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:
48.567 (1m) In addition to expending moneys from the appropriation account under s. 20.435 (8) (mb) 20.437 (3) (mp) for the augmentation activities specified in sub. (1), the department may expend moneys received under 42 USC 1396 to 1396v in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under 42 USC 670 to 679a and credited to the appropriation account under s. 20.435 (8) (mb) 20.437 (3) (mp) to support the counties' share of implementing the statewide automated child welfare information system under s. 46.22 (1) (c) 8. f. and to provide services to children and families under s. 48.48 (17).
SECTION 298. 46.46 (2) of the statutes is amended to read:
46.46 (2) If the department proposes to use any moneys from the appropriation account under s. 20.435 (8) (mb) for any purpose other than the purposes specified in subs. (1), (1g), and (1m) and (1g), the department shall submit a plan for the proposed use of those moneys to the secretary of administration by September 1 of the fiscal year after the fiscal year in which those moneys were received. If the secretary of administration approves the plan, he or she shall submit the plan to the joint committee on finance by October 1 of the fiscal year after the fiscal year in which those moneys were received. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan only with the approval of the committee.
SECTION 299. 46.481 (intro.) of the statutes is renumbered 48.481 (intro.) and amended to read:
48.481 Grants for children's community programs. (intro.) From the appropriation under s. 20.435 (3) 20.437 (1) (bc), the department shall distribute the following grants for children's community programs:
SECTION 300. 46.481 (1) (title) of the statutes is renumbered 48.481 (1) (title).
SECTION 301. 46.481 (1) (a) of the statutes is renumbered 48.481 (1) (a) and amended to read:
48.481 (1) (a) The department shall distribute $497,200 in each fiscal year to counties for the purpose of supplementing payments for the care of an individual who attains age 18 after 1986 and who resided in a foster home, as defined in s. 48.02 (6), or a treatment foster home, as defined in s. 48.02 (17q), for at least 2 years immediately prior to attaining age 18 and, for at least 2 years, received exceptional foster care or treatment foster care payments in order to avoid institutionalization, as provided under rules promulgated by the department, so that the individual may live in a family home or other noninstitutional situation after attaining age 18. No county may use funds provided under this paragraph to replace funds previously used by the county for this purpose.
SECTION 302. 46.481 (1) (b) of the statutes is renumbered 48.481 (1) (b).
SECTION 303. 46.481 (3) of the statutes is renumbered 48.481 (3).
SECTION 304. 46.49 (title) of the statutes is amended to read:
46.49 (title) Allocation of federal funds for community aids and child welfare.
SECTION 305. 46.49 (1) of the statutes is amended to read:
46.49 (1) Subject to s. 46.40 (1) (b) and (c), if If the department receives unanticipated federal community mental health services block grant funds under 42 USC 300x to 300x-9, or federal prevention and treatment of substance abuse block grant funds under 42 USC 300x-21 to 300x-35, or foster care and adoption assistance payments under 42 USC 670 to 679a and it if the department proposes to allocate the unanticipated funds so that an allocation limit in s. 46.40 is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limits under s. 46.40. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding s. 46.40, only with the approval of the committee.
SECTION 306. 46.495 (1) (d) of the statutes is amended to read:
46.495 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for social services, including funding for foster care, treatment foster care, or subsidized guardianship care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22, and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (8), and (9) (b). Each county's required match for the distribution under s. 46.40 (2) shall be specified in a schedule established annually by the department of health and family services. Each county's required match for the distribution under s. 46.40 (8) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (8) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.
SECTION 307. 46.51 (title) of the statutes is renumbered 48.986 (title).
SECTION 308. 46.51 (1) of the statutes is renumbered 48.986 (1) and amended to read:
48.986 (1) From the amounts distributed under s. 46.40 48.563 (1) for services for children and families, the department shall distribute funds to eligible counties for services related to child abuse and neglect and to unborn child abuse, including child abuse and neglect and unborn child abuse prevention, investigation, and treatment.
SECTION 309. 46.51 (3) of the statutes is renumbered 48.986 (3).
SECTION 310. 46.51 (4) of the statutes is renumbered 48.986 (4).
SECTION 311. 46.51 (5) of the statutes is renumbered 48.986 (5).
SECTION 312. 46.515 (title) of the statutes is renumbered 48.983 (title).
SECTION 313. 46.515 (1) (intro.) of the statutes is renumbered 48.983 (1) (intro.).
SECTION 314. 46.515 (1) (a) of the statutes is repealed.
SECTION 315. 46.515 (1) (b) (intro.) of the statutes is renumbered 48.983 (1) (b) (intro.).
SECTION 316. 46.515 (1) (b) 1. (intro.) of the statutes is renumbered 48.983 (1) (b) 1. (intro.).
SECTION 317. 46.515 (1) (b) 1. a. of the statutes is renumbered 48.983 (1) (b) 1. a.
SECTION 318. 46.515 (1) (b) 1. b. of the statutes is renumbered 48.983 (1) (b) 1. b.
SECTION 319. 46.515 (1) (b) 1. c. of the statutes is renumbered 48.983 (1) (b) 1. c. and amended to read:
48.983 (1) (b) 1. c. A family that includes a person who has contacted a county department, as defined in s. 48.02 (2g), or an Indian tribe that has been awarded a grant under this section or, in a county having a population of 500,000 or more that has been awarded a grant under this section, the department or a licensed child welfare agency under contract with the department requesting assistance to prevent abuse or neglect of a child in the person's family and with respect to which an individual responding to the request has determined that all of the conditions in subd. 2. exist.
SECTION 320. 46.515 (1) (b) 2. of the statutes is renumbered 48.983 (1) (b) 2.
SECTION 321. 46.515 (1) (c) of the statutes is repealed.
SECTION 322. 46.515 (1) (cm) of the statutes is renumbered 48.983 (1) (cm).
SECTION 323. 46.515 (1) (d) of the statutes is renumbered 48.983 (1) (d).
SECTION 324. 46.515 (1) (e) of the statutes is renumbered 48.983 (1) (e).
SECTION 325. 46.515 (1) (f) of the statutes is renumbered 48.983 (1) (f).
