46.23 (3) (ed) 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 241. 46.23 (5) (a) 1. of the statutes is amended to read:
46.23 (5) (a) 1. Shall determine administrative and program policies, except as provided under ch. 48 and subch. III of ch. 49 and except for juvenile delinquency-related policies, within limits established by the department of health and family services. Policy decisions, except as provided under ch. 48 and subch. III of ch. 49 and except for juvenile delinquency-related policies, not reserved by statute for the department of health and family services may be delegated by the secretary to the county human services board.
SECTION 242. 46.23 (5) (a) 2. of the statutes is amended to read:
46.23 (5) (a) 2. Shall determine administrative and program policies under ch. 48 and subch. III of ch. 49 within limits established by the department of workforce development children and families. Policy decisions under ch. 48 and subch. III of ch. 49 not reserved by statute for the department of workforce development children and families may be delegated by the secretary of workforce development children and families to the county human services board.
SECTION 243. 46.23 (5) (b) of the statutes is amended to read:
46.23 (5) (b) Shall establish priorities in addition to those mandated by the department of health and family services, the department of corrections, or the department of workforce development children and families.
SECTION 244. 46.23 (5) (c) 1. of the statutes is amended to read:
46.23 (5) (c) 1. Shall determine whether state mandated services, except for services under ch. 48 and subch. III of ch. 49 and juvenile delinquency-related services, are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of services contracts shall be subject to the conditions specified in s. 46.036.
SECTION 245. 46.23 (5) (c) 2. of the statutes is amended to read:
46.23 (5) (c) 2. Shall determine whether state mandated services under ch. 48 and subch. III of ch. 49 are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of services contracts shall be subject to the conditions specified in s. 49.34.
SECTION 246. 46.23 (5) (n) 1. of the statutes is amended to read:
46.23 (5) (n) 1. Shall submit a final budget in accordance with s. 46.031 (1) for authorized services, except for services under ch. 48 and subch. III of ch. 49 and juvenile delinquency-related services. Notwithstanding the categorization of or limits specified for funds allocated under s. 46.495 or 51.423 (2), with the approval of the department of health and family services the county human services board may expend these funds consistent with any service provided under s. 46.495 or 51.42.
SECTION 247. 46.23 (5) (n) 2. of the statutes is amended to read:
46.23 (5) (n) 2. Shall submit a final budget in accordance with s. 49.325 (1) for authorized services under ch. 48 and subch. III of ch. 49. Notwithstanding the categorization of or limits specified for funds allocated under s. 48.569, with the approval of the department of children and families the county human services board may expend these funds consistent with any service provided under s. 48.569.
SECTION 248. 46.23 (5m) (c) of the statutes is amended to read:
46.23 (5m) (c) Prepare, with the assistance of the county human services director under sub. (6m) (e), 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 and subch. III of ch. 49 and juvenile delinquency-related services, 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 for authorized juvenile delinquency-related services.
SECTION 249. 46.23 (6) (a) (intro.) of the statutes is amended to read:
46.23 (6) (a) (intro.) A county human services director appointed under sub. (5) (f) shall have all of the administrative and executive powers and duties of managing, operating, maintaining, and improving the programs of the county department of human services, subject to the rules promulgated by the department of health and family services for programs, except services or programs under ch. 48 and subch. III of ch. 49 and juvenile delinquency-related services or programs, subject to the rules promulgated by the department of workforce development children and families for services or programs under ch. 48 and subch. III of ch. 49, and subject to the rules promulgated by the department of corrections for juvenile delinquency-related services or programs. In consultation with the county human services board under sub. (5) and subject to its approval, the county human services director shall prepare:
SECTION 250. 46.23 (6) (a) 3. of the statutes is amended to read:
46.23 (6) (a) 3. Such other reports as are required by the secretary of health and family services, by the secretary of corrections, or by the secretary of workforce development children and families and the county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services.
SECTION 251. 46.24 of the statutes is renumbered 48.375 (9) and amended to read:
48.375 (9) ASSISTANCE TO MINORS CONCERNING PARENTAL CONSENT FOR ABORTION. If a minor who is contemplating an abortion requests assistance from a county department under s. 46.215, 46.22 or 46.23 in seeking the consent of the minor's parent, guardian, or legal custodian, or in seeking the consent of an adult family member, as defined in s. 48.375 (2) (b), for the contemplated abortion or in seeking a waiver from the circuit court, the county department shall provide assistance, including, if so requested, accompanying the minor as appropriate.
SECTION 252. 46.247 of the statutes is renumbered 49.345 (14) (g) and amended to read:
49.345 (14) (g) Application of child support standard for certain children. For purposes of determining child support under s. 46.10 (14) par. (b), the department shall promulgate rules related to the application of the standard established by the department of workforce development 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 253. 46.261 (title) of the statutes is renumbered 48.645 (title).
SECTION 254. 46.261 (1) of the statutes is renumbered 48.645 (1).
SECTION 255. 46.261 (2) (title) of the statutes is renumbered 48.645 (2) (title).
SECTION 256. 46.261 (2) (a) (intro.) of the statutes is renumbered 48.645 (2) (a) (intro.).
SECTION 257. 46.261 (2) (a) 1. of the statutes is renumbered 48.645 (2) (a) 1. and amended to read:
48.645 (2) (a) 1. A nonrelative who cares for the dependent child in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625, a subsidized guardian or interim caretaker under s. 48.62 (5) who cares for the dependent child, or a minor custodial parent who cares for the dependent child, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 48.569 (2) and the percentage rate of participation set forth in s. 46.495 48.569 (1) (d) for aid granted under this section except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or, 46.22, or 46.23 or the department under s. 48.48 (17) shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.
SECTION 258. 46.261 (2) (a) 2. of the statutes is renumbered 48.645 (2) (a) 2. and amended to read:
48.645 (2) (a) 2. A county or, in a county having a population of 500,000 or more, the department, on behalf of a child in the legal custody of a county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or on behalf of a child who was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason when such the child is placed in a licensed child caring institution residential care center for children and youth by the county department or the department. Reimbursement shall be made by the state pursuant to as provided in subd. 1.
SECTION 259. 46.261 (2) (a) 3. of the statutes is renumbered 48.645 (2) (a) 3. and amended to read:
48.645 (2) (a) 3. A county or, in a county having a population of 500,000 or more, the department, when the child is placed in a licensed foster home, treatment foster home, group home, or residential care center for children and youth or in a subsidized guardianship home by a licensed child welfare agency or by a federally recognized American Indian tribal governing body in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or if the child was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made pursuant to under an agreement with the county department or the department.
SECTION 260. 46.261 (2) (a) 4. of the statutes is renumbered 48.645 (2) (a) 4. and amended to read:
48.645 (2) (a) 4. A licensed foster home, treatment foster home, group home, or residential care center for children and youth or a subsidized guardianship home when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body, or when the child was part of the state's direct service case load and was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department.
SECTION 261. 46.261 (2) (b) of the statutes is renumbered 48.645 (2) (b).
SECTION 262. 46.261 (3) of the statutes is renumbered 48.645 (3).
SECTION 263. 46.28 (1) (f) of the statutes is amended to read:
46.28 (1) (f) "Victim of domestic abuse" means an individual who has encountered domestic abuse, as defined in s. 46.95 49.165 (1) (a).
SECTION 264. 46.30 (title) of the statutes is renumbered 49.265 (title).
SECTION 265. 46.30 (1) of the statutes is renumbered 49.265 (1).
SECTION 266. 46.30 (2) of the statutes is renumbered 49.265 (2).
SECTION 267. 46.30 (3) (title) of the statutes is renumbered 49.265 (3) (title).
SECTION 268. 46.30 (3) (a) (intro.) of the statutes is renumbered 49.265 (3) (a) (intro.).
SECTION 269. 46.30 (3) (a) 1. of the statutes is renumbered 49.265 (3) (a) 1.
SECTION 270. 46.30 (3) (a) 2. of the statutes is renumbered 49.265 (3) (a) 2.
SECTION 271. 46.30 (3) (a) 3. of the statutes is renumbered 49.265 (3) (a) 3.
SECTION 272. 46.30 (3) (a) 4. of the statutes is renumbered 49.265 (3) (a) 4.
SECTION 273. 46.30 (3) (a) 5. of the statutes is renumbered 49.265 (3) (a) 5.
SECTION 274. 46.30 (3) (a) 6. of the statutes is renumbered 49.265 (3) (a) 6.
SECTION 275. 46.30 (3) (a) 7. of the statutes is renumbered 49.265 (3) (a) 7.
SECTION 276. 46.30 (3) (a) 8. of the statutes is renumbered 49.265 (3) (a) 8. and amended to read:
49.265 (3) (a) 8. Appoint a representative or representatives to the citizen advisory committee under s. 46.031 49.325 (3) (a), in order to participate in developing and implementing programs designed to serve the poor.
SECTION 277. 46.30 (3) (b) of the statutes is renumbered 49.265 (3) (b).
SECTION 278. 46.30 (4) (title) of the statutes is renumbered 49.265 (4) (title).
SECTION 279. 46.30 (4) (a) of the statutes is renumbered 49.265 (4) (a) and amended to read:
49.265 (4) (a) The department shall distribute the federal community services block grant funds received under 42 USC 9903 and deposited in the appropriations under s. 20.435 (3) 20.437 (1) (mc) and (md).
SECTION 280. 46.30 (4) (b) of the statutes is renumbered 49.265 (4) (b).
SECTION 281. 46.30 (4) (c) of the statutes is renumbered 49.265 (4) (c).
SECTION 282. 46.30 (4) (d) of the statutes is renumbered 49.265 (4) (d).
SECTION 283. 46.30 (5) of the statutes is renumbered 49.265 (5).
SECTION 284. 46.40 (1) (a) of the statutes is amended to read:
46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute funds for community social, mental health, developmental disabilities, and alcohol and other drug abuse services and for services under ss. 46.51, 46.87, 46.985, and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437 and to county aging units, as provided in subs. (2), (2m), and (7) to (9).
SECTION 285. 46.40 (1) (b) of the statutes is renumbered 48.563 (1) (b) and amended to read:
48.563 (1) (b) Notwithstanding s. 46.49 48.568, if the department receives any federal moneys under 42 USC 670 to 679a in reimbursement of moneys allocated under par. (a) for the provision of foster care, the department shall distribute those federal moneys for services and projects to assist children and families and for the purposes specified in s. 46.46 48.567.
SECTION 286. 46.40 (1) (c) of the statutes is renumbered 48.563 (1) (c) and amended to read:
48.563 (1) (c) The Milwaukee County department of social services shall report to the department in a manner specified by the department on all children under the supervision of the Milwaukee County department of social services who are placed in foster homes and whose foster parents receive funding for child care from the amounts distributed under par. (a) so that the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the amounts expended by the Milwaukee County department of social services for the provision of child care for those children. Notwithstanding s. 46.49 48.568, if the department receives any federal moneys under 42 USC 670 to 679a in reimbursement of the amounts expended by the Milwaukee County department of social services for the provision of child care for children in foster care in 1996 and 1997, the department shall distribute those federal moneys to the Milwaukee County department of social services for the provision of child care for children in foster care.
SECTION 287. 46.40 (1) (d) of the statutes is amended to read:
46.40 (1) (d) If the department of health and family services receives any federal moneys under 42 USC 1396 to 1396v in reimbursement of the cost of preventing out-of-home placements of children, the department of health and family services shall transfer those moneys to the department of children and families, and the department of children and families shall use those moneys as the first source of moneys used to meet the amount of the allocation under sub. s. 48.563 (2) that is budgeted from federal funds.
SECTION 288. 46.40 (2) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
46.40 (2) BASIC COUNTY ALLOCATION. Subject to sub. (9), for social services under s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not more than $242,421,500 $176,255,400 in each fiscal year.
****NOTE: This is reconciled s. 46.40 (2). This SECTION has been affected by drafts with the following LRB numbers: -0258 and -1261.
SECTION 289. 46.40 (3) of the statutes is renumbered 48.563 (3) and amended to read:
48.563 (3) TRIBAL CHILD CARE. For child care services under 42 USC 9858, the department shall distribute not more than $412,800 in each fiscal year from the appropriation account under s. 20.435 (7) 20.437 (1) (b) to federally recognized American Indian tribes or bands. A tribe or band that receives funding under this subsection shall use that funding to provide child care for an eligible child, as defined in 42 USC 9858n (4).
SECTION 290. 46.40 (7m) of the statutes is renumbered 48.563 (7m) and amended to read:
48.563 (7m) USE BY COUNTY OF COMMUNITY CHILDREN AND FAMILY AIDS FUNDS TO PAY PRIVATE ATTORNEYS FOR CERTAIN PROCEEDINGS UNDER THE CHILDREN'S CODE. Upon application by a county department under s. 46.215, 46.22, or 46.23 to the department for permission to use funds allocated to that county department under sub. (2) to employ private counsel for the purposes specified in this subsection and a determination by the department that use of funds for those purposes does not affect any federal grants or federal funding allocated under this section, the department and the county department shall execute a contract authorizing the county department to expend, as agreed upon in the contract, funds allocated to that county department under sub. (2) to permit the county department to employ private counsel to represent the interests of the state or county in proceedings under ch. 48 this chapter relating to child abuse or neglect cases, unborn child abuse cases, proceedings to terminate, termination of parental rights, and any ch. 48 cases or proceedings involving the Indian child welfare act Child Welfare Act, 25 USC 1901 to 1963.
SECTION 291. 46.45 (2) (a) of the statutes is renumbered 48.565 (2) (a) and amended to read:
48.565 (2) (a) Subject to par. (am), if on December 31 of any year there remains unspent or unencumbered in the allocation under s. 46.40 48.563 (2) an amount that exceeds the amount received under 42 USC 670 to 679a and allocated under s. 46.40 48.563 (2) in that year, the department shall carry forward the excess moneys and distribute not less than 50% of the excess moneys to counties having a population of less than 500,000 that are making a good faith effort, as determined by the department, to comply with s. 46.22 (1) (c) 8. f. for services and projects to assist children and families, notwithstanding the percentage limit specified in sub. (3) (a). A county shall use not less than 50% of the moneys distributed to the county under this subsection for services for children who are at risk of abuse or neglect to prevent the need for child abuse and neglect intervention services, except that in the calendar year in which a county achieves compliance with s. 46.22 (1) (c) 8. f. and in the 2 calendar years after that calendar year the county may use 100% of the moneys distributed under this paragraph to reimburse the department for the costs of achieving that compliance. If a county does not comply with s. 46.22 (1) (c) 8. f. before July 1, 2005, the department may recover any amounts distributed to that county under this paragraph after June 30, 2001, by billing the county or deducting from that county's allocation under s. 46.40 48.563 (2). All moneys received by the department under this paragraph shall be credited to the appropriation account under s. 20.435 (3) 20.437 (1) (j).
SECTION 292. 46.45 (2) (am) of the statutes is renumbered 48.565 (2) (am) and amended to read:
48.565 (2) (am) If on December 31 of any year a county is not using the centralized unit contracted for under s. 46.03 48.47 (7) (h) for determining whether the cost of providing care for a child is eligible for reimbursement under 42 USC 670 to 679a, the department shall reduce that county's distribution under par. (a) by 50%.
SECTION 293. 46.45 (2) (b) of the statutes is renumbered 48.565 (2) (b).
SECTION 294. 46.45 (2) (c) of the statutes is renumbered 48.565 (2) (c) and amended to read:
48.565 (2) (c) The department shall credit to the appropriation account under s. 20.435 (8) (mb) 20.437 (3) (mp) any moneys carried forward under par. (a), but not distributed to counties, and may expend those moneys as provided in s. 46.46 48.567.
SECTION 295. 46.45 (3) (a) of the statutes is amended to read:
46.45 (3) (a) Except as provided in par. (b), at the request of a county, tribal governing body, or private nonprofit organization, the department shall carry forward up to 3% of the total amount allocated to the county, tribal governing body, or nonprofit organization for a calendar year, not including the amount allocated to the county under s. 46.40 (7), which amount may be carried forward as provided in par. (c). All funds carried forward for a tribal governing body or nonprofit organization, all federal child welfare funds under 42 USC 620 to 626, and all funds allocated under s. 46.40 (2m) carried forward for a county shall be used for the purpose for which the funds were originally allocated. Other funds carried forward under this paragraph may be used for any purpose under s. 20.435 (7) (b), except that a county may not use any funds carried forward under this paragraph for administrative or staff costs. An allocation of carried-forward funding under this paragraph does not affect a county's base allocations under s. 46.40 (2), (2m), (8), and (9).
SECTION 296. 46.46 (1) of the statutes is amended to read:
46.46 (1) From the appropriation account under s. 20.435 (8) (mb), the department shall support costs that are exclusively related to the ongoing and recurring operational costs of augmenting the amount of moneys received under 42 USC 670 to 679a, 42 USC 1395 to 1395ddd, and 42 USC 1396 to 1396v and to any other purpose provided for by the legislature by law or in budget determinations and shall distribute moneys to counties as provided in sub. (1g). In addition, the department may expend moneys from the appropriation account under s. 20.435 (8) (mb) as provided in subs. (1m) and sub. (2).
SECTION 297. 46.46 (1m) of the statutes is renumbered 48.567 (1m) and amended to read:
