. 49.22 (9) to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 48.355 or 48.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.
SECTION 203. 46.16 (1) of the statutes is amended to read:
46.16 (1) GENERALLY. The department shall investigate and supervise all the charitable and curative institutions, including county infirmaries, of every county and municipality, except tuberculosis sanatoriums; all shelter care facilities for children and, and all hospitals, asylums, and institutions, organized for the purpose set forth in s. 58.01, and familiarize itself with all the circumstances affecting their management and usefulness.
SECTION 204. 46.16 (2) of the statutes is repealed.
SECTION 205. 46.16 (2m) of the statutes is repealed.
SECTION 206. 46.16 (2s) of the statutes is repealed.
SECTION 207. 46.16 (3) of the statutes is amended to read:
46.16 (3) COUNTY HOMES, POOR RELIEF. It The department shall visit the county homes and ascertain the number of each sex and the number of mentally ill, mentally deficient, deaf, or blind persons, and children supported in each, at what cost and under what circumstances affecting their health, comfort, morals, and education; collect statistics of the cost of support, and other important facts, of the poor relieved at public expense outside of county homes; and collect information as to the adequacy and efficiency of existing laws for the support and relief of the poor, and the causes of pauperism in the state.
SECTION 208. 46.16 (7) of the statutes is amended to read:
46.16 (7) ENFORCEMENT BY ATTORNEY GENERAL AND DISTRICT ATTORNEYS. Upon request of the department, the attorney general or the district attorney of the proper county shall aid in any investigation, inspection, hearing, or trial had under the provisions of this chapter, or those sections of ch. 48 relating to powers of the department, and shall institute and prosecute all necessary actions or proceedings for the enforcement of such those provisions and for the punishment of violations of the same those provisions. The attorney general or district attorney so requested shall report or confer with the department regarding the request, within 30 days after the receipt of such the request.
SECTION 209. 46.17 (1) of the statutes is amended to read:
46.17 (1) The department shall fix reasonable standards and regulations for the design, construction, repair, and maintenance of county homes, county infirmaries, county hospitals, and mental health facilities and shelter care facilities, with respect to their adequacy and fitness for the needs which they are to serve.
SECTION 210. 46.206 (1) (a) of the statutes is amended to read:
46.206 (1) (a) The department shall supervise the administration of social services, except as provided under ch. 48 and subch. III of ch. 49 and except for juvenile delinquency-related services. The department shall submit to the federal authorities state plans for the administration of social services, except as provided under ch. 48 and subch. III of ch. 49 and except for juvenile delinquency-related services, in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.
SECTION 211. 46.206 (2) of the statutes is amended to read:
46.206 (2) The county administration of all laws relating to social services, except with respect to the programs under ch. 48 and subch. III of ch. 49 and to juvenile delinquency-related programs, shall be vested in the officers and agencies designated in the statutes.
SECTION 212. 46.21 (5) (b) of the statutes is amended to read:
46.21 (5) (b) Sections 46.10, 49.08, 49.345, 49.90, and 301.12 govern the support and maintenance of persons in any of the institutions specified in sub. (2) (a).
SECTION 213. 46.215 (1) (d) of the statutes is amended to read:
46.215 (1) (d) To make investigations that relate to services under subchs. II, IV, and V of ch. 49 upon request by the department of health and family services, to make investigations that relate to juvenile delinquency-related services at the request of the department of corrections, and to make investigations that relate to programs under ch. 48 and subch. III of ch. 49 upon request by the department of workforce development children and families.
SECTION 214. 46.215 (1) (j) of the statutes is amended to read:
46.215 (1) (j) To make payments in such manner as the department of workforce development children and families may determine for training of recipients, former recipients, and potential recipients of aid in programs established under s. 49.193, 1997 stats., and s. 49.26 (1).
SECTION 215. 46.215 (1p) of the statutes is amended to read:
46.215 (1p) EXCHANGE OF INFORMATION; STATEWIDE AUTOMATED CHILD WELFARE INFORMATION SYSTEM. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) and (2) (a) 938.396 (1) and (2), and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 46.03 48.47 (7g).
SECTION 216. 46.215 (2) (a) 2. of the statutes is amended to read:
46.215 (2) (a) 2. In order to ensure the availability of a full range of care and services, the county department of social services may contract, either directly or through the department of workforce development children and families, with public or voluntary agencies or others to purchase, in full or in part, care and services under ch. 48 and subch. III of ch. 49 which the county department of social services is authorized to furnish. This care and these services may be purchased from the department of workforce development children and families if the department of workforce development children and families has staff to furnish the services. If the county department of social services has adequate staff, it may sell the care and services directly to another county or state agency.
SECTION 217. 46.215 (2) (b) of the statutes is amended to read:
46.215 (2) (b) A county department of social services may purchase development and training services from the department of health and family services, from the department of workforce development children and families, from the department of corrections or from other county agencies when the services are available. A county department of social services may sell the development and staff training services to another county or state agency if the county department has adequate staff to provide the services.
SECTION 218. 46.215 (2) (c) 2. of the statutes is amended to read:
46.215 (2) (c) 2. A county department of social services shall develop, under the requirements of s. 49.34, plans and contracts for care and services to be purchased under ch. 48 and subch. III of ch. 49. The department of workforce development children and families may review the contracts and approve them if they are consistent with s. 49.34 and if state or federal funds are available for such purposes. The joint committee on finance may require the department of workforce development children and families to submit the contracts to the committee for review and approval. The department of workforce development children and families may not make any payments to a county for programs included in a contract under review by the committee.
