AB75-ASA1,545,324
48.981
(3m) Alternative response pilot program. (a) In this subsection,
25"substantial abuse or neglect" means abuse or neglect or threatened abuse or neglect
1that under the guidelines developed by the department under par. (b) constitutes
2severe abuse or neglect or a threat of severe abuse or neglect and a significant threat
3to the safety of a child and his or her family.
AB75-ASA1,545,174
(b) The department shall establish a pilot program under which an agency in
5a county having a population of 500,000 or more or a county department that is
6selected to participate in the pilot program may employ alternative responses to a
7report of abuse or neglect or of threatened abuse or neglect. The department shall
8select an agency in a county having a population of 500,000 or more and not more
9than 4 county departments to participate in the pilot program in accordance with the
10department's request-for-proposal procedures and according to criteria developed
11by the department. Those criteria shall include an assessment of the plan of an
12agency or county department for involving the community in providing services for
13a family that is participating in the pilot program and a determination of whether
14an agency or a county department has an agreement with local law enforcement
15agencies and the representative of the public under s. 48.09 to ensure interagency
16cooperation in implementing the pilot program. To implement the pilot program, the
17department shall provide all of the following:
AB75-ASA1,545,2218
1. Guidelines for determining the appropriate alternative response to a report
19of abuse or neglect or of threatened abuse or neglect, including guidelines for
20determining what types of abuse or neglect or threatened abuse or neglect constitute
21substantial abuse or neglect. The department need not promulgate those guidelines
22as rules under ch. 227.
AB75-ASA1,545,2423
2. Training and technical assistance for an agency or county department that
24is selected to participate in the pilot program.
AB75-ASA1,546,5
1(c) Immediately after receiving a report under sub. (3) (a), an agency or county
2department that is participating in the pilot program shall evaluate the report to
3determine the most appropriate alternative response under subds. 1. to 3. to the
4report. Based on that evaluation, the agency or county department shall respond to
5the report as follows:
AB75-ASA1,546,166
1. If the agency or county department determines that there is reason to
7suspect that substantial abuse or neglect has occurred or is likely to occur or that an
8investigation under sub. (3) is otherwise necessary to ensure the safety of the child
9and his or her family, the agency or county department shall investigate the report
10as provided in sub. (3). If in conducting that investigation the agency or county
11department determines that it is not necessary for the safety of the child and his or
12her family to complete the investigation, the agency or county department may
13terminate the investigation and conduct an assessment under subd. 2. If the agency
14or county department terminates an investigation, the agency or county department
15shall document the reasons for terminating the investigation and notify any law
16enforcement agency that is cooperating in the investigation.
AB75-ASA1,547,217
2. a. If the agency or county department determines that there is reason to
18suspect that abuse or neglect, other than substantial abuse or neglect, has occurred
19or is likely to occur, but that under the guidelines developed by the department under
20par. (b) there is no immediate threat to the safety of the child and his or her family
21and court intervention is not necessary, the agency or county department shall
22conduct a comprehensive assessment of the safety of the child and his or her family,
23the risk of subsequent abuse or neglect, and the strengths and needs of the child's
24family to determine whether services are needed to address those issues assessed
25and, based on the assessment, shall offer to provide appropriate services to the child's
1family on a voluntary basis or refer the child's family to a service provider in the
2community for the provision of those services.
AB75-ASA1,547,123
b. If the agency or county department employs the assessment response under
4subd. 2. a., the agency or county department is not required to refer the report to the
5sheriff or police department under sub. (3) (a) 3. or determine by a preponderance of
6the evidence under sub. (3) (c) 4. that abuse or neglect has occurred or is likely to
7occur or that a specific person has abused or neglected the child. If in conducting the
8assessment the agency or county department determines that there is reason to
9suspect that substantial abuse or neglect has occurred or is likely to occur or that an
10investigation under sub. (3) is otherwise necessary to ensure the safety of the child
11and his or her family, the agency or county department shall immediately commence
12an investigation under sub. (3).
AB75-ASA1,547,2213
3. If the agency or county department determines that there is no reason to
14suspect that abuse or neglect has occurred or is likely to occur, the agency or county
15department shall refer the child's family to a service provider in the community for
16the provision of appropriate services on a voluntary basis. If the agency or county
17department employs the community services response under this subdivision, the
18agency or county department is not required to conduct an assessment under subd.
192., refer the report to the sheriff or police department under sub. (3) (a) 3., or
20determine by a preponderance of the evidence under sub. (3) (c) 4. that abuse or
21neglect has occurred or is likely to occur or that a specific person has abused or
22neglected the child.
AB75-ASA1,548,423
(d) The department shall conduct an evaluation of the pilot program and, by
24July 1, 2012, shall submit a report of that evaluation to the governor and to the
25appropriate standing committees of the legislature under s. 13.172 (3). The
1evaluation shall assess the issues encountered in implementing the pilot program
2and the overall operations of the pilot program, include specific measurements of the
3effectiveness of the pilot program, and make recommendations to improve that
4effectiveness. Those specific measurements shall include all of the following:
AB75-ASA1,548,65
1. The turnover rate of the agency or county department caseworkers providing
6services under the pilot program.
AB75-ASA1,548,87
2. The number of families referred for each type of response specified in par.
8(c) 1. to 3.
AB75-ASA1,548,109
3. The number of families that accepted, and the number of families that
10declined to accept, services offered under par. (c) 2. and 3.
AB75-ASA1,548,1211
4. The effectiveness of the evaluation under par. (c) (intro.) in determining the
12appropriate response under par. (c) 1. to 3.
AB75-ASA1,548,1413
5. The impact of the pilot program on the number of out-of-home placements
14of children by the agencies or county departments participating in the pilot program.
AB75-ASA1,548,1715
6. The availability of services to address the issues of child and family safety,
16risk of subsequent abuse or neglect, and family strengths and needs in the
17communities served under the pilot project.
AB75-ASA1,548,2018
7g. The rate at which children referred for each type of response specified in
19par. (c) 1. to 3. are subsequently the subjects of reports of suspected or threatened
20abuse or neglect.
AB75-ASA1,548,2221
7m. The satisfaction of families referred for each type of response specified in
22par. (c) 1. to 3. with the process used to respond to those referrals.
AB75-ASA1,548,2423
7r. The cost effectiveness of responding to reports of suspected or threatened
24abuse or neglect in the manner provided under the pilot program.
AB75-ASA1,549,5
148.981
(7) (a) 4. A child's foster parent
, treatment foster parent or other person
2having physical custody of the child or a person having physical custody of the
3expectant mother of an unborn child, except that the person or agency maintaining
4the record or report may not disclose any information that would identify the
5reporter.
AB75-ASA1,549,117
48.981
(7) (a) 4m. A relative of a child placed outside of his or her home only
8to the extent necessary to facilitate the establishment of a relationship between the
9child and the relative or a placement of the child with the relative. In this
10subdivision, "relative" includes a relative whose relationship is derived through a
11parent of the child whose parental rights are terminated.
AB75-ASA1, s. 1102
12Section
1102. 48.983 (1) (b) 1. c. of the statutes is amended to read:
AB75-ASA1,549,1913
48.983
(1) (b) 1. c. A family that includes a person who has contacted a county
14department or an Indian tribe that has been awarded a grant under this section or,
15in a county having a population of 500,000 or more that has been awarded a grant
16under this section, the department or a licensed child welfare agency under contract
17with the department requesting assistance to prevent
poor birth outcomes or abuse
18or neglect of a child in the person's family and with respect to which an individual
19responding to the request has determined that all of the conditions in subd. 2. exist.
AB75-ASA1, s. 1103
20Section
1103. 48.983 (1) (b) 2. a. of the statutes is amended to read:
AB75-ASA1,549,2221
48.983
(1) (b) 2. a. There is a substantial risk of
poor birth outcomes or future
22abuse or neglect of a child in the family if assistance is not provided.
AB75-ASA1,550,2524
48.983
(2) Funds provided. If a county or Indian tribe applies and is selected
25by the department under sub. (5) to participate in the program under this section,
1the department shall award, from the appropriation under s. 20.437
(2) (1) (ab), a
2grant annually to be used only for the purposes specified in sub. (4) (a) and (am). The
3minimum amount of a grant is $10,000. The department shall determine the amount
4of a grant awarded to a county, other than a county with a population of 500,000 or
5more, or Indian tribe in excess of the minimum amount based on the
need of the
6county or Indian tribe for a grant, as determined by a formula that the department
7shall promulgate by rule. That formula shall determine that need based on the 8number of births that are funded by
medical assistance
Medical Assistance under
9subch. IV of ch. 49 in that county or the reservation of that Indian tribe
in proportion
10to the number of births that are funded by medical assistance under subch. IV of ch.
1149 in all of the counties and the reservations of all of the Indian tribes to which grants
12are awarded under this section and on the rate of poor birth outcomes, including
13infant mortality, premature births, low birth weights, and racial or ethnic
14disproportionality in the rates of those outcomes, in that county or the reservation
15of that Indian tribe. The department shall determine the amount of a grant awarded
16to a county with a population of 500,000 or more in excess of the minimum amount
17based on
the need of the county for a grant, as determined by a formula that the
18department shall promulgate by rule. That formula shall determine that need based
19on 60% of the number of births that are funded by
medical assistance Medical
20Assistance under subch. IV of ch. 49 in that county
in proportion to the number of
21births that are funded by medical assistance under subch. IV of ch. 49 in all of the
22counties and the reservations of all of the Indian tribes to which grants are awarded
23under this section 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.
AB75-ASA1,551,82
48.983
(4) (a) 4m. Other than in a county with a population of 500,000 or more,
3to reimburse a case management provider under s. 49.45 (25) (b) for the amount of
4the allowable charges under the
medical assistance
Medical Assistance program
5that is not provided by the federal government for case management services
6provided to a
medical assistance Medical Assistance beneficiary described in s. 49.45
7(25) (am) 9. who is a child and who is a member of a family that receives home
8visitation program services under par. (b) 1.
AB75-ASA1,552,1310
48.983
(4) (b) 1. A county, other than a county with a population of 500,000 or
11more, or an Indian tribe that is selected to participate in the program under this
12section shall
select persons who are first-time parents and offer all pregnant women
13in the county or the reservation of the tribe who are eligible for
medical assistance 14Medical Assistance under subch. IV of ch. 49
and shall offer each of those persons an
15opportunity to undergo an assessment through use of a risk assessment instrument
16to determine whether the
parent person assessed presents risk factors
for poor birth
17outcomes or for perpetrating child abuse or neglect. Persons who
are selected and
18who agree to be assessed shall be assessed during the prenatal period
, if possible, or
19as close to the time of the child's birth as possible. The risk assessment instrument
20shall be developed by the department and shall be based on risk assessment
21instruments developed by the department for similar programs that are in operation.
22The department need not promulgate as rules under ch. 227 the risk assessment
23instrument developed under this subdivision. A person who is assessed to be at risk
24of poor birth outcomes or of abusing or neglecting his or her child shall be offered
25home visitation program services
that shall be commenced during the prenatal
1period. Home visitation program services may be provided to a family with a child
2identified as being at risk of child abuse or neglect until the identified child reaches
33 years of age.
If a family has been receiving home visitation program services
4continuously for not less than 12 months, those services may continue to be provided
5to the family until the identified child reaches 3 years of age, regardless of whether
6the child continues to be eligible for Medical Assistance under subch. IV of ch. 49. 7If risk factors for child abuse or neglect with respect to the identified child continue
8to be present when the child reaches 3 years of age, home visitation program services
9may be provided until the identified child reaches 5 years of age. Home visitation
10program services may not be provided to a person unless the person gives his or her
11written informed consent to receiving those services or, if the person is a child, unless
12the child's parent, guardian or legal custodian gives his or her written informed
13consent for the child to receive those services.
AB75-ASA1,552,1916
48.983
(4) (b) 3. A county or Indian tribe that is providing home visitation
17program services under subd. 1.
or 2. shall provide to a person receiving those
18services the information relating to shaken baby syndrome and impacted babies
19required under s. 253.15 (6).
AB75-ASA1,553,1521
48.983
(5) Selection of counties and Indian tribes. The department shall
22provide competitive application procedures for selecting counties and Indian tribes
23for participation in the program under this section. The department shall establish
24a method for ranking applicants for selection based on the quality of their
25applications. In ranking the applications submitted by counties, the department
1shall give favorable consideration to a county that has indicated under sub. (6) (d)
22. that it is willing to use a portion of any moneys distributed to the county under s.
348.565 (2) (a) to provide case management services to a
medical assistance Medical
4Assistance beneficiary under s. 49.45 (25) (am) 9. who is a case or who is a member
5of a family that is a case and that has explained under sub. (6) (d) 2. how the county
6plans to use that portion of those moneys to promote the provision of those services
7for the case by using a wraparound process so as to provide those services in a
8flexible, comprehensive and individualized manner in order to reduce the necessity
9for court-ordered services. The department shall also provide application
10requirements and procedures for the renewal of a grant awarded under this section.
11The application procedures and the renewal application requirements and
12procedures shall be clear and understandable to the applicants. The department
13need not promulgate as rules under ch. 227 the application procedures, the renewal
14application requirements or procedures
, or the method for ranking applicants
15established under this subsection.
AB75-ASA1,553,2017
48.983
(6) (a) 1. Information on how the applicant's home visitation program
18is comprehensive and incorporates practice standards that have been developed for
19home visitation programs by entities concerned with the prevention of
poor birth
20outcomes and child abuse and neglect and that are acceptable to the department.
AB75-ASA1,554,222
48.983
(6) (a) 2. Documentation that the application was developed through
23collaboration among public and private organizations that provide services to
24children
and families, especially children who are at risk of child abuse or neglect
and
25families that are at risk of poor birth outcomes, or that are otherwise interested in
1child welfare and a description of how that collaboration effort will support a
2comprehensive home visitation program.
AB75-ASA1,554,74
48.983
(6) (a) 3. An identification of existing
poor birth outcome and child abuse
5and neglect prevention services that are available to residents of the county or
6reservation of the Indian tribe and a description of how those services and any
7additional needed services will support a comprehensive home visitation program.
AB75-ASA1,554,129
48.983
(6) (a) 4. An explanation of how the home visitation program will build
10on existing
poor birth outcome and child abuse and neglect prevention programs,
11including programs that provide support to families, and how the home visitation
12program will coordinate with those programs.
AB75-ASA1,554,1714
48.983
(6) (a) 5. An explanation of how the applicant, in collaboration with local
15prenatal care coordination providers, will implement strategies aimed at achieving
16healthy birth outcomes, as determined by performance measures prescribed by the
17department of health services, in the county or reservation of the Indian tribe.
AB75-ASA1,555,419
48.983
(6) (b) 1. `Flexible fund for home visitation programs.' The applicant
20demonstrates in the application that the applicant has established, or has plans to
21establish, if selected, a fund from which payments totaling not
more than $1,000 less
22than $250 per calendar year may be made for appropriate expenses of each family
23that is participating in the home visitation program under sub. (4) (b) 1. or that is
24receiving home visitation services under s. 49.45 (44). The payments shall be
25authorized by an individual designated by the applicant. If an applicant makes a
1payment to or on behalf of a family under this subdivision, one-half of the payment
2shall be from grant moneys received under this section and one-half of the payment
3shall be from moneys provided by the applicant from sources other than grant
4moneys received under this section.
AB75-ASA1,555,196
48.983
(6) (b) 2. `Flexible fund for cases.' The applicant demonstrates in the
7grant application that the applicant has established, or has plans to establish, if
8selected, a fund from which payments totaling not
more than $500 less than $250 for
9each case may be made for appropriate expenses related to the case. The payments
10shall be authorized by an individual designated by the applicant. If an applicant
11makes a payment to or on behalf of a person under this subdivision, one-half of the
12payment shall be from grant moneys received under this section and one-half of the
13payment shall be from moneys provided by the applicant from sources other than
14grant moneys received under this section. The applicant shall demonstrate in the
15grant application that it has established, or has plans to establish, if selected,
16procedures to encourage, when appropriate, a person to whom or on whose behalf
17payments are made under this subdivision to make a contribution to the fund
18described in this subdivision up to the amount of payments made to or on behalf of
19the person when the person's financial situation permits such a contribution.
AB75-ASA1,556,421
48.983
(6) (d) 2. The applicant indicates in the grant application whether the
22applicant is willing to use a portion of any moneys distributed to the applicant under
23s. 48.565 (2) (a) to provide case management services to a
medical assistance Medical
24Assistance beneficiary under s. 49.45 (25) (am) 9. who is a case or who is a member
25of a family that is a case. If the applicant is so willing, the applicant shall explain
1how the applicant plans to use that portion of those moneys to promote the provision
2of those services for the case by using a wraparound process so as to provide those
3services in a flexible, comprehensive and individualized manner in order to reduce
4the necessity for court-ordered services.
AB75-ASA1,556,136
48.983
(6) (f)
Reinvestment of Medical Assistance reimbursement. The
7applicant agrees to reinvest in the program under this section a portion of the
8reimbursement received by the applicant under the Medical Assistance program
9under subch. IV of ch. 49. The department and the applicant shall negotiate the
10amount of that reinvestment based on the applicant's administrative costs for billing
11the Medical Assistance program for reimbursement for services provided under this
12section and the ratio of Medical Assistance reimbursement received for those
13services to the amount billed to the Medical Assistance program for those services.
AB75-ASA1,556,2315
48.983
(6g) (a) Except as permitted or required under s. 48.981 (2), no person
16may use or disclose any information concerning any individual who is selected for an
17assessment under sub. (4) (b), including an individual who declines to undergo the
18assessment, or concerning any individual who is offered services under a home
19visitation program funded under this section, including an individual who declines
20to receive those services, unless the use or disclosure is connected with the
21administration of the home visitation program or the administration of the
medical
22assistance Medical Assistance program under ss. 49.43 to 49.497 or unless the
23individual has given his or her written informed consent to the use or disclosure.
AB75-ASA1,557,2
148.983
(7) (a) 1. The number of
poor birth outcomes and substantiated reports
2of child abuse and neglect.
AB75-ASA1,557,84
48.986
(4) A county may use the funds distributed under this section to fund
5additional foster parents
, treatment foster parents, and subsidized guardians or
6interim caretakers to care for abused and neglected children and to fund additional
7staff positions to provide services related to child abuse and neglect and to unborn
8child abuse.
AB75-ASA1,557,1210
49.001
(5p) "Relief block grant" means a block grant awarded to a county or
11tribal governing body under s. 49.025,
2009 stats., s. 49.027
or, 2009 stats., or s. 1249.029
, 2009 stats.
AB75-ASA1,557,2523
49.133
(1) The person has been convicted of a felony or misdemeanor that the
24department or county department under s. 46.215, 46.22
, or 46.23 determines
25substantially relates to the care of children
or to the operation of a business.
AB75-ASA1,558,52
49.133
(4) The department or county department under s. 46.215, 46.22, or
346.23 reasonably suspects that the person has intentionally and egregiously violated
4any provision under the program under which the payments are made or any rule
5related to the program.
AB75-ASA1,558,87
49.136
(1) (m) "Parent" means a parent, guardian, foster parent,
treatment
8foster parent, legal custodian
, or a person acting in the place of a parent.
AB75-ASA1,558,13
1049.139 Emergency shelter funding. From the appropriation account under
11s. 20.437 (2) (f), the department shall provide $50,000 annually, beginning on
12October 1, 2009, to the Emergency Shelter of the Fox Valley to provide services to
13homeless individuals and families.
AB75-ASA1,558,2215
49.141
(1) (s) "Wisconsin
works
Works group" means an individual who is a
16custodial parent, all dependent children with respect to whom the individual is a
17custodial parent
, and all dependent children with respect to whom the individual's
18dependent child is a custodial parent. "Wisconsin
works Works group" includes any
19nonmarital coparent or any spouse of the individual who resides in the same
20household as the individual and any dependent children with respect to whom the
21spouse or nonmarital coparent is a custodial parent.
"Wisconsin works group" does
22not include any person who is receiving benefits under s. 49.027 (3) (b).
AB75-ASA1,559,1024
49.143
(2) (b) Establish a children's services network. The children's services
25network shall provide information about community resources available to the
1dependent children in a Wisconsin works group, including charitable food and
2clothing centers; subsidized and low-income housing; transportation subsidies; the
3state supplemental food program for women, infants and children under s.
49.17 4253.06; and child care programs. In a county having a population of 500,000 or more,
5a children's services network shall, in addition, provide a forum for those persons
6who are interested in the delivery of child welfare services and other services to
7children and families in the geographical area under sub. (6) served by that
8children's services network to communicate with and make recommendations to the
9providers of those services in that geographical area with respect to the delivery of
10those services in that area.
AB75-ASA1,559,1512
49.143
(2) (em) Determine eligibility for
and administer child care assistance
13under s. 49.155
and refer eligible families to county departments under s. 46.215,
1446.22 or 46.23 for child care services, if the department contracts with the Wisconsin
15Works agency to do so.
AB75-ASA1, s. 1150
16Section
1150. 49.145 (2) (n) 1. (intro.) of the statutes is amended to read:
AB75-ASA1,559,2317
49.145
(2) (n) 1. (intro.) Except as provided in subd. 4.,
beginning on the date
18on which the individual has attained the age of 18, the total number of months in
19which the individual or any adult member of the individual's Wisconsin
works Works 20group has
participated in, or has received benefits under, received assistance under 21any of the following or any combination of the following does not exceed
60 months 22the federal time limit established under 42 USC 608 (a) (7), whether or not
23consecutive: