LRBs0101/1
GMM:kjf&jld:rs
2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 297
August 19, 2009 - Offered by Committee on Children and Families.
AB297-ASA1,1,8
1An Act to repeal 48.983 (1) (i) and (j) and 48.983 (3) (title) and (a);
to renumber
2and amend 48.983 (3) (b) and 48.983 (8);
to amend 48.983 (1) (b) 1. c., 48.983
3(2), 48.983 (4) (a) 4m., 48.983 (4) (am), 48.983 (4) (b) 1., 48.983 (4) (b) 2. and 3.,
448.983 (5), 48.983 (6) (intro.), 48.983 (6) (a) (intro.), 48.983 (6) (a) 1., 48.983 (6)
5(a) 3., 48.983 (6) (a) 6., 48.983 (6) (b) 4., 48.983 (6) (c), 48.983 (6g) (b) and 48.983
6(8) (title);
to repeal and recreate 48.983 (7) (c); and
to create 48.983 (1) (gm),
748.983 (6) (f), 48.983 (7) (ag) and (ar) and 48.983 (8) (b) of the statutes;
relating
8to: child abuse and neglect prevention grants.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Children and Families (DCF)
administers the Child Abuse and Neglect Prevention Program under which DCF
awards grants to no more than six rural counties, three urban counties, and two
Indian tribes that offer voluntary home visitation services to first-time parents who
are eligible for Medical Assistance (MA). Current law requires DCF to determine the
amount of a grant awarded to a county or an Indian tribe in excess of the statutory
minimum grant amount of $10,000 based on need, as determined by a formula that
DCF is required to promulgate by rule, and requires that formula to determine need
based on the number of births that are funded by MA in a county or a reservation of
an Indian tribe and on the rate of poor birth outcomes, including infant mortality,
premature births, low birth weights, and racial or ethnic disproportionality in the
rate of those outcomes, in the county or reservation. For Milwaukee County,
however, that formula must be based on 60 percent of the number of births that are
funded by MA in that county and on the rate of poor birth outcomes in that county.
Currently, a county or Indian tribe may use a grant to make payments totaling not
less than $250 per year for the appropriate expenses of a family participating in the
program. A county, other than Milwaukee County, or an Indian tribe may also use
a grant to provide home visitation services for first-time parents who are eligible for
MA and case management services for a family participating in the program.
This substitute amendment makes all of the following changes to the Child
Abuse and Neglect Prevention Program:
1. Eliminates the caps on the number of counties and Indian tribes that may
be selected to participate in the program.
2. Permits private agencies to participate in the program and requires a private
agency that applies for participation in the program to submit documentation with
the grant application that demonstrates that the application is supported by a
county and that a county will collaborate with the private agency in providing
services.
3. Provides that the formula for determining the amount of a grant to
Milwaukee County must be based on 100 percent, not 60 percent, of the number of
births that are funded by MA in that county and permits Milwaukee County to use
grant funds to provide home visitation and case management services.
4. Requires a county, private agency, or Indian tribe that receives a grant to
agree to match at least 25 percent of the grant amount in funds or in-kind
contributions.
5. Requires that DCF give favorable consideration in the application process
for a grant to a county, private agency, or Indian tribe that submits a joint
application.
6. Requires a county, private agency, or Indian tribe, when applying for a grant,
to provide information on how the applicant's home visitation program incorporates
practice standards and critical elements that have been developed for successful
home visitation programs by a nationally recognized home visitation program model
and that are acceptable to DCF.
7. Requires DCF to evaluate the availability of home visitation programs in the
state and determine whether there are gaps in home visitation services and to
cooperate with counties, private agencies, and Indian tribes providing home
visitation programs to address any gaps identified.
8. Requires each county, private agency, and Indian tribe providing a home
visitation program to do all of the following:
a. Collect and report data as required by DCF, using forms prescribed by DCF.
b. Develop a plan for evaluating the effectiveness of its program for approval
by DCF and to use the evaluation to improve the quality and outcomes of the home
visitation program. The substitute amendment sets forth the outcomes that must
be tracked and measured.
9. Provides that the training provided by DCF to counties, private agencies,
and Indian tribes participating in the program may not be limited to a particular
home visitation model and requires the training to include training regarding basic
skills, uniform administration of screening and assessment tools, the issues and
challenges that families face, and supervision and personnel skills for program
managers. The training may also include training on data collection and reporting.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB297-ASA1,3,103
48.983
(1) (b) 1. c. A family that includes a person who has contacted a county
4department
, a private agency, or
an Indian tribe that has been awarded a grant
5under this section or, in a county having a population of 500,000 or more that has
6been awarded a grant under this section, the department
, a private agency, or a
7licensed child welfare agency under contract with the department requesting
8assistance to prevent poor birth outcomes or abuse or neglect of a child in the person's
9family and with respect to which an individual responding to the request has
10determined that all of the conditions in subd. 2. exist.
AB297-ASA1, s. 2
11Section
2. 48.983 (1) (gm) of the statutes is created to read:
AB297-ASA1,3,1412
48.983
(1) (gm) "Private agency" means an organization operated for profit or
13a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as
14defined in s. 181.0103 (17).
AB297-ASA1, s. 3
15Section
3. 48.983 (1) (i) and (j) of the statutes are repealed.
AB297-ASA1,4,25
148.983
(2) Funds provided. If a county
, private agency, or Indian tribe applies
2and is selected by the department under sub. (5) to participate in the program under
3this section, the department shall award, from the appropriation under s. 20.437 (1)
4(ab), a grant annually to be used only for the purposes specified in sub. (4) (a) and
5(am). The minimum amount of a grant is $10,000.
The county, private agency, or
6Indian tribe shall agree to match at least 25 percent of the grant amount annually
7in funds or in-kind contributions. The department shall determine the amount of
8a grant awarded to a county,
other than a county with a population of 500,000 or more 9private agency, or Indian tribe in excess of the minimum amount based on the need
10of the county
, private agency, or Indian tribe for a grant, as determined by a formula
11that the department shall promulgate by rule. That formula shall determine that
12need based on the number of births that are funded by Medical Assistance under
13subch. IV of ch. 49 in that county
, the area in which that private agency is providing
14services, or the reservation of that Indian tribe and on the rate of poor birth
15outcomes, including infant mortality, premature births, low birth weights, and racial
16or ethnic disproportionality in the rates of those outcomes, in that county
, the area
17in which that private agency is providing services, or the reservation of that Indian
18tribe.
The department shall determine the amount of a grant awarded to a county
19with a population of 500,000 or more in excess of the minimum amount based on the
20need of the county for a grant, as determined by a formula that the department shall
21promulgate by rule. That formula shall determine that need based on 60% of the
22number of births that are funded by Medical Assistance under subch. IV of ch. 49 in
23that county and on the rate of poor birth outcomes, including infant mortality,
24premature births, low birth weights, and racial or ethnic disproportionality in the
25rates of those outcomes, in that county.
AB297-ASA1, s. 5
1Section
5. 48.983 (3) (title) and (a) of the statutes are repealed.
AB297-ASA1, s. 6
2Section
6. 48.983 (3) (b) of the statutes is renumbered 48.983 (3) and amended
3to read:
AB297-ASA1,5,84
48.983
(3) Joint application permitted. Two Any combination of 2 or more
5counties
and, private agencies, or Indian tribes may submit a joint application to the
6department.
Each county or Indian tribe in a joint application shall be counted as
7a separate county or Indian tribe for the purpose of limiting the number of counties
8and Indian tribes selected in each state fiscal biennium.
AB297-ASA1,5,1611
48.983
(4) (a) 4m.
Other than in a county with a population of 500,000 or more,
12to To reimburse a case management provider under s. 49.45 (25) (b) for the amount
13of the allowable charges under the Medical Assistance program that is not provided
14by the federal government for case management services provided to a Medical
15Assistance beneficiary described in s. 49.45 (25) (am) 9. who is a child and who is a
16member of a family that receives home visitation program services under par. (b) 1.
AB297-ASA1, s. 8
17Section
8. 48.983 (4) (am) of the statutes is amended to read:
AB297-ASA1,5,2418
48.983
(4) (am)
Grants; start-up costs and capacity building. In the first year
19in which a grant under this section is awarded to a county
, private agency, or Indian
20tribe, the county
, private agency, or Indian tribe may use a portion of the grant to pay
21for start-up costs and capacity building related to the program under this section.
22The department shall determine the maximum amount of a grant that a county
,
23private agency, or Indian tribe may use to pay for those start-up costs and that
24capacity building.
AB297-ASA1,7,53
48.983
(4) (b) 1. A county,
other than a county with a population of 500,000 or
4more private agency, or
an Indian tribe that is selected to participate in the program
5under this section shall offer all pregnant women in the county
, the area in which
6that private agency is providing services, or the reservation of the tribe who are
7eligible for Medical Assistance under subch. IV of ch. 49 an opportunity to undergo
8an assessment through use of a risk assessment instrument to determine whether
9the person assessed presents risk factors for poor birth outcomes or for perpetrating
10child abuse or neglect. Persons who agree to be assessed shall be assessed during
11the prenatal period. The risk assessment instrument shall be developed by the
12department and shall be based on risk assessment instruments developed by the
13department for similar programs that are in operation. The department need not
14promulgate as rules under ch. 227 the risk assessment instrument developed under
15this subdivision. A person who is assessed to be at risk of poor birth outcomes or of
16abusing or neglecting his or her child shall be offered home visitation program
17services that shall be commenced during the prenatal period. Home visitation
18program services may be provided to a family with a child identified as being at risk
19of child abuse or neglect until the identified child reaches 3 years of age. If a family
20has been receiving home visitation program services continuously for not less than
2112 months, those services may continue to be provided to the family until the
22identified child reaches 3 years of age, regardless of whether the child continues to
23be eligible for Medical Assistance under subch. IV of ch. 49. If risk factors for child
24abuse or neglect with respect to the identified child continue to be present when the
25child reaches 3 years of age, home visitation program services may be provided until
1the identified child reaches 5 years of age. Home visitation program services may
2not be provided to a person unless the person gives his or her written informed
3consent to receiving those services or, if the person is a child, unless the child's
4parent, guardian
, or legal custodian gives his or her written informed consent for the
5child to receive those services.
AB297-ASA1,7,118
48.983
(4) (b) 3. A county
, private agency, or Indian tribe that is providing home
9visitation program services under subd. 1. shall provide to a person receiving those
10services the information relating to shaken baby syndrome and impacted babies
11required under s. 253.15 (6).
AB297-ASA1,8,914
48.983
(5) Selection of counties, private agencies, and Indian tribes. The
15department shall provide competitive application procedures for selecting counties
,
16private agencies, and Indian tribes for participation in the program under this
17section. The department shall establish a method for ranking applicants for
18selection based on the quality of their applications. In ranking the applications
19submitted by counties, the department shall give favorable consideration
to a county,
20private agency, or Indian tribe that submits a joint application under sub. (3) and to
21a county that has indicated under sub. (6) (d) 2. that it is willing to use a portion of
22any moneys distributed to the county under s. 48.565 (2) (a) to provide case
23management services to a Medical Assistance beneficiary under s. 49.45 (25) (am)
249. who is a case or who is a member of a family that is a case and that has explained
25under sub. (6) (d) 2. how the county plans to use that portion of those moneys to
1promote the provision of those services for the case by using a wraparound process
2so as to provide those services in a flexible, comprehensive and individualized
3manner in order to reduce the necessity for court-ordered services. The department
4shall also provide application requirements and procedures for the renewal of a grant
5awarded under this section. The application procedures and the renewal application
6requirements and procedures shall be clear and understandable to the applicants.
7The department need not promulgate as rules under ch. 227 the application
8procedures, the renewal application requirements or procedures, or the method for
9ranking applicants established under this subsection.
AB297-ASA1, s. 12
10Section
12. 48.983 (6) (intro.) of the statutes is amended to read:
AB297-ASA1,8,1411
48.983
(6) Criteria for awarding grants. (intro.) In addition to any other
12criteria developed by the department, a county
, private agency, or Indian tribe shall
13meet all of the following criteria in order to be selected for participation in the
14program under this section:
AB297-ASA1, s. 13
15Section
13. 48.983 (6) (a) (intro.) of the statutes is amended to read:
AB297-ASA1,8,1916
48.983
(6) (a) (intro.) The part of an application, other than a renewal
17application, submitted by a county,
other than a county with a population of 500,000
18or more private agency, or
an Indian tribe that relates to home visitation programs
19shall include all of the following:
AB297-ASA1,9,322
48.983
(6) (a) 1. Information on how the applicant's home visitation program
23is comprehensive
and, incorporates practice standards that have been developed for
24home visitation programs by entities concerned with the prevention of poor birth
25outcomes and child abuse and neglect and that are acceptable to the department
, and
1incorporates practice standards and critical elements that have been developed for
2successful home visitation programs by a nationally recognized home visitation
3program model and that are acceptable to the department.
AB297-ASA1,9,106
48.983
(6) (a) 3. An identification of existing poor birth outcome and child abuse
7and neglect prevention services that are available to residents of the county
, the area
8in which the private agency is providing services, or
the reservation of the Indian
9tribe and a description of how those services and any additional needed services will
10support a comprehensive home visitation program.
AB297-ASA1, s. 16
11Section
16. 48.983 (6) (a) 6. of the statutes is amended to read:
AB297-ASA1,9,1612
48.983
(6) (a) 6. An identification of how the home visitation program is
13comprehensive and incorporates the practice standards
for and critical elements for
14successful home visitation programs referred to in subd. 1., including how services
15will vary in intensity levels depending on the needs and strengths of the
16participating family.
AB297-ASA1, s. 17
17Section
17. 48.983 (6) (b) 4. of the statutes is amended to read:
AB297-ASA1,9,2218
48.983
(6) (b) 4. `Nonentitlement.' No individual is entitled to any payment
19from a fund established under subd. 1. or 2. Nothing in this section shall be construed
20as requiring a county
, private agency, or Indian tribe to make a determination
21described in sub. (1) (b) 2. A determination described in sub. (1) (b) 2. may not be
22construed to be a determination described in s. 48.981 (3) (c) 4.
AB297-ASA1,9,2624
48.983
(6) (c)
Case management benefit. The applicant
, other than a county
25with a population of 500,000 or more, states in the grant application that it has
1elected, or, if selected, that it will elect, under s. 49.45 (25) (b), to make the case
2management benefit under s. 49.45 (25) available to the category of beneficiaries
3under s. 49.45 (25) (am) 9. who are children and who are members of families
4receiving home visitation program services under sub. (4) (b) 1.
AB297-ASA1,10,96
48.983
(6) (g)
Private agency applicant. If the applicant is a private agency, the
7applicant submits documentation with the grant application that demonstrates that
8the application is supported by a county and that a county will collaborate with the
9private agency in providing services.
AB297-ASA1,10,1611
48.983
(6g) (b) A county
, private agency, or Indian tribe that is selected to
12participate in the program under this section shall provide or shall designate an
13individual or entity to provide an explanation of the confidentiality requirements
14under par. (a) to each individual who is offered an assessment under sub. (4) (b) or
15who is offered services under the home visitation program of the county
, private
16agency, or Indian tribe.
AB297-ASA1, s. 21
17Section
21. 48.983 (7) (ag) and (ar) of the statutes are created to read:
AB297-ASA1,10,2218
48.983
(7) (ag) The department shall evaluate the availability of home
19visitation programs in the state and determine whether there are gaps in home
20visitation services in the state. The department shall cooperate with counties,
21private agencies, and Indian tribes providing home visitation programs to address
22any gaps in services identified.