SB1, s. 1815
9Section
1815. 51.20 (3) of the statutes is amended to read:
SB1,807,1610
51.20
(3) Legal counsel. At the time of the filing of the petition the court shall
11assure that the subject individual is represented by adversary counsel
. If the
12individual claims or appears to be indigent, the court shall refer the person to the
13authority for indigency determinations specified under s. 977.07 (1). If the
14individual is a child, the court shall refer that child by referring the individual to the
15state public defender
, who shall appoint counsel for the
child individual without a
16determination of indigency, as provided in s.
48.23 (4) 51.60.
SB1, s. 1816
17Section
1816. 51.20 (18) (c) of the statutes is amended to read:
SB1,807,2418
51.20
(18) (c) Expenses of the proceedings from the presentation of the
19statement of emergency detention or petition for commitment to the conclusion of the
20proceeding shall be allowed by the court and paid by the county from which the
21subject individual is detained, committed
, or released, in the manner that the
22expenses of a criminal prosecution are paid, as provided in s. 59.64 (1).
Payment of
23attorney fees for appointed attorneys in the case of children and indigents shall be
24in accordance with ch. 977.
SB1, s. 1817
25Section
1817. 51.30 (4) (b) 27. of the statutes is amended to read:
SB1,808,3
151.30
(4) (b) 27. For the purpose of entering information concerning the subject
2individual into the statewide automated child welfare information system
3established under s.
46.03 48.47 (7g).
SB1, s. 1818
4Section
1818. 51.35 (1) (e) 1. of the statutes is amended to read:
SB1,808,135
51.35
(1) (e) 1. Whenever any transfer between different treatment facilities
6results in a greater restriction of personal freedom for the patient and whenever the
7patient is transferred from outpatient to inpatient status, the department or the
8county department specified under par. (a) shall inform the patient both orally and
9in writing of his or her right to contact an attorney and a member of his or her
10immediate family, the right to have counsel provided at public expense, as provided
11under s.
967.06 and ch. 977, if the patient is a child or is indigent 51.60, and the right
12to petition a court in the county in which the patient is located or the committing
13court for a review of the transfer.
SB1, s. 1819
14Section
1819. 51.35 (1) (e) 2. c. of the statutes is amended to read:
SB1,808,1615
51.35
(1) (e) 2. c. The patient's right to have counsel provided at public expense,
16as provided under s.
967.06 and ch. 977, if the patient is a child or is indigent 51.60.
SB1, s. 1820
17Section
1820. 51.42 (3) (as) 1. of the statutes is amended to read:
SB1,809,1818
51.42
(3) (as) 1. A county department of community programs shall authorize
19all care of any patient in a state, local
, or private facility under a contractual
20agreement between the county department of community programs and the facility,
21unless the county department of community programs governs the facility. The need
22for inpatient care shall be determined by the program director or designee in
23consultation with and upon the recommendation of a licensed physician trained in
24psychiatry and employed by the county department of community programs or its
25contract agency. In cases of emergency, a facility under contract with any county
1department of community programs shall charge the county department of
2community programs having jurisdiction in the county where the patient is found.
3The county department of community programs shall reimburse the facility for the
4actual cost of all authorized care and services less applicable collections under s.
546.036, unless the department of health and family services determines that a
6charge is administratively infeasible, or unless the department of health and family
7services, after individual review, determines that the charge is not attributable to the
8cost of basic care and services. Except as provided in subd. 1m., a county department
9of community programs may not reimburse any state institution or receive credit for
10collections for care received
therein in a state institution by nonresidents of this
11state, interstate compact clients, transfers under s. 51.35 (3),
and transfers from
12Wisconsin state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977
13stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06 or admissions under s.
14975.17, 1977 stats., or children placed in the guardianship of the department of
15health and family services children and families under s. 48.427 or 48.43 or under
16the supervision of the department of corrections under s. 938.183 or 938.355. The
17exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs
which 18that are attributable to care and treatment of the client.
SB1, s. 1821
19Section
1821. 51.42 (3) (e) of the statutes is amended to read:
SB1,810,920
51.42
(3) (e)
Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78
21(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3)
22(c) and 938.78 (2) (a), any subunit of a county department of community programs
23or tribal agency acting under this section may exchange confidential information
24about a client, without the informed consent of the client, with any other subunit of
25the same county department of community programs or tribal agency, with a
1resource center, a care management organization, or a
family long-term care
2district, or with any person providing services to the client under a purchase of
3services contract with the county department of community programs or tribal
4agency or with a resource center, care management organization, or
family 5long-term care district, if necessary to enable an employee or service provider to
6perform his or her duties, or to enable the county department of community
7programs or tribal agency to coordinate the delivery of services to the client. Any
8agency releasing information under this paragraph shall document that a request
9was received and what information was provided.
SB1, s. 1821m
10Section 1821m. 51.423 (2) of the statutes is amended to read:
SB1,811,311
51.423
(2) From the appropriations under s. 20.435 (7) (b) and (o), the
12department shall distribute the funding for services provided or purchased by county
13departments under s. 46.23, 51.42, or 51.437 to such county departments as provided
14under s. 46.40. County matching funds are required for the distributions under s.
1546.40 (2) and (9) (b). Each county's required match for the distributions under s.
1646.40 (2) for a year equals 9.89% of the total of the county's distributions under s.
1746.40 (2) for that year for which matching funds are required plus the amount the
18county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile
19delinquency-related services from its distribution for 1987. Each county's required
20match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that
21county's amounts described in s. 46.40 (9)
(a) (ar) (intro.) for that year. Matching
22funds may be from county tax levies, federal and state revenue sharing funds, or
23private donations to the counties that meet the requirements specified in sub. (5).
24Private donations may not exceed 25% of the total county match. If the county match
25is less than the amount required to generate the full amount of state and federal
1funds distributed for this period, the decrease in the amount of state and federal
2funds equals the difference between the required and the actual amount of county
3matching funds.
SB1, s. 1822
4Section
1822. 51.437 (4r) (b) of the statutes is amended to read:
SB1,811,195
51.437
(4r) (b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83,
651.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), any
7subunit of a county department of developmental disabilities services or tribal
8agency acting under this section may exchange confidential information about a
9client, without the informed consent of the client, with any other subunit of the same
10county department of developmental disabilities services or tribal agency, with a
11resource center, a care management organization, or a
family long-term care
12district, or with any person providing services to the client under a purchase of
13services contract with the county department of developmental disabilities services
14or tribal agency or with a resource center, a care management organization, or a
15family long-term care district, if necessary to enable an employee or service provider
16to perform his or her duties, or to enable the county department of developmental
17disabilities services or tribal agency to coordinate the delivery of services to the
18client. Any agency releasing information under this paragraph shall document that
19a request was received and what information was provided.
SB1, s. 1823
20Section
1823. 51.437 (4rm) (a) of the statutes is amended to read:
SB1,812,2321
51.437
(4rm) (a) A county department of developmental disabilities services
22shall authorize all care of any patient in a state, local
, or private facility under a
23contractual agreement between the county department of developmental disabilities
24services and the facility, unless the county department of developmental disabilities
25services governs the facility. The need for inpatient care shall be determined by the
1program director or designee in consultation with and upon the recommendation of
2a licensed physician trained in psychiatry and employed by the county department
3of developmental disabilities services or its contract agency prior to the admission
4of a patient to the facility except in the case of emergency services. In cases of
5emergency, a facility under contract with any county department of developmental
6disabilities services shall charge the county department of developmental
7disabilities services having jurisdiction in the county where the individual receiving
8care is found. The county department of developmental disabilities services shall
9reimburse the facility, except as provided under par. (c), for the actual cost of all
10authorized care and services less applicable collections under s. 46.036, unless the
11department of health and family services determines that a charge is
12administratively infeasible, or unless the department of health and family services,
13after individual review, determines that the charge is not attributable to the cost of
14basic care and services. The exclusionary provisions of s. 46.03 (18) do not apply to
15direct and indirect costs which are attributable to care and treatment of the client.
16County departments of developmental disabilities services may not reimburse any
17state institution or receive credit for collections for care received
therein in a state
18institution by nonresidents of this state, interstate compact clients, transfers under
19s. 51.35 (3) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats.,
20or s. 971.14, 971.17 or 975.06, admissions under s. 975.17, 1977 stats., children
21placed in the guardianship of the department of
health and family services children
22and families under s. 48.427 or 48.43 or juveniles under the supervision of the
23department of corrections under s. 938.183 or 938.355.
SB1, s. 1824b
24Section 1824b. 51.437 (14) (i) of the statutes is created to read:
SB1,813,5
151.437
(14) (i) Ensure that the matching-funds requirement for the state
2developmental disabilities councils grant, as received from the federal department
3of health and human services, is met by reporting to the federal department of health
4and human services expenditures made for the provision of developmental
5disabilities services under the basic county allocation distributed under s. 46.40 (2).
SB1, s. 1827
6Section
1827. 51.45 (12) (b) (intro.), 1. and 3. of the statutes are consolidated,
7renumbered 51.45 (12) (b) and amended to read:
SB1,813,148
51.45
(12) (b) The physician, spouse, guardian
, or a relative of the person
9sought to be committed, or any other responsible person, may petition a circuit court
10commissioner or the circuit court of the county in which the person sought to be
11committed resides or is present for commitment under this subsection. The petition
12shall
: 1. State state facts to support the need for emergency treatment
; 3. Be
and
13be supported by one or more affidavits
which
that aver with particularity the factual
14basis for the allegations contained in the petition.
SB1, s. 1828
15Section
1828. 51.45 (12) (b) 2. of the statutes is repealed.
SB1, s. 1829
16Section
1829. 51.45 (12) (c) 2. of the statutes is amended to read:
SB1,813,2217
51.45
(12) (c) 2. Assure that the person sought to be committed is represented
18by counsel
and, if the person claims or appears to be indigent, refer the person to the
19authority for indigency determinations specified under s. 977.07 (1) or, if the person
20is a child, refer that child by referring the person to the state public defender
, who
21shall appoint counsel for the
child person without a determination of indigency, as
22provided in s.
48.23 (4) 51.60.
SB1, s. 1830
23Section
1830. 51.45 (13) (b) 2. of the statutes is amended to read:
SB1,814,624
51.45
(13) (b) 2. Assure that the person is represented by counsel
and, if the
25person claims or appears to be indigent, refer the person to the authority for
1indigency determinations specified under s. 977.07 (1) or, if the person is a child, refer
2that child by referring the person to the state public defender
, who shall appoint
3counsel for the
child person without a determination of indigency, as provided in s.
448.23 (4) 51.60. The person shall be represented by counsel at the preliminary
5hearing under par. (d). The person may, with the approval of the court, waive his or
6her right to representation by counsel at the full hearing under par. (f).
SB1, s. 1831
7Section
1831. 51.45 (13) (d) of the statutes is amended to read:
SB1,814,218
51.45
(13) (d) Whenever it is desired to involuntarily commit a person, a
9preliminary hearing shall be held under this paragraph. The purpose of the
10preliminary hearing shall be to determine if there is probable cause for believing that
11the allegations of the petition under par. (a) are true. The
court shall assure that the 12person
shall be is represented by counsel at the preliminary hearing
and, if the
13person is a child or is indigent, by referring the person to the state public defender,
14who shall appoint counsel
shall timely be appointed at public expense, as provided
15in s. 967.06 and ch. 977 for the person without a determination of indigency, as
16provided in s. 51.60. Counsel shall have access to all reports and records, psychiatric
17and otherwise, which have been made prior to the preliminary hearing. The person
18shall be present at the preliminary hearing and shall be afforded a meaningful
19opportunity to be heard. Upon failure to make a finding of probable cause under this
20paragraph, the court shall dismiss the petition and discharge the person from the
21custody of the county department.
SB1, s. 1832
22Section
1832. 51.45 (13) (j) of the statutes is amended to read:
SB1,815,623
51.45
(13) (j) Upon the filing of a petition for recommitment under par. (h), the
24court shall fix a date for a recommitment hearing within 10 days
, and assure that the
25person sought to be recommitted is represented by counsel
and, if the person is
1indigent, appoint by referring the person to the state public defender, who shall
2appoint counsel for
him or her, unless waived
for the person without a determination
3of indigency, as provided in s. 51.60. The provisions of par. (e) relating to notice and
4to access to records, names of witnesses
, and summaries of their testimony shall
5apply to recommitment hearings under this paragraph. At the recommitment
6hearing, the court shall proceed as provided under pars. (f) and (g).
SB1, s. 1833
7Section
1833. 51.45 (16) (c) of the statutes is repealed.
SB1, s. 1834
8Section
1834. 51.60 of the statutes is created to read:
SB1,815,13
951.60 Appointment of counsel. (1) Adults. (a) In any situation under this
10chapter in which an adult individual has a right to be represented by counsel, the
11individual shall be referred as soon as practicable to the state public defender, who
12shall appoint counsel for the individual under s. 977.08 without a determination of
13indigency.
SB1,815,1514
(b) Except as provided in s. 51.45 (13) (b) 2., par. (a) does not apply if the
15individual knowingly and voluntarily waives counsel.
SB1,815,18
16(2) Minors. In any situation under this chapter in which a minor has a right
17to be represented by counsel, counsel for the minor shall be appointed as provided
18in s. 48.23 (4).
SB1,815,21
19(3) Retained counsel. Notwithstanding subs. (1) and (2), an individual subject
20to proceedings under this chapter is entitled to retain counsel of his or her own
21choosing at his or her own expense.
SB1, s. 1835
22Section
1835. 51.605 of the statutes is created to read:
SB1,816,7
2351.605 Reimbursement for counsel provided by the state. (1) Inquiry. 24At or after the conclusion of a proceeding under this chapter in which the state public
25defender has provided counsel for an adult individual, the court may inquire as to
1the individual's ability to reimburse the state for the costs of representation. If the
2court determines that the individual is able to make reimbursement for all or part
3of the costs of representation, the court may order the individual to reimburse the
4state an amount not to exceed the maximum amount established by the public
5defender board under s. 977.075 (4). Upon the court's request, the state public
6defender shall conduct a determination of indigency under s. 977.07 and report the
7results of the determination to the court.
SB1,816,14
8(2) Payment. Reimbursement ordered under this section shall be made to the
9clerk of courts of the county where the proceedings took place. The clerk of courts
10shall transmit payments under this section to the county treasurer, who shall deposit
1125 percent of the payment amount in the county treasury and transmit the
12remainder to the secretary of administration. Payments transmitted to the
13secretary of administration shall be deposited in the general fund and credited to the
14appropriation account under s. 20.550 (1) (L).
SB1,816,18
15(3) Report. By January 31st of each year, the clerk of courts for each county
16shall report to the state public defender the total amount of reimbursements ordered
17under sub. (1) in the previous calendar year and the total amount of reimbursements
18paid to the clerk under sub. (2) in the previous year.
SB1, s. 1835c
19Section 1835c. 51.62 (3m) of the statutes is amended to read:
SB1,816,2320
51.62
(3m) Funding. From the appropriation under s. 20.435 (7) (md), the
21department
may not shall distribute
more than $75,000 in each fiscal year to the
22protection and advocacy agency for performance of community mental health
23protection and advocacy services.
SB1, s. 1836
24Section
1836. 55.10 (4) (a) of the statutes is amended to read:
SB1,817,19
155.10
(4) (a)
Counsel; costs. The individual sought to be protected has the right
2to counsel whether or not the individual is present at the hearing on the petition.
3The court shall require representation by full legal counsel whenever the petition
4alleges that the individual is not competent to refuse psychotropic medication under
5s. 55.14, the individual sought to be protected requested such representation at least
672 hours before the hearing, the guardian ad litem or any other person states that
7the individual sought to be protected is opposed to the petition, or the court
8determines that the interests of justice require it. If the individual sought to be
9protected or any other person on his or her behalf requests but is unable to obtain
10legal counsel, the court shall
appoint refer the individual to the state public defender
11as provided under s. 55.105 for appointment of legal counsel.
Counsel shall be
12provided at public expense, as provided under s. 967.06 and ch. 977, if the individual
13is indigent. If the individual sought to be protected is an adult who is indigent, and
14if counsel was not appointed under s. 977.08, the county in which the hearing is held
15is liable for any fees due the individual's legal counsel. If the individual sought to
16be protected is represented by counsel appointed under s. 977.08 in a proceeding for
17the appointment of a guardian under
s. 880.33 ch. 54, the court shall order the
18counsel appointed under s. 977.08 to represent under this section the individual
19sought to be protected.
SB1, s. 1837
20Section
1837. 55.105 of the statutes is created to read:
SB1,817,25
2155.105 Appointment of counsel. (1) In any situation under this chapter in
22which an adult individual has a right to be represented by legal counsel, the
23individual shall be referred as soon as practicable to the state public defender, who
24shall appoint counsel for the individual under s. 977.08 without a determination of
25indigency.
SB1,818,3
1(2) In any situation under this chapter in which a minor has a right to be
2represented by legal counsel, legal counsel for the minor shall be appointed as
3provided in s. 48.23 (4).
SB1,818,6
4(3) Notwithstanding subs. (1) and (2), an individual subject to proceedings
5under this chapter is entitled to retain counsel of his or her own choosing at his or
6her own expense.
SB1, s. 1838
7Section
1838. 55.107 of the statutes is created to read:
SB1,818,17
855.107 Reimbursement of counsel provided by the state. (1) At or after
9the conclusion of a proceeding under this chapter in which the state public defender
10has provided legal counsel for an adult individual, the court may inquire as to the
11individual's ability to reimburse the state for the costs of representation. If the court
12determines that the individual is able to make reimbursement for all or part of the
13costs of representation, the court may order the individual to reimburse the state an
14amount not to exceed the maximum amount established by the public defender board
15under s. 977.075 (4). Upon the court's request, the state public defender shall
16conduct a determination of indigency under s. 977.07 and report the results of the
17determination to the court.
SB1,818,24
18(2) Reimbursement ordered under this section shall be made to the clerk of
19courts of the county where the proceedings took place. The clerk of courts shall
20transmit payments under this section to the county treasurer, who shall deposit 25
21percent of the payment amount in the county treasury and transmit the remainder
22to the secretary of administration. Payments transmitted to the secretary of
23administration shall be deposited in the general fund and credited to the
24appropriation account under s. 20.550 (1) (L).
SB1,819,4
1(3) By January 31st of each year, the clerk of courts for each county shall report
2to the state public defender the total amount of reimbursements ordered under sub.
3(1) in the previous calendar year and the total amount of reimbursements paid to the
4clerk under sub. (2) in the previous year.
SB1, s. 1839
5Section
1839. 55.135 (1) of the statutes is amended to read:
SB1,820,26
55.135
(1) If,
upon a credible report to or, from personal observation of, or a
7reliable report made by a person who identifies himself or herself to, a sheriff, police
8officer, fire fighter, guardian, if any, or authorized representative of a county
9department or an agency with which it contracts under s. 55.02 (2), it appears
10probable that an individual is so totally incapable of providing for his or her own care
11or custody as to create a substantial risk of serious physical harm to himself or herself
12or others as a result of developmental disabilities, degenerative brain disorder,
13serious and persistent mental illness, or other like incapacities if not immediately
14placed, the individual
under this paragraph who received the credible report or who
15personally made the observation or to whom the report is made may take into custody
16and transport the individual to an appropriate medical or protective placement
17facility. The person making emergency protective placement shall prepare a
18statement at the time of detention providing specific factual information concerning
19the person's observations or reports made to the person and the basis for emergency
20placement. The statement shall be filed with the director of the facility and with any
21petition under s. 55.075. At the time of emergency protective placement the
22individual shall be informed by the director of the facility or the director's designee,
23orally and in writing, of his or her right to contact an attorney and a member of his
24or her immediate family and the right to have an attorney provided at public
25expense, as provided under
s. 967.06 and ch. 977, if the individual is a minor or is
1indigent s. 55.105. The director or designee shall also provide the individual with
2a copy of the statement by the person making emergency protective placement.
SB1, s. 1840
3Section
1840. 55.14 (7) of the statutes is amended to read:
SB1,820,74
55.14
(7) Upon the filing of a petition under this section, the court shall
appoint 5make a referral for appointment of legal counsel
as provided under s. 55.105. A
6petition under this section shall be heard
under s. 55.10 (4) (a) s. 55.06 within 30 days
7after it is filed.
SB1, s. 1841
8Section
1841. 55.15 (7) (cm) of the statutes is amended to read:
SB1,820,129
55.15
(7) (cm) The court shall
appoint counsel for refer the individual under
10protective placement
for appointment of legal counsel as provided under s. 55.105 if
11the individual, the individual's guardian ad litem, or anyone on the individual's
12behalf requests that counsel be appointed for the individual
,.
SB1, s. 1842
13Section
1842. 55.18 (3) (c) (intro.) of the statutes is amended to read:
SB1,820,1714
55.18
(3) (c) (intro.) The court shall
order legal counsel for refer an individual
15and, if the individual appears to be indigent, refer him or her to the authority for
16indigency determinations under s. 977.07 (1) for appointment of legal counsel under
17s. 55.105 if any of the following apply:
SB1, s. 1843
18Section
1843. 55.19 (3) (c) (intro.) of the statutes is amended to read:
SB1,820,2219
55.19
(3) (c) (intro.) The court shall
order legal counsel for refer an individual
20and, if the individual appears to be indigent, refer him or her to the authority for
21indigency determinations under s. 977.07 (1) for appointment of legal counsel under
22s. 55.105 if any of the following apply:
SB1, s. 1844
23Section
1844. 59.22 (2) (c) 2. of the statutes is amended to read:
SB1,821,324
59.22
(2) (c) 2. No action of the board may be contrary to or in derogation of the
25rules of the department of
workforce development
children and families under s.
149.78 (4) to (7) relating to employees administering old-age assistance, aid to
2families with dependent children, aid to the blind, or aid to totally and permanently
3disabled persons or ss. 63.01 to 63.17.
SB1, s. 1845
4Section
1845. 59.40 (2) (p) of the statutes is amended to read:
SB1,821,95
59.40
(2) (p) Cooperate with the department of
workforce development children
6and families with respect to the child and spousal support and establishment of
7paternity and medical support liability program under ss. 49.22 and 59.53 (5), and
8provide that department with any information from court records which it requires
9to administer that program.
SB1, s. 1846
10Section
1846. 59.52 (4) (a) 18. of the statutes is amended to read:
SB1,821,2111
59.52
(4) (a) 18. Case records and other record material of all public assistance
12that are kept as required under ch. 49, if no payments have been made for at least
133 years and if a face sheet or similar record of each case and a financial record of all
14payments for each aid account are preserved in accordance with rules adopted by the
15department of health and family services or by the department of
workforce
16development children and families. If the department of health and family services
17or the department of
workforce development children and families has preserved
18such case records and other record material on computer disc or tape or similar
19device, a county may destroy the original records and record material under rules
20adopted by the department that has preserved those case records or other record
21material.
SB1, s. 1847
22Section
1847. 59.53 (3) of the statutes is amended to read:
SB1,821,2423
59.53
(3) Community action agencies. The board may appropriate funds for
24promoting and assisting any community action agency under s.
46.30 49.265.
SB1, s. 1848
25Section
1848
. 59.53 (5) (a) of the statutes is amended to read:
SB1,822,16
159.53
(5) (a) The board shall contract with the department of
workforce
2development children and families to implement and administer the child and
3spousal support and establishment of paternity and the medical support liability
4programs provided for by Title IV of the federal social security act. The board may
5designate by board resolution any office, officer, board, department
, or agency, except
6the clerk of circuit court, as the county child support agency. The board or county
7child support agency shall implement and administer the programs in accordance
8with the contract with the department of
workforce development children and
9families. The attorneys responsible for support enforcement under sub. (6) (a),
10circuit court commissioners
, and all other county officials shall cooperate with the
11county and the department of
workforce development
children and families as
12necessary to provide the services required under the programs. The county shall
13charge the fee established by the department of
workforce development children and
14families under s. 49.22 for services provided under this paragraph to persons not
15receiving benefits under s. 49.148 or 49.155 or assistance under s.
46.261 48.645,
1649.19
, or 49.47.
SB1, s. 1849
17Section
1849
. 59.53 (5) (a) of the statutes, as affected by 2007 Wisconsin Act
18.... (this act), is amended to read:
SB1,823,819
59.53
(5) (a) The board shall contract with the department of children and
20families to implement and administer the child and spousal support and
21establishment of paternity and the medical support liability programs provided for
22by Title IV of the federal social security act. The board may designate by board
23resolution any office, officer, board, department or agency, except the clerk of circuit
24court, as the county child support agency. The board or county child support agency
25shall implement and administer the programs in accordance with the contract with
1the department of children and families. The attorneys responsible for support
2enforcement under sub. (6) (a), circuit court commissioners and all other county
3officials shall cooperate with the county and the department of children and families
4as necessary to provide the services required under the programs. The county shall
5charge the fee established by the department of children and families under s. 49.22
6for services provided under this paragraph to persons not receiving benefits under
7s. 49.148 or 49.155 or assistance under s. 48.645, 49.19,
or 49.46, 49.465, 49.47
,
849.471, or 49.472.
SB1, s. 1850
9Section
1850. 59.53 (5) (b) of the statutes is amended to read:
SB1,823,1910
59.53
(5) (b) The county child support agency under par. (a) shall electronically
11enter into the statewide data system related to child and spousal support payments
12that is operated by the department of
workforce development children and families 13the terms of any order made or judgment granted in the circuit court of the county
14requiring payments under s. 948.22 (7) or ch. 767 or 769 that are directed under s.
15767.57 (1) to be paid to the department of
workforce development children and
16families or its designee. The county child support agency shall enter the terms of any
17such order or judgment within the time required by federal law and shall enter
18revisions ordered by the court to any order or judgment the terms of which are
19maintained on the data system.
SB1, s. 1852
20Section
1852. 59.69 (15) (intro.) of the statutes is amended to read:
SB1,824,221
59.69
(15) Community and other living arrangements. (intro.) For purposes
22of this section, the location of a community living arrangement
for adults, as defined
23in s. 46.03 (22),
a community living arrangement for children, as defined in s. 48.743
24(1), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in
1s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1), in any municipality,
2shall be subject to the following criteria:
SB1, s. 1853
3Section
1853. 59.69 (15) (c) of the statutes is amended to read:
SB1,824,94
59.69
(15) (c)
Where If the community living arrangement has capacity for 8
5or fewer persons being served by the program, meets the criteria listed in pars. (a)
6and (b), and is licensed, operated
, or permitted under the authority of the department
7of health and family services
or the department of children and families, that facility
8is entitled to locate in any residential zone, without being required to obtain special
9zoning permission except as provided in par. (i).
SB1, s. 1854
10Section
1854. 59.69 (15) (d) of the statutes is amended to read:
SB1,824,1911
59.69
(15) (d)
Where If the community living arrangement has capacity for 9
12to 15 persons being served by the program, meets the criteria listed in pars. (a) and
13(b), and is licensed, or operated
, or permitted under the authority of the department
14of health and family services
or the department of children and families, the facility
15is entitled to locate in any residential area except areas zoned exclusively for
16single-family or 2-family residences, except as provided in par. (i), but is entitled to
17apply for special zoning permission to locate in those areas. The municipality may
18grant special zoning permission at its discretion and shall make a procedure
19available to enable such facilities to request such permission.
SB1, s. 1855
20Section
1855. 59.69 (15) (e) of the statutes is amended to read:
SB1,825,221
59.69
(15) (e)
Where If the community living arrangement has capacity for
22serving 16 or more persons, meets the criteria listed in pars. (a) and (b), and is
23licensed, operated
, or permitted under the authority of the department of health and
24family services
or the department of children and families, that facility is entitled to
25apply for special zoning permission to locate in areas zoned for residential use. The
1municipality may grant special zoning permission at its discretion and shall make
2a procedure available to enable such facilities to request such permission.
SB1, s. 1856
3Section
1856. 59.69 (15) (f) of the statutes is amended to read:
SB1,825,114
59.69
(15) (f) The department of health and family services shall designate a
5single subunit within
the that department to maintain appropriate records
6indicating the location and the capacity of each community living arrangement
for
7adults, and the information shall be available to the public.
The department of
8children and families shall designate a single subunit within that department to
9maintain appropriate records indicating the location and the capacity of each
10community living arrangement for children, and the information shall be available
11to the public.