2009 Wisconsin Act 334

334,45 Section 45 . 46.56 (6) (a) 4. of the statutes is renumbered 46.56 (6) (a) 2. c. and amended to read:

46.56 (6) (a) 2. c. Act as a resource source for information about other services and resources for children with severe disabilities who are involved in 2 or more systems of care and their families who are not eligible for the program initiative, if the coordinating committee determines that this service the service coordination agency can be provided provide the information without interfering with the primary purpose of the program initiative.

334,46 Section 46 . 46.56 (6) (b) of the statutes is amended to read:

46.56 (6) (b) The service coordinator shall have the functions specified in sub. (8) (f) to (i) (h), (n), and (r).

334,47 Section 47 . 46.56 (6) (c) of the statutes is amended to read:

46.56 (6) (c) The interdisciplinary coordinated services team shall have has the functions specified under sub. (8) (f) and, (h), and (i).

334,48 Section 48 . 46.56 (6) (cr) of the statutes is created to read:

46.56 (6) (cr) Every county and tribe that operates any initiative shall develop written policies and procedures specifying the selection process for the initiative coordinator.

334,49 Section 49. 46.56 (6) (d) of the statutes is created to read:

46.56 (6) (d) The primary responsibility of the initiative coordinator is to promote collaborative relationships between systems of care. The initiative coordinator shall do all of the following:

1. Bring together parents and relevant staff from various agencies and organizations to comprise the coordinating committee under sub. (3) (a) and (b), and support their activities, in order to ensure compliance with established policies and procedures specified in sub. (3) (d).

2. Work with the coordinating committee to maintain and support agency participation as established in the interagency agreement.

3. Work with the coordinating committee and service coordination agency to receive and review referrals.

4. Work with the coordinating committee and service coordination agency to assure provision of service coordination services for all groups of people working with the child and his or her family.

5. Guide the development of the coordinated service team working with the child and his or her family in order to ensure compliance with basic principles of the initiative core values.

6. Review plans of care, including crisis response plans, for consistency with the coordinated services team approach to providing services to a child and his or her family and core values.

7. Assist the coordinating committee and coordinated services teams in establishing consistent measures for the development, implementation, evaluation, and monitoring of the initiative and its outcomes.

8. Facilitate public education and awareness of issues and programs for children who are involved in 2 or more systems of care and their families.

9. Ensure provision of ongoing support and training that is related to the coordinated services team process for families, service coordinators, and providers and ensure orientation for coordinated services team members.

10. Support service providers in developing strategies to enhance existing programs, to increase resources, and to establish new resources relevant to project goals and objectives.

11. Ensure that local and state agencies submit data and reports in an accurate and timely manner.

12. If directed to do so by the coordinating committee, perform any of the duties set forth in sub. (3) (e).

334,50 Section 50. 46.56 (7) of the statutes is amended to read:

46.56 (7) Eligibility of children and families. Children with severe disabilities who are involved in 2 of more systems of care and their families shall be eligible for the program. The initiative, except that the coordinating committee may establish specific additional criteria for eligibility for services and may establish certain target groups of children with severe disabilities who are involved in 2 or more systems of care to receive services. If target groups are established, only children with severe disabilities falling within the target groups are eligible for may be enrolled in the program initiative. Any eligibility criteria shall meet all of the following conditions:

(a) Be based on a community assessment that identifies areas of greatest need for integrated coordinated services for children with severe disabilities.

(b) Give priority to children with severe disabilities who are at risk of placement outside the home or who are in an institution and are not receiving integrated coordinated community-based services based in the community and other resources, or who would be able to return to community placement or their homes from an institutional placement if such the services and other resources were provided.

(c) Not exclude a child with severe disabilities or that child's his or her family from services or other resources because of lack of ability to pay.

334,51 Section 51. 46.56 (8) (title) of the statutes is amended to read:

46.56 (8) (title) Referral, intake, assessment, case planning plan of care development, and service coordination.

334,52 Section 52. 46.56 (8) (a) to (g) and (h) (intro.), 2., 3., 4., 5. and 6. of the statutes are amended to read:

46.56 (8) (a) Referrals to the program initiative may come from any county departments, tribal agencies, agencies, school districts, cooperative educational service agencies, county children with disabilities education boards, technical college districts, courts assigned to exercise jurisdiction under chs. 48 and 938, tribal courts, or any other organization, or the a child with severe disabilities who is involved in 2 or more systems of care or his or her family may contact the administering agency or service coordination agency to request services and resources.

(b) Upon referral, staff from the service coordination agency or individuals designated by the coordinating committee shall screen the referral to determine if the child with severe disabilities and the child's his or her family appear to meet the eligibility criteria and any target groups group requirements established by the coordinating committee. If the child with severe disabilities and the child's his or her family appear to be eligible, the staff shall gather assist the entity that made the referral under par. (a), and the parent or parents, in gathering information from the child's family and any current service providers necessary to prepare an application for the program initiative.

(c) Consent for release of information and participation of relating to a child with severe disabilities and his or her family in the program and in the program evaluation must shall be obtained from the child's parent, or the child, if appropriate or required by federal statute or regulation or state statute or rule, or by order of a court with appropriate jurisdiction.

(d) The service coordination agency or individuals designated by the coordinating committee shall review the completed application with the family, and, in light of the eligibility criteria in the interagency agreement and sub. (7), determine whether the child with severe disabilities and the child's his or her family are eligible for and appropriate for services through the program enrollment in the initiative. The service coordination agency or the individuals designated by the coordinating committee shall approve or disapprove each application within 30 days after the date on which the application was received completed.

(e) If the child with severe disabilities who is involved in 2 or more systems of care and the child's his or her family are found to be ineligible, or if it is determined that enrollment in the initiative is not the best method of meeting the needs of the child and his or her family, staff from the service coordination agency or individuals designated by the coordinating committee shall assist them the child and family in obtaining identifying and accessing needed services or resources from appropriate providers.

(f) If the child with severe disabilities and the child's his or her family are found to be eligible for the program and are enrolled in the initiative, the agency shall assign a service coordinator who shall assemble an interdisciplinary a coordinated services team to assess the strengths and needs of the child with severe disabilities and the child's his or her family's need for treatment, education, care, and support. The service coordinator shall coordinate the operations of the coordinated services team.

(g) The service coordinator shall assemble the results of all prior relevant assessments and evaluations documenting the service strengths and needs of the a child with severe disabilities enrolled in the initiative and the child's his or her family, including individualized education program team evaluations under s. 115.782 or independent educational evaluations, court-ordered evaluations under s. 48.295 or 938.295, family support program evaluations, community integration program or community options program assessments, and any other available medical, psychiatric, psychological, vocational or developmental educational, medical, vocational, and psychosocial evaluations.

(h) (intro.) The interdisciplinary coordinated services team, the family of the child with severe disabilities enrolled in the initiative, and the service coordinator shall, based on a review of a summary of existing assessments of strengths and needs that have been assembled and any additional evaluations and plans that they the team, the coordinator, or the family find finds to be necessary, prepare an integrated service a strength-based, gender-competent and culturally competent, family-centered, coordinated services plan of care within 60 days after the date on which the application was received approved. The integrated service coordinated services plan of care shall include all of the following:

2. The short-term and long-term goals for treatment and support services for to address the needs of the child with severe disabilities and the child's his or her family.

3. The services and resources needed by the child with severe disabilities and the child's his or her family, including the identity of each individual and organization that will be responsible for providing a portion of the treatment, education and support services to be offered to the child and the child's family, and the specific services that each organization will provide the services and other resources. The coordinated services plan of care shall place emphasis on services and resources that are available through community and informal sources.

4. Criteria for measuring the effectiveness and appropriateness of the integrated service plan coordinated services plan of care so that it can be modified as needed to better meet the child's and the child's family's needs. A coordinated services plan of care shall be oriented so as to produce meaningful outcomes and to provide services in the least restrictive setting possible.

5. Identification of any administrative or judicial procedures under ch. 48, 51, 55, 115, 118, or 938 that may be necessary in order to fully implement the integrated service plan coordinated services plan of care and the identity of the individual or organization that will be responsible for initiating those procedures, if any are required.

6. Identification of available sources of funding to support the services and other resources needed for the child with severe disabilities and his or her family and an allocation of funding responsibility among organizations where if more than one organization is responsible for the child's and the child's his or her family's treatment, education and support services.

334,53 Section 53. 46.56 (8) (cm) of the statutes is created to read:

46.56 (8) (cm) Consent for participation of a child and his or her family in the initiative and in the initiative evaluation shall be obtained from the child's parent or, if appropriate, the child.

334,54 Section 54. 46.56 (8) (h) 7. and 8. of the statutes are created to read:

46.56 (8) (h) 7. Clear statements articulating the specific needs of the child and family that are to be addressed. Needs may not be stated solely in terms of the need for services but may be described in a strength-based manner with a response that is readily achievable.

8. Plans for responding to possible crisis situations that may occur with the child and his or her family.

334,55 Section 55. 46.56 (8) (i) to (k) of the statutes are amended to read:

46.56 (8) (i) If additional evaluations are needed, the service coordination agency coordinated services team shall arrange for them or assist the child's family in obtaining them.

(j) The proposed integrated service plan coordinated services plan of care shall be submitted to any service providers who would be are included in the integrated service plan and the court assigned to exercise jurisdiction under chs. 48 and 938 if participation in the program has been court ordered under s. 48.345 (6m) or 938.34 (6m) proposed plan of care.

(k) Upon written approval of the integrated service plan coordinated services plan of care by the proposed service providers and, the child's family, unless the child's involvement in the program is through court order under s. 48.355 or 938.355, in which case approval of the court may be substituted for that of the family, and the coordinated services team, the integrated service plan plan of care shall be implemented by the service coordination agency and the service providers individuals and organizations designated to provide services and other resources under the integrated service plan plan of care.

334,56 Section 56. 46.56 (8) (L) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

334,57 Section 57. 46.56 (8) (m) to (o) of the statutes are amended to read:

46.56 (8) (m) Each organization or service provider designated to provide services and other resources under the integrated service coordinated services plan of care shall identify a specific staff person individual who shall serve as the ongoing member of a treatment team contact person to ensure continuity and communication while services are being provided to the child with severe disabilities and his or her family under the integrated service plan. The service coordinator shall coordinate the operations of the treatment team of care.

(n) The service coordinator shall advocate for the child with severe disabilities and the child's his or her family and ensure that they are provided the opportunity to participate in assessment, planning, and ongoing review of services to the fullest extent possible.

(o) Services and other resources under this section shall be provided in the community, preferably in the child's home or home community, in the least restrictive and least intrusive setting and manner which that meets the best interests of the child with severe disabilities.

334,58 Section 58. 46.56 (8) (p) and (q) of the statutes are repealed.

334,59 Section 59. 46.56 (8) (r) and (s) of the statutes are amended to read:

46.56 (8) (r) The On a regular basis, and at least every 3 months, the service coordinator shall, when necessary and at least every 6 months, assemble the treatment coordinated services team, the family of the child with severe disabilities, the child with severe disabilities, where if appropriate, and any counsel, guardian ad litem, or other person advocating for the interests of the child with severe disabilities or the child's his or her family to review the integrated service, plan of care and progress toward the goals of the integrated service plan of care, establish new goals, request the inclusion of new participating organizations or individuals, or otherwise modify the integrated service coordinated services plan of care to better meet the needs of the child with severe disabilities and the child's his or her family. Decisions to amend the integrated service coordinated services plan of care must be approved by the service coordinator, the treatment coordinated services team, the family and, where if the integrated service plan of care is being provided under a court order, by the court.

(s) Services under the integrated service plan may be terminated Coordination of services by a coordinated services team may be ended by the agreement of all participants on the coordinated services team that the goals of treatment and support have been met and that an integrated service plan is no longer needed, by order of the court if services are being provided under court order, or are being met; by withdrawal of the family of the child with severe disabilities unless participation is court ordered, or; by the service coordination agency upon a recommendation from the service coordinator and the treatment, that further services are not in the child's best interests, or that coordinated services team; by the family's refusal to participate in the process; if the child with severe disabilities and child's his or her family no longer meet the eligibility criteria for the program coordinated services team; or by court order, if services are being provided under court order.

334,60 Section 60. 46.56 (9) of the statutes is amended to read:

46.56 (9) Immediate care. Individual county departments, tribal agencies, other agencies, and other service providers may shall provide immediate services and other resources as necessary and appropriate to children with severe disabilities who are involved in 2 or more systems of care and their families who have been referred for participation an evaluation of eligibility for and appropriateness of enrollment in the program initiative while assessment and planning take place.

334,61 Section 61. 46.56 (10) to (13) of the statutes are amended to read:

46.56 (10) Relation to family other support program programs. In any county or for a tribe that has a family support program under s. 46.985, or other support programs, including comprehensive community services or office of justice assistance programs, the integrated service program initiative shall coordinate its activities with the family support program. The administering agency for the family support program may act as a service coordination agency for the integrated service program and the family support program advisory committee may act as the coordinating committee if the requirements of this section are met and the department gives its approval programs.

(11) Informal conflict Conflict management. The department, administering agency, service coordination agencies, and service coordinators shall establish and use informal means for conflict management, including consultation, mediation, and independent assessment, whenever possible. A formal conflict management policy shall be established in writing by the coordinating committee for use by families, providers, and other individuals involved in the initiative.

(12) Administrative appeals. Decisions by the service coordination agency regarding eligibility, enrollment, denial, termination, reduction, or appropriateness of services and decisions by the individuals designated by the coordinating committee regarding eligibility, enrollment, or denial may be appealed to the coordinating committee by a child with severe disabilities who is a service applicant or recipient or by the parent or guardian or guardian ad litem of the applicant or recipient. Decisions of the coordinating committee may be appealed to the department under ch. 227.

(13) Review of actions by individual agencies. Nothing in this section shall limit, modify, or expand the rights, remedies, or procedures established in federal statutes or regulations or state law statutes or rules for individuals or families receiving services provided by individual organizations that are participating in the integrated service coordinated services plan of care.

334,62 Section 62. 46.56 (14) (a) of the statutes is amended to read:

46.56 (14) (a) In order to support the development of a comprehensive service system of coordinated care for children with severe disabilities who are involved in 2 or more systems of care and their families, the department shall establish a statewide state advisory committee with representatives of county departments and tribal governing bodies, the department of public instruction, educational agencies, the department of children and families, the department of corrections, the juvenile correctional system, professionals experienced in the provision of services to children with severe disabilities, who are involved in 2 or more systems of care and their families with children with severe disabilities, advocates for such families and their children, the subunit of the department of workforce development that administers vocational rehabilitation, a representative of the local workforce development board established under 29 USC 2832, a representative of the philanthropy community, the technical college system, health care providers, courts assigned to exercise jurisdiction under chs. 48 and 938, child welfare officials, and other appropriate persons as selected by the department. The department may use an existing committee for this purpose if it has representatives from the listed groups and is willing to perform the required functions. This committee shall establish principles and core values for administering initiatives, monitor the development of programs initiatives throughout the state, and support communication and mutual assistance among operating programs initiatives as well as those that are being developed.

334,63 Section 63 . 46.56 (14) (b) (intro.) of the statutes is amended to read:

46.56 (14) (b) (intro.) The department shall provide, either directly or through purchase of services, the following support services to the counties and tribes that elect to participate in the program initiative:

334,64 Section 64 . 46.56 (14) (b) 1. and 3. of the statutes are amended to read:

46.56 (14) (b) 1. Consultation in the areas of developing and maintaining individual integrated service plans, initiatives and finding appropriate resources, and establishing and maintaining local programs.

3. Assessment resources for cases where no local evaluation resource is available or sufficient to enable development of an effective integrated service plan coordinated services plan of care. These resources may be provided directly through state-operated programs or by referral to private service providers.

334,65 Section 65 . 46.56 (14) (c) (intro.) and 1. of the statutes are amended to read:

46.56 (14) (c) (intro.) The department shall evaluate the programs initiatives funded under this section. All organizations participating in the program initiatives shall cooperate with the evaluation. The evaluation shall include information about all of the following:

1. The number of days that children with severe disabilities served in the programs enrolled in the initiative spent in out-of-home placement compared to other children with severe disabilities in the target group who are involved in 2 or more systems of care and are not enrolled in the initiative and the costs associated with these placements.

334,66 Section 66 . 46.56 (14) (c) 2. of the statutes is repealed.

334,67 Section 67 . 46.56 (14) (c) 3. to 5. of the statutes are amended to read:

46.56 (14) (c) 3. A comparison between any changes in problem behaviors of participants enrollees before and after participation enrollment in the program initiative.

4. A comparison between school attendance and performance of participants enrollees before and after participation enrollment in the program initiative.

5. A comparison between recidivism rates of participants enrollees who have a history of delinquency.

334,68 Section 68 . 46.56 (14) (c) 6. and 7. of the statutes are amended to read:

46.56 (14) (c) 6. Parent and child satisfaction with the program initiative.

7. Types of services provided to children with severe disabilities and their families in the program through the integrated service plan initiative and the cost of these services.

334,69 Section 69. 46.56 (14) (c) 8. of the statutes is repealed.

334,70 Section 70. 46.56 (14) (c) 9. of the statutes is created to read:

46.56 (14) (c) 9. A systems change and sustainability plan under sub. (3) (d) 13.