SECTION 219. 46.215 (3) of the statutes is amended to read:
46.215 (3) PROGRAM BUDGETS. The county department of social services shall submit a final budget to the department of health and family services under s. 46.031 (1), to the department of corrections under s. 301.031 (1), and to the department of workforce development children and families under s. 49.325 (1), for authorized services.
SECTION 220. 46.22 (1) (b) 1. b. of the statutes is amended to read:
46.22 (1) (b) 1. b. To make investigations which relate to welfare services, except as provided under ch. 48 and subch. III of ch. 49, upon request by the department of health and family services.
SECTION 221. 46.22 (1) (b) 1. f. of the statutes is renumbered 46.22 (1) (b) 2. fm.
SECTION 222. 46.22 (1) (b) 2. (intro.) of the statutes is amended to read:
46.22 (1) (b) 2. (intro.) A county department of social services shall have the following functions, duties, and powers in accordance with the rules promulgated by the department of workforce development children and families and subject to the supervision of the department of workforce development children and families:
SECTION 223. 46.22 (1) (b) 2. c. of the statutes is amended to read:
46.22 (1) (b) 2. c. To make investigations as provided under ch. 48 and subch. III of ch. 49 upon request by the department of workforce development children and families.
SECTION 224. 46.22 (1) (b) 2. e. of the statutes is amended to read:
46.22 (1) (b) 2. e. To make payments in such manner as the department of workforce development children and families may determine for training of recipients, former recipients and potential recipients of aid in programs established under ss. 49.193, 1997 stats., and s. 49.26 (1).
SECTION 225. 46.22 (1) (b) 2. g. of the statutes is amended to read:
46.22 (1) (b) 2. g. To make certification or referral of eligibles for state or federal works or other assistance programs under ch. 48 and subch. III of ch. 49, eligibility for which is based on need.
SECTION 226. 46.22 (1) (b) 3. (intro.) of the statutes is amended to read:
46.22 (1) (b) 3. (intro.) A county department of social services shall have the following functions, duties, and powers in accordance with the rules promulgated and standards established by the department of health and family services and subject to the supervision of the department of workforce development children and families:
SECTION 227. 46.22 (1) (b) 3. d. of the statutes is amended to read:
46.22 (1) (b) 3. d. To submit a final budget to the department of workforce development children and families in accordance with s. 49.325 for services authorized in this subdivision.
SECTION 228. 46.22 (1) (c) 8. f. of the statutes is amended to read:
46.22 (1) (c) 8. f. The county department of social services shall implement the statewide automated child welfare information system established by the department under s. 46.03 48.47 (7g).
SECTION 229. 46.22 (1) (d) of the statutes is amended to read:
46.22 (1) (d) Merit system; records. The county department of social services is subject to s. 49.78 (4) to (7). The county department of social services and all county officers and employees performing any duties in connection with the administration of aid to families with dependent children shall observe all rules promulgated by the department of workforce development children and families under s. 49.78 (4) and shall keep records and furnish reports as the department of workforce development children and families requires in relation to their performance of such duties.
SECTION 230. 46.22 (1) (dp) of the statutes is amended to read:
46.22 (1) (dp) Exchange of information; statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) and (2) (a) 938.396 (1) and (2), and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 46.03 48.47 (7g).
SECTION 231. 46.22 (1) (e) 1. of the statutes is amended to read:
46.22 (1) (e) 1. In order to ensure the availability of a full range of care and services, a county department of social services may contract, either directly or through the department of health and family services, the department of workforce development children and families, or the department of corrections, with public or voluntary agencies or others to purchase, in full or in part, care and services which the county department of social services is authorized by any statute to furnish in any manner. The services may be purchased from the department of health and family services, the department of workforce development children and families, or the department of corrections if the department of health and family services, the department of workforce development children and families, or the department of corrections has staff to furnish the services. The county department of social services, if it has adequate staff, may sell the care and services directly to another county or state agency.
SECTION 232. 46.22 (1) (e) 2. of the statutes is amended to read:
46.22 (1) (e) 2. A county department of social services may purchase development and training services from the department of health and family services, the department of workforce development children and families, or the department of corrections or from other county agencies if the services are available or sell the development and staff training services to another county or state agency if the county department of social services has adequate staff to provide the services.
SECTION 233. 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 ch. 48, 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 (7) (b) and (o) according to s. 46.495.
SECTION 234. 46.22 (1) (e) 3. b. of the statutes is amended to read:
46.22 (1) (e) 3. b. A county department of social services shall develop, under the requirements of s. 49.34, plans and contracts for care and services under ch. 48 and subch. III of ch. 49 to be purchased. The department of workforce development children and families may review the contracts and approve them if they are consistent with s. 49.34 and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of workforce development children and families to submit the contracts to the committee for review and approval. The department of workforce development children and families may not make any payments to a county for programs included in the contract that is under review by the committee.
SECTION 235. 46.22 (2g) (d) of the statutes is amended to read:
46.22 (2g) (d) Prepare, with the assistance of the county social services director under sub. (3m) (b) 5., a proposed budget for submission to the county executive or county administrator, a final budget for submission to the department of health and family services in accordance with s. 46.031 (1) for authorized services, except services under ch. 48, subch. III of ch. 49, or s. 301.08 (2), a final budget for submission to the department of workforce development children and families in accordance with s. 49.325 for authorized services under ch. 48 and subch. III of ch. 49, and a final budget for submission to the department of corrections in accordance with s. 301.031 (1) for authorized juvenile delinquency-related services.
SECTION 236. 46.22 (3m) (b) 12. of the statutes is amended to read:
46.22 (3m) (b) 12. Establish priorities in addition to those mandated by the department of health and family services, by the department of workforce development children and families, or by the department of corrections.
SECTION 237. 46.22 (3m) (b) 17. b. of the statutes is amended to read:
