Feed for /2009/related/acts/334 PDF
Date of enactment: May 13, 2010
2009 Assembly Bill 296 Date of publication*: May 26, 2010
* Section 991.11, Wisconsin Statutes 2007-08 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2009 WISCONSIN ACT 334
An Act to repeal 46.56 (1) (i) 1. to 3., 46.56 (1) (k), 46.56 (3) (d) 2. (intro.), 46.56 (8) (L), 46.56 (8) (p) and (q), 46.56 (14) (c) 2., 46.56 (14) (c) 8. and 46.56 (15) (e); to renumber 46.56 (3) (d) 1. (intro.); to renumber and amend 46.56 (1) (c), 46.56 (1) (f), 46.56 (1) (g), 46.56 (1) (o), 46.56 (3) (d) 1. a. to d., 46.56 (3) (d) 2. a. and b., 46.56 (6) (a) 3., 46.56 (6) (a) 4., 48.02 (9s) and 938.02 (9s); to consolidate, renumber and amend 46.56 (1) (i) (intro.) and 4.; to amend 20.435 (5) (co), 38.14 (12), 46.215 (1) (q), 46.22 (1) (b) 1. i., 46.56 (title), 46.56 (1) (a), 46.56 (1) (b), 46.56 (1) (e), 46.56 (1) (h), 46.56 (1) (L), 46.56 (1) (m), 46.56 (1) (n), 46.56 (1) (p), 46.56 (2), 46.56 (3) (a), 46.56 (3) (b) 1., 2., 4., 5. and 7., 46.56 (4) (a) to (e), 46.56 (5) (a), (b) and (d) to (i), 46.56 (6) (title), (a) (intro.), 1. and 2., 46.56 (6) (b), 46.56 (6) (c), 46.56 (7), 46.56 (8) (title), 46.56 (8) (a) to (g) and (h) (intro.), 2., 3., 4., 5. and 6., 46.56 (8) (i) to (k), 46.56 (8) (m) to (o), 46.56 (8) (r) and (s), 46.56 (9), 46.56 (10) to (13), 46.56 (14) (a), 46.56 (14) (b) (intro.), 46.56 (14) (b) 1. and 3., 46.56 (14) (c) (intro.) and 1., 46.56 (14) (c) 3. to 5., 46.56 (14) (c) 6. and 7., 46.56 (14) (d), 46.56 (15) (a), 46.56 (15) (b) (intro.), 46.56 (15) (b) 2. and 3., 46.56 (15) (b) 4., 46.56 (15) (c) and (d), 46.56 (15) (f), 48.33 (1) (c), 48.345 (6m), 49.45 (25) (bm) 2., 51.42 (3) (ar) 14., 51.437 (4m) (m), 51.437 (4r) (a) 3., 115.817 (5) (c), 116.03 (13m), 120.12 (19), 938.33 (1) (c) and 938.34 (6m); to repeal and recreate 59.53 (7); and to create 46.56 (1) (ar), 46.56 (1) (bm), 46.56 (1) (de), (dm) and (ds), 46.56 (1) (nm), 46.56 (1) (op), 46.56 (1) (q), 46.56 (3) (a) 8., 46.56 (3) (b) 8. to 16., 46.56 (3) (d) 3., 46.56 (3) (d) 8. to 12., 46.56 (3) (d) 15., 46.56 (3) (e), 46.56 (5) (j) and (k), 46.56 (6) (cr), 46.56 (6) (d), 46.56 (8) (cm), 46.56 (8) (h) 7. and 8., 46.56 (14) (c) 9., 46.56 (15) (b) 1r. and 46.56 (15) (b) 5. of the statutes; relating to: children and their families who are involved in two or more systems of care and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
334,1m Section 1m. 20.435 (5) (co) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:
20.435 (5) (co) Integrated service programs for children with severe disabilities Initiatives for coordinated services. The amounts in the schedule to fund, under s. 46.56 (15), county integrated service programs for children with severe disabilities and tribal initiatives under s. 46.56 to provide coordinated services.
334,2 Section 2. 38.14 (12) of the statutes is amended to read:
38.14 (12) Integrated service programs for children with severe disabilities Initiatives to provide coordinated services. If the county board of supervisors establishes an integrated service program for children with severe disabilities initiative to provide coordinated services under s. 59.53 (7), the district board may participate in an integrated service program for children with severe disabilities under s. 59.53 (7) the initiative and may enter into written interagency agreements or contracts under the program initiative.
334,3 Section 3. 46.215 (1) (q) of the statutes is amended to read:
46.215 (1) (q) If the county board of supervisors establishes an integrated service program for children with severe disabilities initiative to provide coordinated services under s. 59.53 (7), to participate in and administer an integrated service program for children with severe disabilities under s. 59.53 (7) the initiative, including entering into any written interagency agreements or contracts.
334,4 Section 4. 46.22 (1) (b) 1. i. of the statutes is amended to read:
46.22 (1) (b) 1. i. If the county board of supervisors establishes an integrated service program for children with severe disabilities initiative to provide coordinated services under s. 59.53 (7), to participate in and administer an integrated service program for children with severe disabilities under s. 59.53 (7) the initiative, including entering into any written interagency agreements or contracts.
334,5 Section 5 . 46.56 (title) of the statutes is amended to read:
46.56 (title) Integrated service programs Initiatives to provide coordinated services for children with severe disabilities and families.
334,6 Section 6. 46.56 (1) (a) of the statutes is amended to read:
46.56 (1) (a) "Administering agency" means a county department designated by the a county board of supervisors or by a tribe to administer the program an initiative.
334,7 Section 7. 46.56 (1) (ar) of the statutes is created to read:
46.56 (1) (ar) "Advocacy" means all of the following:
1. Actively supporting a child who is involved in 2 or more systems of care and his or her family under an initiative to enable their receipt of the full benefits of the initiative by ensuring that the coordinated services team approach to providing services and principles are followed.
2. Helping families of a child who is involved in 2 or more systems of care gain access to and a voice in the decision making that establishes the child's and family's plan of care.
3. Fostering strong working relationships among families, systems of care, and providers, with the goal of improving the lives of children who are involved in 2 or more systems of care and their families.
334,8 Section 8. 46.56 (1) (b) of the statutes is amended to read:
46.56 (1) (b) "Agency" means a public, tribal, or private nonprofit organization that provides treatment services for children with severe disabilities and their families services and other resources for children and families.
334,9 Section 9. 46.56 (1) (bm) of the statutes is created to read:
46.56 (1) (bm) "Child" means an individual under the age of 18.
334,10 Section 10. 46.56 (1) (c) of the statutes is renumbered 46.56 (1) (om), and 46.56 (1) (om) (intro.), 3. and 4., as renumbered, are amended to read:
46.56 (1) (om) (intro.) "Child with severe disabilities Severe disability" means an individual who has not attained 18 years of age and whose a mental, physical, sensory, behavioral, emotional, or developmental disabilities disability, including severe emotional disturbance, or whose a combination of multiple these disabilities, that meets all of the following conditions:
3. Causes substantial limitations in the a child's ability to function in the his or her family, the school, or the community and with the child's his or her ability to cope with the ordinary demands of life.
4. Causes the a child to need services or other resources from 2 or more service systems of care.
334,11 Section 11. 46.56 (1) (de), (dm) and (ds) of the statutes are created to read:
46.56 (1) (de) "Family" means a child's primary caregiver or caregivers and the child's siblings.
(dm) "Family resources" means housing, environment, institutions, sources of income, services, education, a child's extended family and community relationships, and other resources families need to raise their children.
(ds) "Initiative" means a system that is based on the strengths of children and their families for providing coordinated services to children who are involved in 2 or more systems of care and their families.
334,12 Section 12. 46.56 (1) (e) of the statutes is amended to read:
46.56 (1) (e) "Intake" means the process by which the a service coordination agency or individuals designated by the coordinating committee under sub. (3) initially screens screen a child with severe disabilities who is involved in 2 or more systems of care and the child's his or her family to see if a complete assessment is needed determine eligibility for an initiative and the process by which the service coordination agency determines the need for a comprehensive clinical mental health assessment.
334,13 Section 13 . 46.56 (1) (f) of the statutes is renumbered 46.56 (1) (ce) and amended to read:
46.56 (1) (ce) "Integrated Coordinated services" means treatment, education, care and support, services, and other resources provided, in a coordinated manner, for a child with severe disabilities who is involved in 2 or more systems of care and his or her family.
334,14 Section 14 . 46.56 (1) (g) of the statutes is renumbered 46.56 (1) (cm) and amended to read:
46.56 (1) (cm) "Integrated service plan Coordinated services plan of care" means the a plan for treatment, education and support services under sub. (8) (h) for an eligible a child with severe disabilities who is involved in 2 or more systems of care and the child's his or her family under sub. (8) (h).
334,15 Section 15 . 46.56 (1) (h) of the statutes is amended to read:
46.56 (1) (h) "Interagency agreement" means a written document of understanding among service providers and other partner agencies that are represented on a coordinating committee under sub. (3) that identifies mutual responsibilities for implementing integrated coordinated services for children with severe disabilities who are involved in 2 or more systems of care and their families.
334,16 Section 16. 46.56 (1) (i) (intro.) and 4. of the statutes are consolidated, renumbered 46.56 (1) (cs) and amended to read:
46.56 (1) (cs) "Interdisciplinary team Coordinated services team" means a group of professionals, assembled by the service coordinator, from various service systems who meet all of the following criteria: 4. Are providing treatment, education or support services to the child with severe disabilities or the child's family, if the child or the child's family is receiving any treatment, education or support services individuals, including family members, service providers, and informal resource persons, who work together to respond to service needs of a child who is involved in 2 or more systems of care and his or her family.
334,17 Section 17. 46.56 (1) (i) 1. to 3. of the statutes are repealed.
334,18 Section 18. 46.56 (1) (k) of the statutes is repealed.
334,19 Section 19. 46.56 (1) (L) of the statutes is amended to read:
46.56 (1) (L) "Service coordination" means a case management service that coordinates the coordination of multiple service providers who and family resources that are serving a particular child with severe disabilities who is involved in 2 or more systems of care and the child's his or her family. The term includes arrangement for coordination of the assessment process, development of an integrated service plan a coordinated services plan of care based on the strengths and needs identified in the assessment, advocacy for the needs of the child and the child's family, monitoring of the child's progress of the child or his or her family, facilitation of periodic reviews of the integrated service plan coordinated services plan of care, and coordination and maintenance of clear lines of communication among all service family resources providers and, the child, and the child's his or her family.
334,20 Section 20 . 46.56 (1) (m) of the statutes is amended to read:
46.56 (1) (m) "Service coordination agency" means a county department, tribe, agency, school district, cooperative educational service agency, or county children with disabilities education board designated in an interagency agreement by a coordinating committee under sub. (3) to provide intake and service coordination for one or more target groups of eligible children with severe disabilities who are involved in 2 or more systems of care and their families.
334,21 Section 21. 46.56 (1) (n) of the statutes is amended to read:
46.56 (1) (n) "Service coordinator" means an individual who is qualified by specialized training and clinical experience with children with severe disabilities who are involved in 2 or more systems of care and their families and who is appointed by the service coordination agency to provide service coordination of treatment, education and support services for eligible children with severe disabilities and their families.
334,22 Section 22. 46.56 (1) (nm) of the statutes is created to read:
46.56 (1) (nm) "Service provider" means a professional from a system of care who meets one or more of the following criteria:
1. Is skilled in providing treatment services, education, and other family resources for children who are involved in 2 or more systems of care and their families.
2. Conducts comprehensive evaluations of the needs of children who are involved in 2 or more systems of care and their families for family resources.
3. Possesses skills appropriate for and knowledge of the specific types of needs or dysfunctions presented by a child who is involved in 2 or more systems of care and is undergoing an assessment.
4. Is currently providing treatment, education, or other family resources for a child who is involved in 2 or more systems of care, a family of such a child, or both.
334,23 Section 23 . 46.56 (1) (o) of the statutes is renumbered 46.56 (1) (or) and amended to read:
46.56 (1) (or) "Service system System of care" means the a public and or private organizations organization that provide provides specialized services for children with mental, physical, sensory, behavioral, emotional, or developmental disabilities or that provide provides child welfare, juvenile justice, educational , economic support, alcohol or other drug abuse, or health care services for children.
334,24 Section 24. 46.56 (1) (op) of the statutes is created to read:
46.56 (1) (op) "Severely emotionally disturbed child" has the meaning given in s. 49.45 (25) (a).
334,25 Section 25. 46.56 (1) (p) of the statutes is amended to read:
46.56 (1) (p) "Treatment services" means the individualized social, emotional, behavioral and medical services designed to bring about habilitation, rehabilitation and appropriate developmental growth of a child with severe disabilities.
334,26 Section 26. 46.56 (1) (q) of the statutes is created to read:
46.56 (1) (q) "Tribe" means a federally recognized American Indian tribe or band in this state.
334,27 Section 27. 46.56 (2) of the statutes is amended to read:
46.56 (2) Establishment of programs Coordinating committee; administering agency; initiative funding. If a county board of supervisors establishes a program an initiative under s. 59.53 (7), it or if a tribe establishes an initiative, the county board or tribe shall appoint a coordinating committee and designate an administering agency. The program initiative may be funded by the county or tribe or the county board of supervisors or tribe may apply for funding by the state in accordance with sub. (15).
334,28 Section 28. 46.56 (3) (a) of the statutes is amended to read:
46.56 (3) (a) The coordinating committee shall have the responsibilities specified in par. (d) and shall include representatives from all of the following:
1. The county department responsible for child welfare and protection services or, for an initiative established by a tribe, the tribal agency responsible for child welfare and protection services.
2. The county department responsible for mental health and alcohol and drug abuse services for children and families or, for an initiative established by a tribe, the tribal agency responsible for these services.
3. The county department responsible for providing services for children who are developmentally disabled have developmental disability or, for an initiative established by a tribe, the tribal agency responsible for providing these services.
4. The family support program under s. 46.985 if the county or tribe has a family support program.
5. The juvenile court administrator or another representative appointed by the judge responsible for cases heard under chs. 48 and 938 or, for an initiative established by a tribe, a representative of the tribal court.
6. The largest school district in the county and any cooperative educational service agency, if it provides special education in the county, or any county children with disabilities education board in the county, and any other school district in the county that is willing to participate in the program initiative, at the discretion of the administering agency. For an initiative established by a tribe, the coordinating committee shall include a representative of the school district serving the majority of pupils who reside on the reservation of the tribe or on trust lands held for the tribe and any cooperative educational service agency providing special education services to these pupils.
7. At least 2 parents of children with severe disabilities, or the number of parents of children with severe disabilities that it will take to make the parent representation equal to equals 25% of the coordinating committee's membership, whichever is greater, of children who are involved in 2 or more systems of care.
334,29 Section 29. 46.56 (3) (a) 8. of the statutes is created to read:
46.56 (3) (a) 8. The agency responsible for economic support programs.
334,30 Section 30. 46.56 (3) (b) 1., 2., 4., 5. and 7. of the statutes are amended to read:
46.56 (3) (b) 1. Representatives of the vocational rehabilitation office that provides services to the county or, for an initiative established by a tribe, that provides services to the tribe.
2. Representatives of a technical college district that is located in the county or, for an initiative established by a tribe, that serves members of the tribe.
4. Representatives of health maintenance organizations that are operating in the county or, for an initiative established by a tribe, are serving members of the tribe.
5. Representatives of law enforcement agencies that are located in the county or, for an initiative established by a tribe, are representatives of a tribal law enforcement agency.
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