AB40,486,316 46.215 (1) Creation; powers and duties. (intro.) In Except as provided in ss.
1749.155 (3g), 49.78 (1r), 49.825, and 49.826, in
a county with a population of 500,000
18750,000 or more the administration of welfare services, other than child welfare
19services administered by the department of children and families under s. 48.48 (17)
20administered by the department and except as provided in ss. 49.155 (3g), 49.78 (1r),
2149.825, and 49.826
, is vested in a county department of social services under the
22jurisdiction of the county board of supervisors under s. 46.21 (2m) (b) 1. a. Any
23reference in any law to a county department of social services under this section
24applies to a county department under s. 46.21 (2m) in its administration under s.
2546.21 (2m) of the powers and duties of the county department of social services.

1Except as provided in ss. 49.155 (3g), 49.78 (1r), 49.825, and 49.826, the county
2department of social services shall have the following functions, duties, and powers,
3and such other welfare functions as may be delegated to it:
AB40,821 4Section 821. 46.27 (7g) (a) 1m. of the statutes is created to read:
AB40,486,65 46.27 (7g) (a) 1m. "Decedent" means a deceased client or a deceased nonclient
6surviving spouse, whichever is applicable.
AB40,822 7Section 822. 46.27 (7g) (a) 4. of the statutes is created to read:
AB40,486,108 46.27 (7g) (a) 4. "Nonclient surviving spouse" means any person who was
9married to a client while the client was receiving services for which the cost may be
10recovered under par. (c) 1. and who survived the client.
AB40,823 11Section 823. 46.27 (7g) (a) 5. of the statutes is created to read:
AB40,486,1612 46.27 (7g) (a) 5. a. "Property of a decedent" means all real and personal
13property to which the client held any legal title or in which the client had any legal
14interest immediately before death, to the extent of that title or interest, including
15assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in
16common, survivorship, life estate, living trust, or any other arrangement.
AB40,486,2317 b. Notwithstanding subd. 5. a., "property of a decedent" includes all real and
18personal property in which the nonclient surviving spouse had an ownership interest
19at the client's death and in which the client had a marital property interest with that
20nonclient surviving spouse at any time within 5 years before the client applied for
21long-term community support services funded under sub. (7) or during the time that
22the client was eligible for long-term community support services funded under sub.
23(7).
AB40,824 24Section 824. 46.27 (7g) (c) 1. of the statutes is amended to read:
AB40,487,5
146.27 (7g) (c) 1. Except as provided in subd. 4., the department shall file a claim
2against the estate of a client or, and against the estate of the a nonclient surviving
3spouse of a client, for the amount of long-term community support services funded
4under sub. (7) paid on behalf of the client after the client attained 55 years of age,
5unless already recovered by the department under this subsection.
AB40,825 6Section 825. 46.27 (7g) (c) 2m. of the statutes is created to read:
AB40,487,97 46.27 (7g) (c) 2m. a. Property that is subject to the department's claim under
8subd. 1. in the estate of a client or in the estate of a nonclient surviving spouse is all
9property of a decedent that is included in the estate.
AB40,487,1310 b. There is a presumption, which may be rebutted by clear and convincing
11evidence, that all property in the estate of the nonclient surviving spouse was marital
12property held with the client and that 100 percent of the property in the estate of the
13nonclient surviving spouse is subject to the department's claim under subd. 1.
AB40,826 14Section 826. 46.27 (7g) (c) 3. (intro.) of the statutes is amended to read:
AB40,487,1815 46.27 (7g) (c) 3. (intro.) The court shall reduce the amount of a claim under
16subd. 1. by up to the amount specified in s. 861.33 (2) if necessary to allow the client's
17decedent's heirs or the beneficiaries of the client's decedent's will to retain the
18following personal property:
AB40,827 19Section 827. 46.27 (7g) (c) 5. a. of the statutes is amended to read:
AB40,488,220 46.27 (7g) (c) 5. a. If the department's claim is not allowable because of subd.
214. and the estate includes an interest in real property, including a home, the court
22exercising probate jurisdiction shall, in the final judgment or summary findings and
23order, assign the interest in the home real property subject to a lien in favor of the
24department for the amount described in subd. 1. The personal representative or

1petitioner for summary settlement or summary assignment of the estate shall record
2the final judgment as provided in s. 863.29, 867.01 (3) (h), or 867.02 (2) (h).
AB40,828 3Section 828. 46.27 (7g) (c) 5. b. of the statutes is amended to read:
AB40,488,104 46.27 (7g) (c) 5. b. If the department's claim is not allowable because of subd.
54., the estate includes an interest in real property, including a home, and the personal
6representative closes the estate by sworn statement under s. 865.16, the personal
7representative shall stipulate in the statement that the home real property is
8assigned subject to a lien in favor of the department for the amount described in subd.
91. The personal representative shall record the statement in the same manner as
10described in s. 863.29, as if the statement were a final judgment.
AB40,829 11Section 829. 46.27 (7g) (c) 6. (intro.) of the statutes is amended to read:
AB40,488,1312 46.27 (7g) (c) 6. (intro.) The department may not enforce the a lien under subd.
135. as long as any of the following survive the decedent:
AB40,830 14Section 830. 46.27 (7g) (c) 6m. of the statutes is created to read:
AB40,488,1615 46.27 (7g) (c) 6m. All of the following apply to a lien under subd. 5. that the
16department may not enforce because of subd. 6.:
AB40,488,1917 a. If the decedent's surviving spouse or child who is under age 21 or disabled
18refinances a mortgage on the real property, the lien is subordinate to the new
19encumbrance.
AB40,488,2120 b. The department shall release the lien in the circumstances described in s.
2149.848 (5) (f).
AB40,831 22Section 831. 46.27 (7g) (g) of the statutes is amended to read:
AB40,489,323 46.27 (7g) (g) The department shall promulgate rules establishing standards
24for determining whether the application of this subsection would work an undue
25hardship in individual cases. If the department determines that the application of

1this subsection would work an undue hardship in a particular case, the department
2shall waive application of this subsection in that case. This paragraph does not apply
3with respect to claims against the estates of nonclient surviving spouses.
AB40,832 4Section 832. 46.286 (1m) of the statutes is created to read:
AB40,489,115 46.286 (1m) Income and assets excluded. For purposes of determining a
6person's financial eligibility under sub. (1) (b) and cost-sharing requirements under
7sub. (2), to the extent approved by the federal government, the department or its
8designee shall exclude any assets accumulated in an independence account, as
9defined in s. 49.472 (1) (c), and any income or assets from retirement benefits earned
10or accumulated from employment income or employer contributions while the person
11was employed and eligible for and receiving medical assistance under s. 49.472.
AB40,833 12Section 833. 46.286 (7) of the statutes is amended to read:
AB40,489,1713 46.286 (7) Recovery of family care benefit payments; rules. The department
14shall promulgate rules relating apply to the recovery from persons who receive the
15family care benefit, including by liens and affidavits and from estates, of correctly
16and incorrectly paid family care benefits, that are substantially similar to the
17applicable provisions under ss. 49.496 and 49.497, 49.848, and 49.849.
AB40,834 18Section 834. 46.287 (2) (a) 1. k. of the statutes is amended to read:
AB40,489,2019 46.287 (2) (a) 1. k. Recovery of family care benefit payments under s. 46.286
20(7)
.
AB40,835 21Section 835. 46.48 (30) (a) of the statutes is amended to read:
AB40,490,522 46.48 (30) Substance abuse treatment grants. (a) From the appropriation
23account under s. 20.435 (7) (5) (bc), the department shall distribute grants on a
24competitive basis to county departments of social services and to private nonprofit
25organizations, as defined in s. 103.21 (2), for the provision of alcohol and other drug

1abuse treatment services in counties with a population of 500,000 or more. Grants
2distributed under this subsection may be used only to provide treatment for alcohol
3and other drug abuse to individuals who are eligible for federal temporary assistance
4for needy families under 42 USC 601 et. seq. and who have a family income of not
5more than 200% of the poverty line, as defined in s. 49.001 (5).
AB40,836 6Section 836. 46.48 (31) of the statutes is created to read:
AB40,490,107 46.48 (31) Peer run respite centers. The department may distribute not more
8than $1,200,000 in each fiscal year, beginning in fiscal year 2014-15, to regional peer
9run respite centers for individuals with mental health and substance abuse
10concerns.
AB40,837 11Section 837. 46.52 of the statutes is amended to read:
AB40,490,17 1246.52 Systems change grants. From the appropriation under s. 20.435 (7)
13(5) (md), the department shall distribute funds to each grant recipient under this
14section so as to permit initial phasing in of recovery-oriented system changes,
15prevention and early intervention strategies, and consumer and family involvement
16for individuals with mental illness. At least 10% of the funds distributed shall be for
17children with mental illness.
AB40,838 18Section 838. 46.53 of the statutes is amended to read:
AB40,490,24 1946.53 Mental health treatment provider training. From the
20appropriation under s. 20.435 (7) (5) (md), the department may not distribute more
21than $182,000 in each fiscal year to provide training for mental health treatment
22professionals on new mental health treatment approaches in working with special
23populations, including seriously mentally ill individuals and children with serious
24emotional disturbances, and on the use of new mental health treatment medications.
AB40,839 25Section 839. 46.54 of the statutes is amended to read:
AB40,491,6
146.54 Consumer and family self-help and peer-support programs.
2From the appropriation under s. 20.435 (7) (5) (md), the department shall distribute
3$874,000 in each fiscal year to increase support for mental health family support
4projects, employment projects operated by consumers of mental health services,
5mental health crisis intervention and drop-in projects, and public mental health
6information activities.
AB40,840 7Section 840. 46.55 (3m) of the statutes is amended to read:
AB40,491,108 46.55 (3m) Within the limits of available funding under s. 20.435 (7) (5) (mb),
9the department shall award grants under this section in a total amount for all grants
10of not more than $250,000 in each fiscal year.
AB40,841 11Section 841. 46.56 (1) (hm) of the statutes is created to read:
AB40,491,1312 46.56 (1) (hm) "Multi-entity initiative" means an initiative including more
13than one county or tribe that is established under sub. (2) (b).
AB40,842 14Section 842. 46.56 (2) of the statutes is renumbered 46.56 (2) (a) and amended
15to read:
AB40,491,2116 46.56 (2) (a) If Except as provided in par. (b), if a county board of supervisors
17establishes an initiative under s. 59.53 (7) or if a tribe establishes an initiative, the
18county board or tribe shall appoint a coordinating committee and designate an
19administering agency. The initiative may be funded by the county or tribe or the
20county board of supervisors or tribe may apply for funding by the state in accordance
21with sub. (15).
AB40,843 22Section 843. 46.56 (2) (b) of the statutes is created to read:
AB40,492,623 46.56 (2) (b) A county may enter into an agreement with one or more other
24counties or tribes to establish an initiative and a tribe may enter into an agreement
25with one or more counties or tribes to establish an initiative. The parties to the

1agreement shall designate in the agreement a single lead administrative county or
2lead administrative tribe. The county board of the lead administrative county or the
3lead administrative tribe shall appoint a coordinating committee and designate an
4administering agency. The initiative may be funded by the participating entities, or
5the county board of supervisors of the lead administrative county or the lead
6administrative tribe may apply for funding by the state in accordance with sub. (15).
AB40,844 7Section 844. 46.56 (3) (bm) of the statutes is created to read:
AB40,492,128 46.56 (3) (bm) 1. The coordinating committee of a multi-entity initiative shall
9include representatives described under par. (a) 1. to 7. who are from any county or
10tribe included in the multi-entity initiative, except that, of the representatives
11described under par. (a) 1. to 7., the committee shall include at least one
12representative from each county or tribe included in the initiative.
AB40,492,1513 2. For purposes of a coordinating committee appointed for a multi-entity
14initiative, a representative under par. (b) 1., 2., 4., 5., 6., 7., and 11. may be from any
15county or tribe included in the multi-entity initiative.
AB40,845 16Section 845. 46.56 (3) (d) 6. of the statutes is amended to read:
AB40,492,1917 46.56 (3) (d) 6. If a county or tribe or a multi-entity initiative applies for
18funding under sub. (15), assist the administering agency in developing the
19application required under sub. (15) (b).
AB40,846 20Section 846. 46.56 (3) (d) 14. of the statutes is amended to read:
AB40,492,2421 46.56 (3) (d) 14. Establish target groups of children who are involved in 2 or
22more systems of care and their families to be served by the initiative. For a county
23or tribe or a multi-entity initiative that applies for funding under sub. (15), severely
24emotionally disturbed children are required to be a priority target group.
AB40,847 25Section 847. 46.56 (3) (f) of the statutes is created to read:
AB40,493,3
146.56 (3) (f) This subsection does not apply with respect to multi-entity
2initiatives to the extent that the department has adopted requirements under sub.
3(14) (e) that conflict with those contained in this subsection.
AB40,848 4Section 848. 46.56 (4) (intro.) of the statutes is amended to read:
AB40,493,85 46.56 (4) Role of administering agency. (intro.) The Except when otherwise
6provided in requirements established by the department under sub. (14) (e) that
7apply with respect to multi-entity initiatives, the
administering agency designated
8under sub. (2) shall do all of the following:
AB40,849 9Section 849. 46.56 (4) (d) of the statutes is amended to read:
AB40,493,1210 46.56 (4) (d) If the county board of supervisors or tribe or a multi-entity
11initiative
decides to seek state funding under sub. (15), develop the application in
12cooperation with the coordinating committee.
AB40,850 13Section 850. 46.56 (5) (intro.) of the statutes is amended to read:
AB40,493,1714 46.56 (5) Interagency agreement. (intro.) An Except when otherwise provided
15in requirements established by the department under sub. (14) (e) that apply with
16respect to multi-entity initiatives, an
interagency agreement shall include all of the
17following:
AB40,851 18Section 851. 46.56 (6) (cr) of the statutes is renumbered 46.56 (6) (cr) 1. and
19amended to read:
AB40,493,2220 46.56 (6) (cr) 1. Every Except as provided in subd. 2., every county and tribe
21that operates any initiative shall develop written policies and procedures specifying
22the selection process for the initiative coordinator.
AB40,852 23Section 852. 46.56 (6) (cr) 2. of the statutes is created to read:
AB40,494,3
146.56 (6) (cr) 2. For a multi-entity initiative, the lead administrative county
2or the lead administrative tribe shall develop the written policies and procedures
3under subd. 1. specifying the selection process for the initiative coordinator.
AB40,853 4Section 853. 46.56 (6) (e) of the statutes is created to read:
AB40,494,75 46.56 (6) (e) This subsection does not apply with respect to multi-entity
6initiatives to the extent that the department has adopted requirements under sub.
7(14) (e) that conflict with those contained in this subsection.
AB40,854 8Section 854. 46.56 (7) (intro.) of the statutes is amended to read:
AB40,494,179 46.56 (7) Eligibility of children and families. (intro.) Children Except when
10otherwise provided in requirements established by the department under sub. (14)
11(e) that apply with respect to multi-entity initiatives, children
who are involved in
122 of or more systems of care and their families shall be eligible for the initiative,
13except that the coordinating committee may establish specific additional criteria for
14eligibility for services and may establish certain target groups of children who are
15involved in 2 or more systems of care to receive services. If target groups are
16established, only children falling within the target groups may be enrolled in the
17initiative. Any eligibility criteria shall meet all of the following conditions:
AB40,855 18Section 855. 46.56 (8) (t) of the statutes is created to read:
AB40,494,2119 46.56 (8) (t) This subsection does not apply with respect to multi-entity
20initiatives to the extent that the department has adopted requirements under sub.
21(14) (e) that conflict with those contained in this subsection.
AB40,856 22Section 856. 46.56 (9) to (13) of the statutes are amended to read:
AB40,495,523 46.56 (9) Immediate care. Individual county departments, tribal agencies,
24other agencies, and other service providers shall provide immediate services and
25other resources as necessary and appropriate to children who are involved in 2 or

1more systems of care and their families who have been referred for an evaluation of
2eligibility for and appropriateness of enrollment in the initiative while assessment
3and planning take place. This subsection does not apply with respect to multi-entity
4initiatives to the extent that the department has adopted requirements under sub.
5(14) (e) that conflict with those contained in this subsection.
AB40,495,12 6(10) Relation to other support programs. In any county or for a tribe that has
7a family support program under s. 46.985 or other support programs, including
8comprehensive community services or office of justice assistance department of
9justice or department of corrections
programs, the initiative shall coordinate its
10activities with the support programs. This subsection does not apply with respect
11to multi-entity initiatives to the extent that the department has adopted
12requirements under sub. (14) (e) that conflict with those contained in this subsection.
AB40,495,20 13(11) Conflict management. The department, administering agency, service
14coordination agencies, and service coordinators shall establish and use informal
15means for conflict management, including consultation, mediation, and independent
16assessment, whenever possible. A formal conflict management policy shall be
17established in writing by the coordinating committee for use by families, providers,
18and other individuals involved in the initiative. This subsection does not apply with
19respect to multi-entity initiatives to the extent that the department has adopted
20requirements under sub. (14) (e) that conflict with those contained in this subsection.
AB40,496,5 21(12) Administrative appeals. Decisions by the service coordination agency
22regarding eligibility, enrollment, denial, termination, reduction, or appropriateness
23of services and decisions by the individuals designated by the coordinating
24committee regarding eligibility, enrollment, or denial may be appealed to the
25coordinating committee by a child who is a service applicant or recipient or by the

1parent or guardian or guardian ad litem of the applicant or recipient. Decisions of
2the coordinating committee may be appealed to the department under ch. 227. This
3subsection does not apply with respect to multi-entity initiatives to the extent that
4the department has adopted requirements under sub. (14) (e) that conflict with those
5contained in this subsection.
AB40,496,12 6(13) Review of actions by individual agencies. Nothing in this section shall
7limit, modify, or expand the rights, remedies, or procedures established in federal
8statutes or regulations or state statutes or rules for individuals or families receiving
9services provided by individual organizations that are participating in the
10coordinated services plan of care. This subsection does not apply with respect to
11multi-entity initiatives to the extent that the department has adopted requirements
12under sub. (14) (e) that conflict with those contained in this subsection.
AB40,857 13Section 857. 46.56 (14) (b) (intro.) of the statutes is amended to read:
AB40,496,1614 46.56 (14) (b) (intro.) The department shall provide, either directly or through
15purchase of services, the following support services to the counties and tribes that
16elect to participate in the initiative and to multi-entity initiatives:
AB40,858 17Section 858. 46.56 (14) (d) of the statutes is amended to read:
AB40,496,2518 46.56 (14) (d) Notwithstanding eligibility requirements for enrollment in the
19initiative, if the state is funding the initiative in a particular county or for a tribe or
20is funding a multi-entity initiative
under sub. (15), the department may permit the
21county or, tribe, or multi-entity initiative to serve under this section any individual
22who has a severe disability and who has not attained 22 years of age, and his or her
23family, if the individual's mental, physical, sensory, behavioral, emotional, or
24developmental disability or whose combination of multiple disabilities meets the
25requirements specified in sub. (1) (om) 1. to 4.
AB40,859
1Section 859. 46.56 (14) (e) of the statutes is created to read:
AB40,497,42 46.56 (14) (e) The department may establish additional requirements to apply
3with respect to multi-entity initiatives, including requirements that conflict with
4any requirements in subs. (3) to (13).
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