Amendment ASA1-AB40

AB40-ASA1, s. 1304m Section 1304m. 46.284 (2) (d) of the statutes is created to read:

AB40-ASA1,512,19 46.284 (2) (d) As a term of a contract with a care management organization under this section, the department shall prohibit a care management organization from including a provision that requires a provider to return any funding for residential services, prevocational services, or supported employment services that exceeds the cost of those services to the care management organization in a contract for services covered by the family care benefit.

AB40-ASA1, s. 1305 Section 1305. 46.284 (5) (a) of the statutes is amended to read:

AB40-ASA1,513,2 46.284 (5) (a) From the appropriation accounts under s. 20.435 (4) (b), (g), (gm), (im), (o), and (w) and (7) (b), (bd), and (g), the department shall provide funding on a capitated payment basis for the provision of services under this section. Notwithstanding s. 46.036 (3) and (5m), a care management organization that is under contract with the department may expend the funds, consistent with this section, including providing payment, on a capitated basis, to providers of services under the family care benefit.

AB40-ASA1, s. 1306 Section 1306. 46.29 (3) (e) of the statutes is amended to read:

AB40-ASA1,513,4 46.29 (3) (e) The secretary of commerce safety and professional services.

AB40-ASA1, s. 1307 Section 1307. 46.40 (9) (d) of the statutes is amended to read:

AB40-ASA1,513,12 46.40 (9) (d) Payment adjustments for certain Medical Assistance services. The department may decrease a county's allocation under sub. (2) by the amount of any payment adjustments under s. 49.45 (52) (a) made for that county from the appropriation account under s. 20.435 (7) (b) for services described under s. 49.45 (52) (a) 1. The total amount of the decrease for a county under this paragraph during any fiscal year may not exceed that part of the county's allocation under sub. (2) that derives from the appropriation account under s. 20.435 (7) (b) for that fiscal year.

AB40-ASA1, s. 1308 Section 1308. 46.40 (9) (e) of the statutes is created to read:

AB40-ASA1,513,17 46.40 (9) (e) County income maintenance administration. Beginning in calendar year 2012, the department shall decrease the allocation under sub. (2) for a county with a population of 750,000 or more from the appropriation under s. 20.435 (7) (b) by $2,700,000.

AB40-ASA1, s. 1311 Section 1311. 46.90 (1) (gr) 3. of the statutes is amended to read:

AB40-ASA1,513,20 46.90 (1) (gr) 3. The department of regulation and licensing safety and professional services.

AB40-ASA1, s. 1312 Section 1312. 46.90 (5m) (br) 5. of the statutes is amended to read:

AB40-ASA1,513,25 46.90 (5m) (br) 5. Refer the case to the department of regulation and licensing safety and professional services if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 460.

AB40-ASA1, s. 1313 Section 1313. 46.99 (3) of the statutes is amended to read:

AB40-ASA1,514,6 46.99 (3) If the waiver requested under sub. (2) is granted, counties shall provide to the department the nonfederal share of costs for medical assistance services provided under the waiver. Counties may use moneys appropriated under s. 20.435 (7) (bt) and distributed to counties under s. 51.44 (3) (a) to provide the nonfederal share of medical assistance costs.

AB40-ASA1, s. 1314 Section 1314. 46.99 (3m) of the statutes is created to read:

AB40-ASA1,514,10 46.99 (3m) If the waiver requested under sub. (2) is granted, counties shall provide to the department the nonfederal share of the cost incurred by an entity to administer the waiver program under this section.

AB40-ASA1, s. 1315 Section 1315. 46.99 (4) of the statutes is amended to read:

AB40-ASA1,514,18 46.99 (4) From the appropriation account under s. 20.435 (4) (o), the department shall may distribute to counties that provide services under this section the amount of federal moneys received by the state as the federal share of medical assistance for those services, minus the amount transferred to the appropriation account under s. 20.435 (7) (im) for the department's costs of administering this section. Counties shall use moneys distributed under this section to provide services under this section or s. 51.44.

AB40-ASA1, s. 1316 Section 1316. 46.995 of the statutes is created to read:

AB40-ASA1,514,24 46.995 Disabled children's long-term support program; local funding. (1) A county shall provide to the department the nonfederal share of the cost incurred by an entity to administer services provided without state funding under the disabled children's long-term support program for a child enrolled in the program after December 31, 2010.

AB40-ASA1,515,3 (2) A county shall provide to the department the nonfederal share of the cost of services provided without state funding under the disabled children's long-term support program.

AB40-ASA1, s. 1317 Section 1317. 47.03 (11) (a) of the statutes is amended to read:

AB40-ASA1,515,13 47.03 (11) (a) The department shall provide services, including vocational training, craft instruction and a supervised business initiatives program for persons with severe disabilities who are eligible for vocational rehabilitation services. Under this subsection, the department may own, lease, manage, supervise or operate businesses for the benefit of persons with severe disabilities, including home-based employment and craft work, with the ultimate objective of enabling persons with severe disabilities to operate their own businesses. The department shall assist persons with severe disabilities who receive these services in marketing the finished products.

AB40-ASA1, s. 1318 Section 1318. 47.03 (11) (c) of the statutes is repealed.

AB40-ASA1, s. 1319 Section 1319. 47.03 (11) (d) of the statutes is repealed.

AB40-ASA1, s. 1320 Section 1320. 47.03 (11) (e) of the statutes is repealed.

AB40-ASA1, s. 1321j Section 1321j. 48.38 (2) (f) of the statutes is amended to read:

AB40-ASA1,515,20 48.38 (2) (f) The child's care would be paid for under s. 49.19 but for s. 49.19 (20), except that this paragraph does not apply to a child whose care is being paid for under s. 48.623 (1).

AB40-ASA1, s. 1321k Section 1321k. 48.38 (4) (j) of the statutes is created to read:

AB40-ASA1,515,24 48.38 (4) (j) If the child is placed in the home of a relative or other person described in s. 48.623 (1) (b) 1. who will be receiving subsidized guardianship payments, a description of all of the following:

AB40-ASA1,516,2 1. The steps the agency has taken to determine that it is not appropriate for the child to be returned to his or her home or to be adopted.

AB40-ASA1,516,5 2. If a decision has been made not to place the child and his or her siblings, as defined in par. (br) 1., in a joint placement, the reasons for separating the child and his or her siblings during the placement.

AB40-ASA1,516,9 3. The reasons why a permanent placement with a fit and willing relative or other person described in s. 48.623 (1) (b) 1. through a subsidized guardianship arrangement is in the best interests of the child. In the case of an Indian child, the best interests of the Indian child shall be determined in accordance with s. 48.01 (2).

AB40-ASA1,516,12 4. The ways in which the child and the relative or other person described in s. 48.623 (1) (b) 1. meet the eligibility requirements specified in s. 48.623 (1) for the receipt of subsidized guardianship payments.

AB40-ASA1,516,16 5. The efforts the agency has made to discuss adoption of the child by the relative or other person described in s. 48.623 (1) (b) 1. as a more permanent alternative to guardianship and, if that relative or other person has chosen not to pursue adoption, documentation of the reasons for not pursuing adoption.

AB40-ASA1,516,19 6. The efforts the agency has made to discuss the subsidized guardianship arrangement with the child's parents or, if those efforts were not made, documentation of the reasons for not making those efforts.

AB40-ASA1, s. 1321n Section 1321n. 48.385 of the statutes is amended to read:

AB40-ASA1,517,9 48.385 Plan for transition to independent living. During the 90 days immediately before a child who is placed in a foster home, group home, subsidized guardianship home under s. 48.62 (5), group home, or residential care center for children and youth or in the home of a relative other than a parent attains 18 years of age or, if the child is placed in such a placement under an order under s. 48.355, 48.357, 48.365, 938.355, 938.357, or 938.365 that terminates under s. 48.355 (4) or 938.355 (4) after the child attains 18 years of age, during the 90 days immediately before the termination of the order, the agency primarily responsible for providing services to the child under the order shall provide the child with assistance and support in developing a plan for making the transition from out-of-home care to independent living. The transition plan shall be personalized at the direction of the child, shall be as detailed as the child directs, and shall include specific options for obtaining housing, health care, education, mentoring and continuing support services, and workforce support and employment services.

AB40-ASA1, s. 1323 Section 1323. 48.545 (2) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,517,17 48.545 (2) (a) (intro.) From the appropriations under s. 20.437 (1) (eg), (kb), and (nL), the department shall distribute $2,097,700 in each fiscal year to applying nonprofit corporations and public agencies operating in a county having a population of 500,000 or more, $1,171,800 in each fiscal year to applying county departments under s. 46.22, 46.23, 51.42, or 51.437 operating in counties other than a county having a population of 500,000 or more, and $55,000 in each fiscal year to Diverse and Resilient, Inc. to provide programs to accomplish all of the following:

AB40-ASA1, s. 1323d Section 1323d. 48.561 (3) (a) 3. of the statutes is amended to read:

AB40-ASA1,517,21 48.561 (3) (a) 3. Through a deduction of $20,101,300 from any state payment due that county under s. 79.03 79.035, 79.04, 79.058, 79.06, or 79.08 as provided in par. (b).

AB40-ASA1, s. 1323g Section 1323g. 48.561 (3) (b) of the statutes is amended to read:

AB40-ASA1,518,9 48.561 (3) (b) The department of administration shall collect the amount specified in par. (a) 3. from a county having a population of 500,000 or more by deducting all or part of that amount from any state payment due that county under s. 79.03 79.035, 79.04, 79.058, 79.06, or 79.08. The department of administration shall notify the department of revenue, by September 15 of each year, of the amount to be deducted from the state payments due under s. 79.03 79.035, 79.04, 79.058, 79.06, or 79.08. The department of administration shall credit all amounts collected under this paragraph to the appropriation account under s. 20.437 (1) (kw) and shall notify the county from which those amounts are collected of that collection. The department may not expend any moneys from the appropriation account under s. 20.437 (1) (cx) for providing services to children and families under s. 48.48 (17) until the amounts in the appropriation account under s. 20.437 (1) (kw) are exhausted.

AB40-ASA1, s. 1324 Section 1324. 48.563 (1) (a) of the statutes is amended to read:

AB40-ASA1,518,14 48.563 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.437 (1) (b), (km), and (o), the department shall distribute funds for children and family services to county departments as provided in subs. (2), (3), and (7m) and s. 48.986.

AB40-ASA1, s. 1324f Section 1324f. 48.563 (2) of the statutes is amended to read:

AB40-ASA1,518,19 48.563 (2) Basic county allocation. For children and family services under s. 48.569 (1) (d), the department shall distribute not more than $51,577,400 in fiscal year 2009-10 and not more than $63,264,700 in fiscal year 2010-11 and $66,475,500 in each fiscal year thereafter.

AB40-ASA1, s. 1325 Section 1325. 48.565 (2) (c) of the statutes is amended to read:

AB40-ASA1,518,23 48.565 (2) (c) The department shall credit to the appropriation account under s. 20.437 (3) (mp) (kp) any moneys carried forward under par. (a), but not distributed to counties, and may expend those moneys as provided in s. 48.567.

AB40-ASA1, s. 1326 Section 1326. 48.567 (1) of the statutes is amended to read:

AB40-ASA1,519,6 48.567 (1) From the appropriation account under s. 20.437 (3) (mp) (kp), the department shall support costs that are exclusively related to the ongoing and recurring operational costs of augmenting the amount of moneys received under 42 USC 670 to 679a and to any other purpose provided for by the legislature by law or in budget determinations. In addition, the department may expend moneys from the that appropriation account under s. 20.437 (3) (mp) as provided in subs. (1m) and (2).

AB40-ASA1, s. 1327 Section 1327. 48.567 (1m) of the statutes is amended to read:

AB40-ASA1,519,16 48.567 (1m) In addition to expending moneys from the appropriation account under s. 20.437 (3) (mp) (kp) for the augmentation activities specified in sub. (1), the department may expend moneys received under 42 USC 1396 to 1396v in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under 42 USC 670 to 679a and credited to the from that appropriation account under s. 20.437 (3) (mp) to support the counties' share of implementing the statewide automated child welfare information system under s. 46.22 (1) (c) 8. f. and to provide services to children and families under s. 48.48 (17).

AB40-ASA1, s. 1328 Section 1328. 48.567 (2) of the statutes is amended to read:

AB40-ASA1,520,7 48.567 (2) If the department proposes to use any moneys from the appropriation account under s. 20.437 (3) (mp) (kp) for any purpose other than the purposes specified in subs. (1) and (1m), the department shall submit a plan for the proposed use of those moneys to the secretary of administration by September 1 of the fiscal year after the fiscal year in which those moneys were received. If the secretary of administration approves the plan, he or she shall submit the plan to the joint committee on finance by October 1 of the fiscal year after the fiscal year in which those moneys were received. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan only with the approval of the committee.

AB40-ASA1, s. 1329 Section 1329. 48.569 (1) (am) of the statutes is amended to read:

AB40-ASA1,520,11 48.569 (1) (am) The department shall reimburse each county from the appropriations under s. 20.437 (1) (b), (km), and (o) for children and family services as approved by the department under ss. 46.22 (1) (b) 2. f. and (e) 3. b.

AB40-ASA1, s. 1330 Section 1330. 48.569 (1) (d) of the statutes is amended to read:

AB40-ASA1,520,25 48.569 (1) (d) From the appropriations under s. 20.437 (1) (b), (km), and (o), the department shall distribute the funding for children and family services, including funding for foster care or subsidized guardianship care of a child on whose behalf aid is received under s. 48.645 to county departments as provided under s. 48.563. County matching funds are required for the distribution under s. 48.563 (2). Each county's required match for the distribution under s. 48.563 (2) shall be specified in a schedule established annually by the department. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the county that meet the requirements specified in sub. (1m). Private donations may not exceed 25 percent of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

AB40-ASA1, s. 1330s Section 1330s. 48.57 (3) (a) 4. of the statutes is amended to read:

AB40-ASA1,521,3 48.57 (3) (a) 4. Is living in a foster home, group home, residential care center for children and youth, or subsidized guardianship home under s. 48.62 (5).

AB40-ASA1, s. 1331h Section 1331h. 48.57 (3m) (cm) of the statutes is amended to read:

AB40-ASA1,521,7 48.57 (3m) (cm) A kinship care relative who receives a payment under par. (am) for providing care and maintenance for a child is not eligible to receive a payment under sub. (3n) or s. 48.62 (4) or (5) 48.623 (1) or (6) for that child.

AB40-ASA1, s. 1332b Section 1332b. 48.57 (3n) (cm) of the statutes is amended to read:

AB40-ASA1,521,11 48.57 (3n) (cm) A long-term kinship care relative who receives a payment under par. (am) for providing care and maintenance for a child is not eligible to receive a payment under sub. (3m) or s. 48.62 (4) or (5) 48.623 (1) or (6) for that child.

AB40-ASA1, s. 1332c Section 1332c. 48.57 (3p) (a) of the statutes is amended to read:

AB40-ASA1,521,18 48.57 (3p) (a) In this subsection, "adult resident" means a person 18 years of age or over who lives at the home of a person who has applied for or is receiving payments under sub. (3m) or (3n) or s. 48.62 (5) (a) or (b) with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a person who has applied for or is receiving payments under sub. (3m) or (3n) or s. 48.62 (5) (a) or (b).

AB40-ASA1, s. 1332d Section 1332d. 48.57 (3p) (b) 1. of the statutes is amended to read:

AB40-ASA1,521,23 48.57 (3p) (b) 1. After receipt of an application for payments under sub. (3m) or (3n) or s. 48.62 (5) (a) or (b), the county department or, in a county having a population of 500,000 or more, the department, with the assistance of the department of justice, shall conduct a background investigation of the applicant.

AB40-ASA1, s. 1332e Section 1332e. 48.57 (3p) (b) 3. of the statutes is amended to read:

AB40-ASA1,522,5 48.57 (3p) (b) 3. The county department or, in a county having a population of 500,000 or more, the department, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b) at any time that the county department or department considers to be appropriate.

AB40-ASA1, s. 1332f Section 1332f. 48.57 (3p) (c) 1. of the statutes is amended to read:

AB40-ASA1,522,13 48.57 (3p) (c) 1. After receipt of an application for payments under sub. (3m) or (3n) or s. 48.62 (5) (a) or (b), the county department or, in a county having a population of 500,000 or more, the department, with the assistance of the department of justice, shall, in addition to the investigation under par. (b) 1., conduct a background investigation of all employees and prospective employees of the applicant who have or would have regular contact with the child for whom those payments are being made and of each adult resident.

AB40-ASA1, s. 1332g Section 1332g. 48.57 (3p) (c) 2m. of the statutes is amended to read:

AB40-ASA1,522,21 48.57 (3p) (c) 2m. The county department or, in a county having a population of 500,000 or more, the department, with the assistance of the department of justice, may conduct a background investigation of any of the employees or prospective employees of any person who is receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b) who have or would have regular contact with the child for whom payments are being made and of each adult resident at any time that the county department or department considers to be appropriate.

AB40-ASA1, s. 1332h Section 1332h. 48.57 (3p) (c) 3. of the statutes is amended to read:

AB40-ASA1,523,5 48.57 (3p) (c) 3. Before a person who is receiving payments under sub. (3m) or (3n) or s. 48.62 (5) (a) or (b) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department or, in a county having a population of 500,000 or more, the department, with the assistance of the department of justice, shall conduct a background investigation of the prospective employee or prospective adult resident unless that person has already been investigated under subd. 1., 2. or 2m.

AB40-ASA1, s. 1332i Section 1332i. 48.57 (3p) (fm) 1m. of the statutes is amended to read:

AB40-ASA1,524,2 48.57 (3p) (fm) 1m. The county department or, in a county having a population of 500,000 or more, the department may not enter into the agreement under sub. (3n) (am) 6. or make payments under s. 48.62 (5) (a) or (b) unless the county department or department receives information from the department of justice relating to the conviction record of the applicant under the law of this state and that record indicates either that the applicant has not been arrested or convicted or that the applicant has been arrested or convicted but the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary to review conviction records under this subdivision determines that the conviction record is satisfactory because it does not include any arrest or conviction that the director or person designated by the secretary determines is likely to adversely affect the child or the applicant's ability to care for the child. The county department or, in a county having a population of 500,000 or more, the department may make payments under sub. (3n) or s. 48.62 (5) (a) or (b) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary to review conviction records under this subdivision determines is likely to adversely affect the child or the applicant's ability to care for the child.

AB40-ASA1, s. 1332j Section 1332j. 48.57 (3p) (fm) 2m. of the statutes is amended to read:

AB40-ASA1,525,12 48.57 (3p) (fm) 2m. A person receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 500,000 or more, the department that, to the best of his or her knowledge, the employee or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payment under sub. (3n) or s. 48.62 (5) (a) or (b) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 500,000 or more, the department receives information from the department of justice relating to the person's conviction record under the law of this state and that record indicates either that the person has not been arrested or convicted or that the person has been arrested or convicted but the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary to review conviction records under this subdivision determines that the conviction record is satisfactory because it does not include any arrest or conviction that is likely to adversely affect the child or the ability of the person receiving payments to care for the child and the county department or department so advises the person receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b). A person receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 500,000 or more, the department that the federal bureau of investigation indicates that the person's conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary to review conviction records under this subdivision determines is likely to adversely affect the child or the ability of the person receiving payments to care for the child.

AB40-ASA1, s. 1332k Section 1332k. 48.57 (3p) (hm) of the statutes is amended to read:

AB40-ASA1,525,23 48.57 (3p) (hm) A county department or, in a county having a population of 500,000 or more, the department may not make payments to a person under sub. (3n) or s. 48.62 (5) (a) or (b) and a person receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b) may not employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident if the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary to review conviction records under this paragraph determines that the person has any arrest or conviction that is likely to adversely affect the child or the person's ability to care for the child.

AB40-ASA1, s. 1332m Section 1332m. 48.62 (5) (a) of the statutes is repealed.

AB40-ASA1, s. 1332n Section 1332n. 48.62 (5) (b) of the statutes is renumbered 48.623 (6) (intro.) and amended to read:

AB40-ASA1,526,9 48.623 (6) Interim caretaker. (intro.) Subject to par. (d), on On the death, incapacity, resignation, or removal of a guardian receiving payments under par. (a), a sub. (1), the county department or, in a county having a population of 500,000 or more, the department providing those payments shall provide monthly subsidized guardianship payments in the amount specified in par. (e) sub. (3) (b) for a period of up to 12 months to an interim caretaker who meets if all of the following conditions specified in par. (c). are met: