SB40: Bill Text

SB40,498,24 46.02 Agency powers and duties. Any institution which that is subject to chs. 46, 48 49 to 51, 55, and 58 and to regulation under ch. 150 shall, in cases of conflict between chs. 46, 48 49 to 51, 55, and 58 and ch. 150, be governed by ch. 150. The department shall promulgate rules and establish procedures for resolving any such controversy a conflict.

SB40, s. 799 Section 799. 46.023 of the statutes is renumbered 48.562.

SB40, s. 800 Section 800. 46.03 (4) (b) of the statutes is amended to read:

SB40,499,12 46.03 (4) (b) In order to discharge more effectively its responsibilities under this chapter and ch. 48 and other relevant provisions of the statutes, be authorized to study causes and methods of prevention and treatment of mental illness, mental deficiency, mental infirmity, and related social problems, including establishment of demonstration projects to apply and evaluate such methods in actual cases. The department is directed and authorized to utilize all powers provided by the statutes, including the authority under sub. (2a), to accept grants of money or property from federal, state, or private sources, and to enlist the cooperation of other appropriate agencies and state departments. The department may enter into agreements with local government subdivisions, departments, and agencies for the joint conduct of these projects, and it may purchase services when deemed considered appropriate.

SB40, s. 801 Section 801. 46.03 (7) (a) of the statutes is amended to read:

SB40,499,21 46.03 (7) (a) Promote the enforcement of laws for the protection of developmentally disabled children, children and unborn children in need of protection or services and nonmarital children; and to this end cooperate with courts assigned to exercise jurisdiction under chs. 48 and 938, licensed child welfare agencies, and public and private institutions and take the initiative in all matters involving the interests of those children and unborn children when adequate provision for those interests has not already been made, including the establishment and enforcement of standards for services provided under ss. 48.345 and 48.347.

SB40, s. 802 Section 802. 46.03 (7) (bm) of the statutes is amended to read:

SB40,500,9 46.03 (7) (bm) Maintain a file containing records of artificial inseminations under s. 891.40, declarations of paternal interest under s. 48.025, and statements acknowledging paternity under s. 69.15 (3) (b). The department may release those records, declarations, and statements only upon an order of the court except that the department may use nonidentifying information concerning artificial inseminations for the purpose of compiling statistics, declarations of paternal interest shall be released as provided in s. 48.025 (3) (b) and (c), and statements acknowledging paternity shall be released without a court order to the department of workforce development children and families or a county child support agency under s. 59.53 (5) upon the request of that department or county child support agency pursuant to the program responsibilities under s. 49.22 or to any other person with a direct and tangible interest in the statement.

SB40, s. 803 Section 803. 46.03 (7) (c) of the statutes is repealed.

SB40, s. 804 Section 804. 46.03 (7) (cm) of the statutes is renumbered 48.47 (7) (cm).

SB40, s. 805 Section 805. 46.03 (7) (d) of the statutes is renumbered 48.47 (7) (d).

SB40, s. 806 Section 806. 46.03 (7) (e) of the statutes is repealed.

SB40, s. 807 Section 807. 46.03 (7) (f) of the statutes is renumbered 48.47 (7) (f).

SB40, s. 808 Section 808. 46.03 (7) (h) of the statutes is renumbered 48.47 (7) (h).

SB40, s. 809 Section 809. 46.03 (7g) of the statutes is renumbered 48.47 (7g) and amended to read:

SB40,501,8 48.47 (7g) Statewide automated child welfare information system. Establish a 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), the department may enter the content of any record kept or information received by the department into the statewide automated child welfare information system, and a county department under s. 46.215, 46.22, or 46.23, the department, or any other organization that has entered into an information sharing and access agreement with the department or any of those county departments and that has been approved for access to the statewide automated child welfare information system by the department may have access to information that is maintained in that system, if necessary to enable the county department, department, or organization to perform its duties under this chapter, ch. 48, 46, 51, 55, or 938, or 42 USC 670 to 679b to or to coordinate the delivery of services under this chapter, ch. 48, 46, 51, 55, or 938, or 42 USC 670 to 679b.

SB40, s. 810 Section 810. 46.03 (7m) of the statutes is renumbered 48.62 (7) and amended to read:

SB40,501,15 48.62 (7) Foster care. In each federal fiscal year, the department shall ensure that there are no more than 2,200 children in foster care and treatment foster care placements for more than 24 months, consistent with the best interests of each child. Services provided in connection with this requirement shall comply with the requirements under P.L. 96-272.

SB40, s. 811 Section 811. 46.03 (18) (a) of the statutes is amended to read:

SB40,502,5 46.03 (18) (a) Except as provided in s. 46.10 (14) (b) and (c), the department of health and family services shall establish a uniform system of fees for services provided or purchased by the department of health and family services, or a county department under s. 46.215, 46.22, 51.42 or 51.437, except for services provided under subch. III of ch. 49; services relating to adoption; services provided to courts; outreach, information and referral services; or where, as determined by the department of health and family services, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, 51.42 or 51.437 shall apply the fees which it collects under this program to cover the cost of such services. The department of health and family services shall report to the joint committee on finance no later than March 1 of each year on the number of children placed for adoption by the department of health and family services during the previous year and the costs to the state for services relating to such adoptions.

SB40, s. 812 Section 812 . 46.03 (18) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,502,17 46.03 (18) (a) Except as provided in s. 46.10 (14) (b) and (c), the department of health and family services shall establish a uniform system of fees for services provided or purchased by the department of health and family services, or a county department under s. 46.215, 46.22, 51.42, or 51.437, except for services provided under ch. 48 and subch. III of ch. 49; services relating to adoption; services provided to courts; outreach, information and referral services; or where when, as determined by the department of health and family services, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, 51.42, or 51.437 shall apply the fees which that it collects under this program to cover the cost of such those services.

SB40, s. 813 Section 813. 46.03 (18) (am) of the statutes is amended to read:

SB40,502,23 46.03 (18) (am) Paragraph (a) does not prevent the department from charging and collecting the cost of adoptive placement investigations and child care as authorized under s. 48.837 (7). Paragraph (a) also does not prevent a county department under s. 51.42 or 51.437 from charging and collecting the cost of an examination ordered under s. 938.295 (2) (a) as authorized under s. 938.295 (2) (c).

SB40, s. 814 Section 814. 46.03 (18) (ar) of the statutes is created to read:

SB40,503,3 46.03 (18) (ar) A county may retain fees that it collects under this subsection for services the county provides without state funding under the disabled children's long-term support program.

SB40, s. 815 Section 815. 46.03 (20) (a) of the statutes is amended to read:

SB40,503,10 46.03 (20) (a) Except for payments provided under ch. 48 or subch. III of ch. 49, the department may make payments directly to recipients of public assistance or to such persons authorized to receive such payments in accordance with law and rules of the department on behalf of the counties. Except for payments provided under ch. 48 or subch. III of ch. 49, the department may charge the counties for the cost of operating public assistance systems which make such payments.

SB40, s. 816 Section 816. 46.03 (22) (title) of the statutes is amended to read:

SB40,503,12 46.03 (22) (title) Community living arrangements for adults.

SB40, s. 817 Section 817. 46.03 (22) (a) of the statutes is amended to read:

SB40,503,21 46.03 (22) (a) "Community In this subsection, "community living arrangement for adults" means any of the following facilities licensed or operated, or permitted under the authority of the department: residential care centers for children and youth, as defined in s. 48.02 (15d), operated by child welfare agencies licensed under s. 48.60, group homes for children, as defined in s. 48.02 (7), and community-based residential facilities a community-based residential facility, as defined in s. 50.01 (1g); but does not include adult family homes, as defined in s. 50.01 (1), day care centers, nursing homes, general hospitals, special hospitals, prisons, and jails.

SB40, s. 818 Section 818. 46.03 (22) (b) of the statutes is amended to read:

SB40,503,25 46.03 (22) (b) Community living arrangements for adults shall be subject to the same building and housing ordinances, codes, and regulations of the municipality or county as similar residences located in the area in which the facility is located.

SB40, s. 819 Section 819. 46.03 (22) (c) of the statutes is amended to read:

SB40,504,8 46.03 (22) (c) The department shall designate a subunit to keep records and supply information on community living arrangements for adults under ss. 59.69 (15) (f), 60.63 (7), and 62.23 (7) (i) 6. The subunit shall be responsible for receiving all complaints regarding community living arrangements for adults and for coordinating all necessary investigatory and disciplinary actions under the laws of this state and under the rules of the department relating to the licensing of community living arrangements for adults.

SB40, s. 820 Section 820. 46.03 (22) (d) of the statutes is amended to read:

SB40,504,16 46.03 (22) (d) A community living arrangement for adults with a capacity for 8 or fewer persons shall be a permissible use for purposes of any deed covenant which limits use of property to single-family or 2-family residences. A community living arrangement for adults with a capacity for 15 or fewer persons shall be a permissible use for purposes of any deed covenant which limits use of property to more than 2-family residences. Covenants in deeds which expressly prohibit use of property for community living arrangements for adults are void as against public policy.

SB40, s. 821 Section 821. 46.03 (22) (e) of the statutes is amended to read:

SB40,504,25 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.

SB40, s. 822 Section 822. 46.03 (29) of the statutes is repealed.

SB40, s. 823 Section 823. 46.03 (39) of the statutes is renumbered 48.47 (39).

SB40, s. 824 Section 824. 46.031 (3) (a) of the statutes is amended to read:

SB40,505,24 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.

SB40, s. 825 Section 825. 46.034 (1) of the statutes is amended to read:

SB40,506,12 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.

SB40, s. 826 Section 826. 46.036 (1) of the statutes is amended to read:

SB40,506,23 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.

SB40, s. 827 Section 827. 46.036 (4) (a) of the statutes is amended to read:

SB40,507,11 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.

SB40, s. 828 Section 828 . 46.036 (4) (c) of the statutes is amended to read:

SB40,507,19 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 $25,000 $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.

SB40, s. 829 Section 829 . 46.036 (4) (c) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,508,3 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.

SB40, s. 830 Section 830. 46.037 of the statutes is renumbered 49.343 and amended to read:

SB40,508,11 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.

SB40,508,23 (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.

SB40,509,6 (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.

SB40,509,9 (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.

SB40, s. 831 Section 831. 46.043 (1) of the statutes is amended to read:

SB40,509,18 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.

SB40, s. 832 Section 832. 46.057 (2) of the statutes is amended to read:

SB40,510,4 46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $1,379,300 in each fiscal year 2005-06 and $1,379,300 in fiscal year 2006-07 and, from the appropriation account under s. 20.410 (3) (hm), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $2,271,200 $2,639,800 in fiscal year 2005-06 and $2,390,600 2007-08 and $2,707,300 in fiscal year 2006-07 2008-09 for services for juveniles placed at the Mendota juvenile treatment center. The department of health and family services may charge the department of corrections not more than the actual cost of providing those services.

SB40, s. 833 Section 833. 46.10 (14) (b) of the statutes is amended to read:

SB40,510,14 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).

SB40, s. 834 Section 834. 46.10 (14) (g) of the statutes is created to read:

SB40,510,22 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.

SB40, s. 835 Section 835. 46.10 (16) of the statutes is amended to read:

SB40,511,11 46.10 (16) The department shall delegate to county departments under ss. 51.42 and 51.437 or the local providers of care and services meeting the standards established by the department under s. 46.036, the responsibilities vested in the department under this section for collection of patient fees for services other than those provided at state facilities or, those provided to children that are reimbursed under a waiver under s. 46.27 (11), 46.275,, 46.278, or 46.2785, or a waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act 33, section 9124 (8c), those provided under the disabled children's long-term support program if the county departments or providers meet the conditions that the department determines are appropriate. The department may delegate to county departments under ss. 51.42 and 51.437 the responsibilities vested in the department under this section for collection of patient fees for services provided at the state facilities if the necessary conditions are met.

SB40, s. 836 Section 836. 46.16 (1) of the statutes is amended to read:

SB40,511,18 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.

SB40, s. 837 Section 837. 46.16 (2) of the statutes is repealed.

SB40, s. 838 Section 838. 46.16 (2m) of the statutes is repealed.

SB40, s. 839 Section 839. 46.16 (2s) of the statutes is repealed.

SB40, s. 840 Section 840. 46.16 (3) of the statutes is amended to read:

SB40,512,5 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.

SB40, s. 841 Section 841. 46.16 (7) of the statutes is amended to read:

SB40,512,15 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.

SB40, s. 842 Section 842. 46.17 (1) of the statutes is amended to read:

SB40,512,20 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.

SB40, s. 843 Section 843. 46.206 (1) (a) of the statutes is amended to read:

SB40,513,4 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.

SB40, s. 844 Section 844. 46.206 (1) (bm) of the statutes is amended to read:

SB40,513,17 46.206 (1) (bm) All records of the department relating to aid provided under s. 49.46, 49.465, 49.468, 49.47, 49.471, or 49.77 are open to inspection at reasonable hours by members of the legislature who require the information contained in the records in pursuit of a specific state legislative purpose. All records of any county relating to aid provided under s. 49.46, 49.465, 49.468, 49.47, 49.471, or 49.77 are open to inspection at reasonable hours by members of the board of supervisors of the county or the governing body of a city, village or town located in the county who require the information contained in the records in pursuit of a specific county or municipal legislative purpose. The right to records access provided by this paragraph does not apply if access is prohibited by federal law or regulation or if this state is required to prohibit such access as a condition precedent to participation in a federal program in which this state participates.

SB40, s. 845 Section 845. 46.206 (2) of the statutes is amended to read:

SB40,513,22 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.

SB40, s. 846 Section 846. 46.21 (2m) (c) of the statutes is amended to read: