2009 - 2010 LEGISLATURE
June 2, 2009 - Introduced by Joint Legislative Council. Referred to Committee
on Children and Families.
AB297,1,8
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
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Special Committee on Strengthening Wisconsin Families.
Under current law, the Department of Children and Families (DCF) distributes
grants for the prevention of child abuse and neglect under a program commonly referred
to as "Family Foundations." DCF may distribute this funding to six rural counties, three
urban counties, and two Indian tribes.
The amount of funding that each county (other than a county with a population of
500,000 or more; currently, only Milwaukee County) or Indian tribe receives in excess of
the $10,000 minimum grant amount is based on the number of births funded by medical
assistance (MA) in that county or in the reservation of the tribe in proportion to the
number of MA-funded births in all counties and the reservations of all tribes selected to
participate in the program. Milwaukee County's grant award is based on 60 percent of
the number of MA-funded births in that county in proportion to the number of
MA-funded births in all counties and the reservations of all tribes selected to participate
in the program.
Except for Milwaukee County, the grant funds may be used for a home visitation
program for first-time parents who are eligible for MA and to support the cost of case
management. In all counties and tribes, grants may also be used to provide intervention
services and flexible funds to participating families for appropriate expenses. DCF is
required to provide technical assistance and training to programs receiving a grant.
The bill makes the following changes to current law:
• Provides that a private agency may participate in Family Foundations.
• Deletes the provision requiring funding to be distributed to six rural counties,
three urban counties, and two Indian tribes.
• Deletes references to Milwaukee County so that Milwaukee County may use
grant funds to provide home visitation and case management services.
• Requires counties, private agencies, and Indian tribes that receive a grant to
agree to match at least 25 percent of the grant amount annually in funds or in-kind
contributions.
• Deletes the current formula for determining the amount of a grant in excess of
the minimum $10,000 grant amount and instead requires DCF to determine the amount
of a grant in excess of $10,000 based upon the number of MA-funded births in the county,
the area in which the private agency is providing services, or the reservation of the tribe.
• Provides that if a family with a child identified as being at risk of abuse or neglect
has been continuously receiving home visitation program services for not less than 12
months, those services may continue to be provided until the child reaches three years
of age, regardless of whether the child continues to be eligible for MA.
• 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.
• 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.
• Requires a private agency that applies for participation in Family Foundations
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.
• Requires DCF to evaluate the availability of home visitation programs in the
state and determine whether there are gaps in home visitation services. DCF must then
cooperate with counties, private agencies, and Indian tribes providing home visitation
programs to address any gaps identified.
• Requires each county, private agency, and Indian tribe providing a home
visitation program to collect and report data as required by DCF, using forms prescribed
by DCF.
• Requires each county, private agency, and Indian tribe providing a home
visitation program to develop a plan for evaluating the effectiveness of its program for
approval by DCF. The bill sets forth outcomes that must be tracked and measured. The
evaluation must be used to improve the quality and outcomes of the home visitation
program.
• Provides that 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. 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.
• Requires DCF to cooperate with the Child Abuse and Neglect Prevention Board
to ensure that employees and managers of home visitation programs receive training and
other services to develop and maintain competencies in providing home visitation
services to families.
AB297, s. 1
1Section
1. 48.983 (1) (b) 1. c. of the statutes is amended to read:
AB297,3,92
48.983
(1) (b) 1. c. A family that includes a person who has contacted a county
3department
, a private agency, or
an Indian tribe that has been awarded a grant
4under this section or, in a county having a population of 500,000 or more that has
5been awarded a grant under this section, the department
, a private agency, or a
6licensed child welfare agency under contract with the department requesting
7assistance to prevent abuse or neglect of a child in the person's family and with
8respect to which an individual responding to the request has determined that all of
9the conditions in subd. 2. exist.
Note: Adds references to private agencies.
AB297, s. 2
10Section
2. 48.983 (1) (gm) of the statutes is created to read:
AB297,3,1311
48.983
(1) (gm) "Private agency" means an organization operated for profit or
12a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as
13defined in s. 181.0103 (17).
Note: Defines "private agency" for purposes of eligibility for participation in
Family Foundations.
AB297, s. 3
1Section
3. 48.983 (1) (i) and (j) of the statutes are repealed.
Note: Repeals the definitions of "rural county" and "urban county."
AB297, s. 4
2Section
4. 48.983 (2) of the statutes is amended to read:
AB297,4,223
48.983
(2) Funds provided. If a county
, private agency, or Indian tribe applies
4and is selected by the department under sub. (5) to participate in the program under
5this section, the department shall award, from the appropriation under s. 20.437 (2)
6(ab), a grant annually to be used only for the purposes specified in sub. (4) (a) and
7(am). The minimum amount of a grant is $10,000.
The county, private agency, or
8Indian tribe shall agree to match at least 25 percent of the grant amount annually
9in funds or in-kind contributions. The department shall determine the amount of
10a grant awarded to a county,
other than a county with a population of 500,000 or more 11private agency, or Indian tribe in excess of the minimum amount based on the
12number of births that are funded by medical assistance under subch. IV of ch. 49 in
13that county
, the area in which that private agency is providing services, or the
14reservation of that Indian tribe
in proportion to the number of births that are funded
15by medical assistance under subch. IV of ch. 49 in all of the counties and the
16reservations of all of the Indian tribes to which grants are awarded under this
17section. The department shall determine the amount of a grant awarded to a county
18with a population of 500,000 or more in excess of the minimum amount based on 60%
19of the number of births that are funded by medical assistance under subch. IV of ch.
2049 in that county in proportion to the number of births that are funded by medical
21assistance under subch. IV of ch. 49 in all of the counties and the reservations of all
22of the Indian tribes to which grants are awarded under this section.
Note: Requires a county, private agency, or Indian tribe that receives a grant to
agree to match at least 25 percent of the grant amount annually in funds or in-kind
contributions. Deletes the formula for awarding grants above $10,000 and, instead,
requires DCF to determine the amount of the grant in excess of $10,000 based upon the
number of births that are funded by MA in that county, the area in which the private
agency is providing services, or the reservation of the Indian tribe. Deletes the formula
for awarding grants to Milwaukee County so that a grant awarded to Milwaukee County
is calculated using the same formula as other counties.
AB297, s. 5
1Section
5. 48.983 (3) (title) and (a) of the statutes are repealed.
Note: Repeals a provision of current law specifying how many counties and Indian
tribes may be selected for grants in the 1997-99 state fiscal biennium.
AB297, s. 6
2Section
6. 48.983 (3) (b) of the statutes is renumbered 48.983 (3) and amended
3to read:
AB297,5,84
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.
Note: Repeals language relating to the limit on the number of counties and Indian
tribes that may be selected for grants in the 1997-99 state fiscal biennium. Adds private
agencies to the list of entities that can submit a joint application.
AB297, s. 7
9Section
7. 48.983 (4) (a) 4m. of the statutes is amended to read:
AB297,5,1510
48.983
(4) (a) 4m.
Other than in a county with a population of 500,000 or more,
11to To reimburse a case management provider under s. 49.45 (25) (b) for the amount
12of the allowable charges under the medical assistance program that is not provided
13by the federal government for case management services provided to a medical
14assistance beneficiary described in s. 49.45 (25) (am) 9. who is a child and who is a
15member of a family that receives home visitation program services under par. (b) 1.
Note: Deletes a reference to Milwaukee County.
AB297, s. 8
16Section
8. 48.983 (4) (am) of the statutes is amended to read:
AB297,6,517
48.983
(4) (am)
Grants; start-up costs and capacity building. In the first year
18in which a grant under this section is awarded to a county
, private agency, or Indian
1tribe, the county
, private agency, or Indian tribe may use a portion of the grant to pay
2for start-up costs and capacity building related to the program under this section.
3The department shall determine the maximum amount of a grant that a county
,
4private agency, or Indian tribe may use to pay for those start-up costs and that
5capacity building.
Note: Adds references to private agencies.
AB297, s. 9
6Section
9. 48.983 (4) (b) 1. of the statutes is amended to read:
AB297,7,97
48.983
(4) (b) 1. A county,
other than a county with a population of 500,000 or
8more private agency, or
an Indian tribe that is selected to participate in the program
9under this section shall select persons who are first-time parents and who are
10eligible for medical assistance under subch. IV of ch. 49 and shall offer each of those
11persons an opportunity to undergo an assessment through use of a risk assessment
12instrument to determine whether the parent presents risk factors for perpetrating
13child abuse or neglect. Persons who are selected and who agree to be assessed shall
14be assessed during the prenatal period, if possible, or as close to the time of the child's
15birth as possible. The risk assessment instrument shall be developed by the
16department and shall be based on risk assessment instruments developed by the
17department for similar programs that are in operation. The department need not
18promulgate as rules under ch. 227 the risk assessment instrument developed under
19this subdivision. A person who is assessed to be at risk of abusing or neglecting his
20or her child shall be offered home visitation program services. Home visitation
21program services may be provided to a family with a child identified as being at risk
22of child abuse or neglect until the identified child reaches 3 years of age.
If a family
23has been receiving home visitation program services continuously for not less than
2412 months, those services may continue to be provided to the family until the
1identified child reaches 3 years of age, regardless of whether the child continues to
2be eligible for medical assistance under subch. IV of ch. 49. If risk factors for child
3abuse or neglect with respect to the identified child continue to be present when the
4child reaches 3 years of age, home visitation program services may be provided until
5the identified child reaches 5 years of age. Home visitation program services may
6not be provided to a person unless the person gives his or her written informed
7consent to receiving those services or, if the person is a child, unless the child's
8parent, guardian
, or legal custodian gives his or her written informed consent for the
9child to receive those services.
Note: Deletes a reference to Milwaukee County. Adds a reference to private
agencies. Also, specifies that if a family with a child identified as being at risk of child
abuse or neglect has been continuously receiving home visitation program services for not
less than 12 months, those services may continue to be provided until the identified child
reaches three years of age, regardless of whether the child continues to be eligible for MA.
AB297, s. 10
10Section
10. 48.983 (4) (b) 2. and 3. of the statutes are amended to read:
AB297,7,1911
48.983
(4) (b) 2. The counties
, private agencies, and Indian tribes that are
12selected to participate in the program under this section may permit a person who
13is not a first-time parent or who is not eligible for medical assistance under subch.
14IV of ch. 49 to undergo the risk assessment and to participate in the home visitation
15program if that person presents risk factors for perpetrating child abuse or neglect.
16No payments from the fund under sub. (6) (b) 1. may be made to a person described
17in this subdivision. No reimbursement to a case management provider under s. 49.45
18(25) (b) for services provided to a person described in this subdivision may be made
19from grant moneys received under this section.
AB297,8,220
3. A county
, private agency, or Indian tribe that is providing home visitation
21program services under subd. 1. or 2. shall provide to a person receiving those
1services the information relating to shaken baby syndrome and impacted babies
2required under s. 253.15 (6).
Note: Adds references to private agencies.
AB297, s. 11
3Section
11. 48.983 (5) of the statutes is amended to read:
AB297,8,244
48.983
(5) Selection of counties, private agencies, and Indian tribes. The
5department shall provide competitive application procedures for selecting counties
,
6private agencies, and Indian tribes for participation in the program under this
7section. The department shall establish a method for ranking applicants for
8selection based on the quality of their applications. In ranking the applications
9submitted by counties, the department shall give favorable consideration
to a county,
10private agency, or Indian tribe that submits a joint application under sub. (3) and to
11a county that has indicated under sub. (6) (d) 2. that it is willing to use a portion of
12any moneys distributed to the county under s. 48.565 (2) (a) to provide case
13management services to a medical assistance beneficiary under s. 49.45 (25) (am) 9.
14who is a case or who is a member of a family that is a case and that has explained
15under sub. (6) (d) 2. how the county plans to use that portion of those moneys to
16promote the provision of those services for the case by using a wraparound process
17so as to provide those services in a flexible, comprehensive and individualized
18manner in order to reduce the necessity for court-ordered services. The department
19shall also provide application requirements and procedures for the renewal of a grant
20awarded under this section. The application procedures and the renewal application
21requirements and procedures shall be clear and understandable to the applicants.
22The department need not promulgate as rules under ch. 227 the application
23procedures, the renewal application requirements or procedures or the method for
24ranking applicants established under this subsection.
Note: Requires that DCF give favorable consideration in the application process
to a county, private agency, or Indian tribe that submits a joint application.
AB297, s. 12
1Section
12. 48.983 (6) (intro.) of the statutes is amended to read:
AB297,9,52
48.983
(6) Criteria for awarding grants. (intro.) In addition to any other
3criteria developed by the department, a county
, private agency, or Indian tribe shall
4meet all of the following criteria in order to be selected for participation in the
5program under this section:
Note: Adds a reference to private agencies.
AB297, s. 13
6Section
13. 48.983 (6) (a) (intro.) of the statutes is amended to read:
AB297,9,107
48.983
(6) (a) (intro.) The part of an application, other than a renewal
8application, submitted by a county,
other than a county with a population of 500,000
9or more private agency, or
an Indian tribe that relates to home visitation programs
10shall include all of the following:
Note: Deletes a reference to Milwaukee County. Adds a reference to private
agencies.
AB297, s. 14
11Section
14. 48.983 (6) (a) 1. of the statutes is amended to read:
AB297,9,1612
48.983
(6) (a) 1. Information on how the applicant's home visitation program
13is comprehensive and incorporates practice standards
and critical elements that
14have been developed for
successful home visitation programs by
entities concerned
15with the prevention of child abuse and neglect a nationally recognized home
16visitation program model and that are acceptable to the department.
Note: Modifies current law relating to information that must be provided about
an applicant's home visitation program.
AB297, s. 15
17Section
15. 48.983 (6) (a) 3. of the statutes is amended to read:
AB297,9,2018
48.983
(6) (a) 3. An identification of existing child abuse and neglect prevention
19services that are available to residents of the county
, the area in which the private
20agency is providing services, or
the reservation of the Indian tribe and a description
1of how those services and any additional needed services will support a
2comprehensive home visitation program.
Note: Adds a reference to the area served by a private agency.
AB297, s. 16
3Section
16. 48.983 (6) (a) 6. of the statutes is amended to read:
AB297,10,84
48.983
(6) (a) 6. An identification of how the home visitation program is
5comprehensive and incorporates the practice standards
for and critical elements for
6successful home visitation programs referred to in subd. 1., including how services
7will vary in intensity levels depending on the needs and strengths of the
8participating family.
Note: Modifies current law relating to information that must be provided about
an applicant's home visitation program.
AB297, s. 17
9Section
17. 48.983 (6) (b) 4. of the statutes is amended to read:
AB297,10,1410
48.983
(6) (b) 4. `Nonentitlement.' No individual is entitled to any payment
11from a fund established under subd. 1. or 2. Nothing in this section shall be construed
12as requiring a county
, private agency, or Indian tribe to make a determination
13described in sub. (1) (b) 2. A determination described in sub. (1) (b) 2. may not be
14construed to be a determination described in s. 48.981 (3) (c) 4.
Note: Adds a reference to private agencies.
AB297, s. 18
15Section
18. 48.983 (6) (c) of the statutes is amended to read:
AB297,10,2116
48.983
(6) (c)
Case management benefit. The applicant
, other than a county
17with a population of 500,000 or more, states in the grant application that it has
18elected, or, if selected, that it will elect, under s. 49.45 (25) (b), to make the case
19management benefit under s. 49.45 (25) available to the category of beneficiaries
20under s. 49.45 (25) (am) 9. who are children and who are members of families
21receiving home visitation program services under sub. (4) (b) 1.
Note: Deletes a reference to Milwaukee County.
AB297, s. 19
1Section
19. 48.983 (6) (f) of the statutes is created to read:
AB297,11,52
48.983
(6) (f)
Private agency applicant. If the applicant is a private agency, the
3applicant submits documentation with the grant application that demonstrates that
4the application is supported by a county and that a county will collaborate with the
5private agency in providing services.
Note: Requires a private agency that applies for participation in Family
Foundations 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.