SB317: Bill Text

SB317,75,5 48.981 (5) Coroner's report. Any person or official required to report cases of suspected child abuse or neglect who has reasonable cause to suspect that a child died as a result of child abuse or neglect shall report the fact to the appropriate medical examiner or coroner. The medical examiner or coroner shall accept the report for investigation and shall report the findings to the appropriate district attorney; to the department or, in a county having a population of 500,000 750,000 or more, to a licensed child welfare agency under contract with the department; to the county department and, if the institution making the report initially is a hospital, to the hospital.

SB317,168 Section 168. 48.981 (7) (a) 5. of the statutes is amended to read:

SB317,75,11 48.981 (7) (a) 5. A professional employee of a county department under s. 51.42 or 51.437 who is working with the child or the expectant mother of the unborn child under contract with or under the supervision of the county department under s. 46.22 or, in a county having a population of 500,000 750,000 or more, the department or a licensed child welfare agency under contract with the department.

SB317,169 Section 169. 48.981 (7) (a) 6. of the statutes is amended to read:

SB317,75,16 48.981 (7) (a) 6. A multidisciplinary child abuse and neglect or unborn child abuse team recognized by the county department or, in a county having a population of 500,000 750,000 or more, the department or a licensed child welfare agency under contract with the department.

SB317,170 Section 170. 48.981 (7) (a) 6m. of the statutes is amended to read:

SB317,75,23 48.981 (7) (a) 6m. A person employed by a child advocacy center recognized by the county board, the county department or, in a county having a population of 500,000 750,000 or more, the department or a licensed child welfare agency under contract with the department, to the extent necessary to perform the services for which the center is recognized by the county board, the county department, the department or the licensed child welfare agency.

SB317,171 Section 171. 48.981 (7) (a) 15. of the statutes is amended to read:

SB317,76,3 48.981 (7) (a) 15. A child fatality review team recognized by the county department or, in a county having a population of 500,000 750,000 or more, the department or a licensed child welfare agency under contract with the department.

SB317,172 Section 172. 48.981 (7) (cr) 3. a. of the statutes is amended to read:

SB317,76,16 48.981 (7) (cr) 3. a. Within 2 working days after receiving the information provided under subd. 2., the subunit of the department that received the information shall disclose to the public the fact that the subunit has received the information; whether the department is conducting a review of the incident and, if so, the scope of the review and the identities of any other agencies with which the department is cooperating at that point in conducting the review; whether the child was residing in the home or was placed in an out-of-home placement at the time of the incident; and information about the child, including the age of the child. If the information received is about an incident of egregious abuse or neglect, the subunit of the department shall make the same disclosure to a citizen review panel, as described in par. (a) 15g., and, in a county having a population of 500,000 750,000 or more, to the Milwaukee child welfare partnership council.

SB317,173 Section 173. 48.981 (8) (a) of the statutes is amended to read:

SB317,77,12 48.981 (8) (a) The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 500,000 750,000 or more to the extent feasible shall conduct continuing education and training programs for staff of the department, the county departments, licensed child welfare agencies under contract with the department or a county department, law enforcement agencies, and the tribal social services departments, persons and officials required to report, the general public, and others as appropriate. The programs shall be designed to encourage reporting of child abuse and neglect and of unborn child abuse, to encourage self-reporting and voluntary acceptance of services and to improve communication, cooperation, and coordination in the identification, prevention, and treatment of child abuse and neglect and of unborn child abuse. Programs provided for staff of the department, county departments, and licensed child welfare agencies under contract with county departments or the department whose responsibilities include the investigation or treatment of child abuse or neglect shall also be designed to provide information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 49.165 (1) (a). The department, the county departments, and a licensed child welfare agency under contract with the department in a county having a population of 500,000 750,000 or more shall develop public information programs about child abuse and neglect and about unborn child abuse.

SB317,174 Section 174. 48.981 (8) (c) of the statutes is amended to read:

SB317,77,20 48.981 (8) (c) In meeting its responsibilities under par. (a) or (b), the department, a county department or a licensed child welfare agency under contract with the department in a county having a population of 500,000 750,000 or more may contract with any public or private organization which meets the standards set by the department. In entering into the contracts the department, county department or licensed child welfare agency shall give priority to parental organizations combating child abuse and neglect or unborn child abuse.

SB317,175 Section 175. 48.982 (6) (am) of the statutes is amended to read:

SB317,78,2 48.982 (6) (am) Notwithstanding the geographical and urban and rural distribution requirements under sub. (2) (a), the board shall allocate not more than $150,000 from the appropriation under s. 20.433 (1) (h) in each fiscal year for the awarding of grants, in accordance with the request-for-proposal procedures developed under sub. (2) (a), to organizations located in counties with a population of 500,000 750,000 or more.

SB317,176 Section 176. 48.983 (1) (b) 1. c. of the statutes is amended to read:

SB317,78,11 48.983 (1) (b) 1. c. A family that includes a person who has contacted a county department, a , city, private agency, or Indian tribe that has been awarded a grant under this section or, in a county having a population of 500,000 750,000 or more that has been awarded a grant under this section, the department, a county, city, private agency, or a licensed child welfare agency under contract with the department requesting assistance to prevent poor birth outcomes or abuse or neglect of a child in the person's family and with respect to which an individual responding to the request has determined that all of the conditions in subd. 2. exist.

SB317,177 Section 177. 48.983 (2) (a) of the statutes is amended to read:

SB317,78,19 48.983 (2) (a) If a county, city, private agency, or Indian tribe applies and is selected by the department under sub. (5) to participate in the program under this section, the department shall award, from the appropriation under s. 20.437 (1) (ab), a grant annually to be used only for the purposes specified in sub. (4) (a) and (am). The minimum amount of a grant is $10,000. The county, city, private agency, or Indian tribe shall agree to match at least 25 percent of the grant amount annually in funds or in-kind contributions.

SB317,178 Section 178. 48.983 (2) (b) of the statutes is amended to read:

SB317,79,8 48.983 (2) (b) The department shall determine the amount of a grant awarded to a county, private agency, or Indian tribe under this section in excess of the minimum amount based on the need of the county, city, private agency, or Indian tribe for a grant, as determined by a formula that the department shall promulgate by rule. That formula shall determine that need based on the number of births that are funded by Medical Assistance under subch. IV of ch. 49 in that county, the area in which that private agency is providing services, or the reservation of that Indian tribe and on the rate of poor birth outcomes, including infant mortality, premature births, low birth weights, and racial or ethnic disproportionality in the rates of those outcomes, in that county, the area in which that private agency is providing services, or the reservation of that Indian tribe and the capacity of the county, city, private agency, or Indian tribe to participate in the program under this section, as determined by the department.

SB317,179 Section 179. 48.983 (2) (c) of the statutes is amended to read:

SB317,79,13 48.983 (2) (c) The department shall allocate 10 percent of the funds available from the appropriation account under s. 20.437 (1) (ab) in each fiscal year for grants under this section to counties, cities, private agencies, or Indian tribes that have not previously received those grants.

SB317,180 Section 180. 48.983 (3) of the statutes is amended to read:

SB317,79,17 48.983 (3) Joint application permitted. Any combination of 2 or more counties, cities, private agencies, or Indian tribes may submit a joint application to the department.

SB317,181 Section 181. 48.983 (4) (am) of the statutes is amended to read:

SB317,79,25 48.983 (4) (am) Grants; start-up costs and capacity building. In the first year in which a grant under this section is awarded to a county, city, private agency, or Indian tribe, the county, city, private agency, or Indian tribe may use a portion of the grant to pay for start-up costs and capacity building related to the program under this section. The department shall determine the maximum amount of a grant that a county, city, private agency, or Indian tribe may use to pay for those start-up costs and that capacity building.

SB317,182 Section 182. 48.983 (4) (b) 1. of the statutes is amended to read:

SB317,81,3 48.983 (4) (b) 1. A county, city, private agency, or Indian tribe that is selected to participate in the program under this section shall offer all pregnant women in the county or city, the area in which that private agency is providing services, or the reservation of the tribe who are eligible for Medical Assistance under subch. IV of ch. 49 an opportunity to undergo an assessment through use of a risk assessment instrument to determine whether the person assessed presents risk factors for poor birth outcomes or for perpetrating child abuse or neglect. Persons who agree to be assessed shall be assessed during the prenatal period. The risk assessment instrument shall be developed by the department and shall be based on risk assessment instruments developed by the department for similar programs that are in operation. The department need not promulgate as rules under ch. 227 the risk assessment instrument developed under this subdivision. A person who is assessed to be at risk of poor birth outcomes or of abusing or neglecting his or her child shall be offered home visitation program services that shall be commenced during the prenatal period. Home visitation program services may be provided to a family with a child identified as being at risk of child abuse or neglect until the identified child reaches 3 years of age. If a family has been receiving home visitation program services continuously for not less than 12 months, those services may continue to be provided to the family until the identified child reaches 3 years of age, regardless of whether the child continues to be eligible for Medical Assistance under subch. IV of ch. 49. If risk factors for child abuse or neglect with respect to the identified child continue to be present when the child reaches 3 years of age, home visitation program services may be provided until the identified child reaches 5 years of age. Home visitation program services may not be provided to a person unless the person gives his or her written informed consent to receiving those services or, if the person is a child, unless the child's parent, guardian, or legal custodian gives his or her written informed consent for the child to receive those services.

SB317,183 Section 183. 48.983 (4) (b) 3. of the statutes is amended to read:

SB317,81,8 48.983 (4) (b) 3. A county, city, private agency, or Indian tribe that is providing home visitation program services under subd. 1. shall provide to a person receiving those services the information relating to shaken baby syndrome and impacted babies required under s. 253.15 (6).

SB317,184 Section 184. 48.983 (5) of the statutes is amended to read:

SB317,82,5 48.983 (5) Selection of counties, cities, private agencies, and Indian tribes. The department shall provide competitive application procedures for selecting counties, cities, private agencies, and Indian tribes for participation in the program under this section. The department shall establish a method for ranking applicants for selection based on the quality of their applications. In ranking the applications, the department shall give favorable consideration to a county, city, private agency, or Indian tribe that submits a joint application under sub. (3) and to a county that has indicated under sub. (6) (d) 2. that it is willing to use a portion of any moneys distributed to the county under s. 48.565 (2) (a) to provide case management services to a Medical Assistance beneficiary under s. 49.45 (25) (am) 9. who is a case or who is a member of a family that is a case and that has explained under sub. (6) (d) 2. how the county plans to use that portion of those moneys to promote the provision of those services for the case by using a wraparound process so as to provide those services in a flexible, comprehensive and individualized manner in order to reduce the necessity for court-ordered services. The department shall also provide application requirements and procedures for the renewal of a grant awarded under this section. The application procedures and the renewal application requirements and procedures shall be clear and understandable to the applicants. The department need not promulgate as rules under ch. 227 the application procedures, the renewal application requirements or procedures, or the method for ranking applicants established under this subsection.

SB317,185 Section 185. 48.983 (6) (intro.) of the statutes is amended to read:

SB317,82,10 48.983 (6) Criteria for awarding grants. (intro.) In addition to any other criteria developed by the department, a county, city, private agency, or Indian tribe shall meet all of the following criteria in order to be selected for participation in the program under this section:

SB317,186 Section 186. 48.983 (6) (a) (intro.) of the statutes is amended to read:

SB317,82,14 48.983 (6) (a) (intro.) The part of an application, other than a renewal application, submitted by a county, city, private agency, or Indian tribe that relates to home visitation programs shall include all of the following:

SB317,187 Section 187. 48.983 (6) (a) 3. of the statutes is amended to read:

SB317,82,20 48.983 (6) (a) 3. An identification of existing poor birth outcome and child abuse and neglect prevention services that are available to residents of the county or city, the area in which the private agency is providing services, or the reservation of the Indian tribe and a description of how those services and any additional needed services will support a comprehensive home visitation program.

SB317,188 Section 188. 48.983 (6) (a) 5. of the statutes is amended to read:

SB317,83,2 48.983 (6) (a) 5. An explanation of how the applicant, in collaboration with local prenatal care coordination providers, will implement strategies aimed at achieving healthy birth outcomes, as determined by performance measures prescribed by the department and the department of health services, in the county, city, or reservation of the Indian tribe.

SB317,189 Section 189. 48.983 (6) (b) 4. of the statutes is amended to read:

SB317,83,8 48.983 (6) (b) 4. `Nonentitlement.' No individual is entitled to any payment from a fund established under subd. 1. or 2. Nothing in this section shall be construed as requiring a county, city, private agency, or Indian tribe to make a determination described in sub. (1) (b) 2. A determination described in sub. (1) (b) 2. may not be construed to be a determination described in s. 48.981 (3) (c) 4.

SB317,190 Section 190. 48.983 (6) (d) (title) and 1. of the statutes are consolidated, renumbered 48.983 (6) (d) and amended to read:

SB317,83,15 48.983 (6) (d) Wraparound process. 1. The applicant demonstrates in the grant application that the payments that will be made from the fund established under par. (b) 2. will promote the provision of services for the case by using a wraparound process so as to provide those services in a flexible, comprehensive and individualized manner in order to reduce the necessity for court-ordered services.

SB317,191 Section 191. 48.983 (6) (d) 2. of the statutes is repealed.

SB317,192 Section 192. 48.983 (6) (g) of the statutes is amended to read:

SB317,83,21 48.983 (6) (g) Private agency applicant. If the applicant is a private agency, the applicant submits documentation with the grant application that demonstrates that the application is supported by a county or city and that a county or city will collaborate with the private agency in providing services.

SB317,193 Section 193. 48.983 (6g) (b) of the statutes is amended to read:

SB317,84,3 48.983 (6g) (b) A county, city, private agency, or Indian tribe that is selected to participate in the program under this section shall provide or shall designate an individual or entity to provide an explanation of the confidentiality requirements under par. (a) to each individual who is offered an assessment under sub. (4) (b) or who is offered services under the home visitation program of the county, city, private agency, or Indian tribe.

SB317,194 Section 194. 48.983 (7) (ag) of the statutes is amended to read:

SB317,84,9 48.983 (7) (ag) The department shall evaluate the availability of home visitation programs in the state and determine whether there are gaps in home visitation services in the state. The department shall cooperate with counties, cities, private agencies, and Indian tribes providing home visitation programs to address any gaps in services identified.

SB317,195 Section 195. 48.983 (7) (ar) of the statutes is amended to read:

SB317,84,15 48.983 (7) (ar) Each county, city, private agency, and Indian tribe providing a home visitation program shall collect and report data to the department, as required by the department. The department shall require each county, city, private agency, and Indian tribe providing a home visitation program to collect data using forms prescribed by the department.

SB317,196 Section 196. 48.983 (7) (c) (intro.) of the statutes is amended to read:

SB317,84,25 48.983 (7) (c) (intro.) Each county, city, private agency, and Indian tribe providing a home visitation program shall develop a plan for evaluating the effectiveness of its program for approval by the department. The plan shall demonstrate how the county, city, private agency, or Indian tribe will use the evaluation of its program to improve the quality and outcomes of the program and to ensure continued compliance with the home visitation program criteria under sub. (6) (a). The plan shall demonstrate how the outcomes will be tracked and measured. Under the plan, the extent to which all of the following outcomes are achieved shall be tracked and measured:

SB317,197 Section 197. 48.983 (8) of the statutes is amended to read:

SB317,85,9 48.983 (8) Technical assistance and training. The department shall provide technical assistance and training to counties, cities, private agencies, and Indian tribes that are selected to participate in the program under this section. The training may not be limited to a particular home visitation model. The training shall include training in best practices 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.

SB317,198 Section 198. 49.143 (6) of the statutes is amended to read:

SB317,85,17 49.143 (6) Geographical areas. The department shall determine the geographical area for which a Wisconsin works Works agency will administer Wisconsin works Works. Except for federally recognized American Indian reservations and in counties with a population of 500,000 750,000 or more, no geographical area may be smaller than one county. A geographical area may include more than one county. The department need not establish the geographical areas by rule.

SB317,199 Section 199. 49.155 (3g) (intro.) of the statutes is amended to read:

SB317,85,20 49.155 (3g) Child care administration in certain counties. (intro.) In a county having a population of 500,000 750,000 or more all of the following apply:

SB317,200 Section 200. 49.175 (1) (u) of the statutes is amended to read:

SB317,85,24 49.175 (1) (u) Prevention services. For services to prevent child abuse or neglect in counties having a population of 500,000 750,000 or more, $1,489,600 in each fiscal year.

SB317,201 Section 201. 49.195 (4) (b) 2. of the statutes is amended to read:

SB317,86,3 49.195 (4) (b) 2. The recovery of benefits due to the efforts of an employee or officer of a county having a population of 500,000 750,000 or more under the supervision of the department.

SB317,202 Section 202. 49.34 (5m) (em) of the statutes is amended to read:

SB317,86,12 49.34 (5m) (em) Notwithstanding par. (b) 1. and 2., a county department under s. 46.215, 51.42, or 51.437 providing client services in a county having a population of 500,000 750,000 or more or a nonstock, nonprofit corporation providing client services in such a county may not retain a surplus generated by a rate-based service or accumulate funds from more than one contract period for a rate-based service from revenues that are used to meet the maintenance-of-effort requirement under the federal temporary assistance for needy families program under 42 USC 601 to 619.

SB317,203 Section 203. 49.343 (5) (intro.) of the statutes is amended to read:

SB317,86,20 49.343 (5) Advisory committee. (intro.) The secretary shall create an advisory committee under s. 15.04 (1) (c) consisting of representatives of purchasers; county departments; the department, in a county having a population of 500,000 750,000 or more; tribes; consumers; and a statewide association of private, incorporated family and children's social service agencies representing all groups of providers that are affected by the rate regulation process. The committee shall advise the department on all of the following:

SB317,204 Section 204. 49.45 (25) (b) of the statutes is amended to read:

SB317,87,5 49.45 (25) (b) A county, city, village, town or, in a county having a population of 500,000 750,000 or more, the department may elect to make case management services under this subsection available in the county, city, village or town to one or more of the categories of beneficiaries under par. (am) through the medical assistance program. A county, city, village, town or, in a county having a population of 500,000 750,000 or more, the department that elects to make the services available shall reimburse a case management provider for the amount of the allowable charges for those services under the medical assistance program that is not provided by the federal government.

SB317,205 Section 205. 49.71 (2) of the statutes is amended to read:

SB317,87,9 49.71 (2) In counties with a population of 500,000 750,000 or more, an institution established under sub. (1) shall be governed under s. 46.21 or 59.79 (10), but in all other counties it shall be governed under ss. 46.18, 46.19 , and 46.20.

SB317,206 Section 206. 49.72 (2) of the statutes is amended to read:

SB317,87,13 49.72 (2) In counties with a population of 500,000 750,000 or more, such institution shall be governed pursuant to s. 46.21, but in all other counties it shall be governed pursuant to ss. 46.18, 46.19, and 46.20.

SB317,207 Section 207. 49.826 (1) (a) of the statutes is amended to read:

SB317,87,16 49.826 (1) (a) "County" means a county having a population of 500,000 750,000 or more.

SB317,208 Section 208. 49.84 (7) (c) 3. of the statutes is amended to read:

SB317,87,21 49.84 (7) (c) 3. A child residing in a foster care placement under the care and placement responsibility of a county department under s. 46.215, 46.22, or 46.23 or, in a county with a population of 500,000 750,000 or more, under the care and placement responsibility of the department of children and families.

SB317,209 Section 209. 49.855 (4m) (c) of the statutes is amended to read:

SB317,88,6 49.855 (4m) (c) Except as provided by order of the court after hearing under par. (b), the department of administration shall continue withholding until the amount certified is recovered in full. The department of administration shall transfer the amounts withheld under this paragraph to the department of children and families or its designee, the department of health services, or the department of corrections, whichever is appropriate. The department of children and families or its designee shall deposit amounts withheld for delinquent child or family support, maintenance, or receiving and disbursing fees or past support, medical expenses, or birth expenses in the appropriation account under s. 20.437 (2) (kp) (ja).

SB317,210 Section 210. 253.15 (4) (b) of the statutes is amended to read:

SB317,88,14 253.15 (4) (b) Before an individual may be certified under s. 48.651 as a child care provider of children under 5 years of age, the individual shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the certifying department in a county having a population of 500,000 750,000 or more, county department, or agency contracted with under s. 48.651 (2) or that is provided by a nonprofit organization arranged by that department, county department, or contracted agency to provide that training.

SB317,211 Section 211. 767.41 (3) (a) of the statutes is amended to read:

SB317,89,3 767.41 (3) (a) If the interest of any child demands it, and if the court finds that neither parent is able to care for the child adequately or that neither parent is fit and proper to have the care and custody of the child, the court may declare the child to be in need of protection or services and transfer legal custody of the child to a relative of the child, as defined in s. 48.02 (15), to a county department, as defined under s. 48.02 (2g), to a licensed child welfare agency, or, in a county having a population of 500,000 750,000 or more, the department of children and families. If the court transfers legal custody of a child under this subsection, in its order the court shall notify the parents of any applicable grounds for termination of parental rights under s. 48.415. If the court transfers legal custody under this section to an agency, the court shall also refer the matter to the court intake worker, as defined in s. 48.02 (3), who shall conduct an inquiry under s. 48.24 to determine whether a petition should be filed under s. 48.13.

SB317,212 Section 212. 767.75 (1f) of the statutes is amended to read: