SB378: Bill Text

SB378,19,13 46.22 (1) (e) 3. a. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for the purchase of care and services, except for care and services provided under ch. chs. 48, and 938 and subch. III of ch. 49, and s. 301.08 (2) and community-based juvenile delinquency-related services. The department of health services may review the contracts and approve them if they are consistent with s. 46.036 and to the extent that state or federal funds are available for those purposes. The joint committee on finance may require the department of health services to submit the contracts to the committee for review and approval. The department of health services may not make any payments to a county for programs included in the contract that is under review by the committee. The department of health services shall reimburse each county for the contracts from the appropriations under s. 20.435 (7) (b) and (o) according to s. 46.495.

SB378,59 Section 59. 46.22 (1) (e) 3. b. of the statutes is amended to read:

SB378,19,24 46.22 (1) (e) 3. b. A county department of social services shall develop, under the requirements of s. 49.34, plans and contracts for the purchase of care and services under ch. chs. 48 and 938 and subch. III of ch. 49 and of community-based juvenile delinquency-related services. The department of children and families may review the contracts and approve them if they are consistent with s. 49.34 and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of children and families to submit the contracts to the committee for review and approval. The department of children and families may not make any payments to a county for programs included in the contract that is under review by the committee.

SB378,60 Section 60. 46.22 (1) (e) 3. c. of the statutes is repealed.

SB378,61 Section 61. 46.22 (2g) (d) 2. of the statutes is amended to read:

SB378,20,5 46.22 (2g) (d) 2. A final budget for submission to the department of health services in accordance with s. 46.031 (1) for authorized services, except services under ch. chs. 48, and 938 and subch. III of ch. 49, or s. 301.08 (2) and authorized community-based juvenile delinquency-related services.

SB378,62 Section 62. 46.22 (2g) (d) 3. of the statutes is amended to read:

SB378,20,10 46.22 (2g) (d) 3. A final budget for submission to the department of children and families in accordance with s. 49.325 for authorized services under ch. chs. 48 and 938 and subch. III of ch. 49 and authorized community-based juvenile delinquency-related services.

SB378,63 Section 63. 46.22 (2g) (d) 4. of the statutes is repealed.

SB378,64 Section 64. 46.23 (5) (a) 1. of the statutes is amended to read:

SB378,20,22 46.23 (5) (a) 1. Shall determine administrative and program policies, except as provided under ch. chs. 48 and 938 and subch. III of ch. 49 and except for policies relating to community-based juvenile delinquency-related services or to the purchase of juvenile correctional services, within limits established by the department of health services. Policy decisions, except as provided under ch. chs. 48 and 938 and subch. III of ch. 49 and except for policy decisions relating to community-based juvenile delinquency-related services or to the purchase of juvenile correctional services, that are not reserved by statute for the department of health services may be delegated by the secretary to the county human services board.

SB378,65 Section 65. 46.23 (5) (a) 2. of the statutes is amended to read:

SB378,21,6 46.23 (5) (a) 2. Shall determine administrative and program policies under ch. chs. 48 and 938 and subch. III of ch. 49 and administrative and program policies relating to community-based juvenile delinquency-related services within limits established by the department of children and families. Policy decisions under ch. chs. 48 and 938 and subch. III of ch. 49 and policy decisions relating to community-based juvenile delinquency-related services that are not reserved by statute for the department of children and families may be delegated by the secretary of children and families to the county human services board.

SB378,66 Section 66. 46.23 (5) (a) 3. of the statutes is repealed.

SB378,67 Section 67. 46.23 (5) (c) 1. of the statutes is amended to read:

SB378,21,14 46.23 (5) (c) 1. Shall determine whether state mandated services, except for services under ch. chs. 48 and 938 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile correctional services, are provided by, purchased from, or contracted for with local providers, and monitor the performance of those contracts. Purchase of services contracts shall be subject to the conditions specified in s. 46.036.

SB378,68 Section 68. 46.23 (5) (c) 2. of the statutes is amended to read:

SB378,21,20 46.23 (5) (c) 2. Shall determine whether state mandated services under ch. chs. 48 and 938 and subch. III of ch. 49 and state-mandated community-based juvenile delinquency-related services are provided by, purchased from, or contracted for with local providers, and monitor the performance of those contracts. Purchase of services contracts shall be subject to the conditions specified in s. 49.34.

SB378,69 Section 69. 46.23 (5) (c) 3. of the statutes is repealed.

SB378,70 Section 70. 46.23 (5) (n) 1. of the statutes is amended to read:

SB378,22,4 46.23 (5) (n) 1. Shall submit a final budget in accordance with s. 46.031 (1) for authorized services, except for services under ch. chs. 48 and 938 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile correctional services. Notwithstanding the categorization of or limits specified for funds allocated under s. 46.495 or 51.423 (2), with the approval of the department of health services the county human services board may expend those funds consistent with any service provided under s. 46.495 or 51.42.

SB378,71 Section 71. 46.23 (5) (n) 2. of the statutes is amended to read:

SB378,22,12 46.23 (5) (n) 2. Shall submit a final budget in accordance with s. 49.325 (1) for authorized services under ch. chs. 48 and 938 and subch. III of ch. 49 and for authorized community-based juvenile delinquency-related services. Notwithstanding the categorization of or limits specified for funds allocated under s. 48.569, with the approval of the department of children and families the county human services board may expend those funds consistent with any service provided under s. 48.569.

SB378,72 Section 72. 46.23 (5) (n) 3. of the statutes is repealed.

SB378,73 Section 73. 46.23 (5m) (c) of the statutes is amended to read:

SB378,22,25 46.23 (5m) (c) Prepare, with the assistance of the county human services director under sub. (6m) (e), a proposed budget for submission to the county executive or county administrator; a final budget for submission to the department of health services in accordance with s. 46.031 (1) for authorized services, except services under ch. chs. 48 and 938 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile correctional services; and a final budget for submission to the department of children and families in accordance with s. 49.325 for authorized services under ch. chs. 48 and 938 and subch. III of ch. 49 and for authorized community-based juvenile delinquency-related services; and a final budget for submission to the department of corrections in accordance with s. 301.031 for the purchase of authorized juvenile correctional services.

SB378,74 Section 74. 46.23 (6) (a) (intro.) of the statutes is amended to read:

SB378,23,14 46.23 (6) (a) (intro.) A county human services director appointed under sub. (5) (f) shall have all of the administrative and executive powers and duties of managing, operating, maintaining, and improving the services and programs of the county department of human services. Those powers and duties are subject to the rules promulgated by the department of health services for programs, except that, with respect to services or programs under ch. chs. 48 and 938 and subch. III of ch. 49 and community-based juvenile delinquency-related services or programs, those powers and duties are subject to the rules promulgated by the department of children and families and, with respect to the purchase of juvenile correctional services or programs, those powers and duties are subject to the rules promulgated by the department of corrections. In consultation with the county human services board under sub. (5) and subject to its approval, the county human services director shall prepare all of the following:

SB378,75 Section 75. 48.02 (10r) of the statutes is amended to read:

SB378,23,18 48.02 (10r) “Juvenile detention facility" means a locked facility approved by the department of corrections under s. 301.36 938.226 for the secure, temporary holding in custody of children.

SB378,76 Section 76. 48.526 (title) of the statutes is renumbered 938.526 (title).

SB378,77 Section 77. 48.526 (1) of the statutes is renumbered 938.526 (1) and amended to read:

SB378,24,3 938.526 (1) Procedures. The department shall develop procedures for the implementation of this section and standards for the development and delivery of community-based juvenile delinquency-related services , as defined in s. 46.011 (1c), under this chapter and shall provide consultation and technical assistance to aid counties in the implementation and delivery of those services. The department shall establish information systems and monitoring and evaluation procedures to report periodically to the governor and legislature on the statewide impact of this section.

SB378,78 Section 78. 48.526 (2) (title) of the statutes is renumbered 938.526 (2) (title).

SB378,79 Section 79. 48.526 (2) (a) of the statutes is renumbered 938.526 (2) (a).

SB378,80 Section 80. 48.526 (2) (b) of the statutes is renumbered 938.526 (2) (b).

SB378,81 Section 81. 48.526 (2) (c) of the statutes is renumbered 938.526 (2) (c) and amended to read:

SB378,24,18 938.526 (2) (c) All funds to counties under this section shall be used to purchase or provide community-based juvenile delinquency-related services, as defined in s. 46.011 (1c), and to purchase juvenile correctional services, as defined in s. 46.011 (1p) under this chapter, except that no funds to counties under this section may be used for purposes of land purchase, building construction, or maintenance of buildings under s. 46.17, 46.175, or 301.37 938.227, for reimbursement of costs under s. 938.209, for city lockups, or for reimbursement of care costs in temporary shelter care under s. 938.22. Funds to counties under this section may be used for reimbursement of costs of program services, other than basic care and supervision costs, in juvenile detention facilities.

SB378,82 Section 82. 48.526 (2m) of the statutes is renumbered 938.526 (2m).

SB378,83 Section 83. 48.526 (3) (title) of the statutes is renumbered 938.526 (3) (title).

SB378,84 Section 84. 48.526 (3) (a) of the statutes is renumbered 938.526 (3) (a).

SB378,85 Section 85. 48.526 (3) (c) of the statutes is renumbered 938.526 (3) (c) and amended to read:

SB378,25,3 938.526 (3) (c) Within the limits of the appropriations under s. 20.437 (1) (4) (cj) and (o), the department shall allocate funds to each county for services under this section.

SB378,86 Section 86. 48.526 (3) (dm) of the statutes is renumbered 938.526 (3) (dm) and amended to read:

SB378,25,11 938.526 (3) (dm) The department may carry forward for a county from one calendar year to another funds allocated under this subsection that are not spent or encumbered. The amount that the department may carry forward for a county under this paragraph may not exceed 5% 5 percent of the amount allocated to the county for the 12-month period ending December 31. The funds carried forward under this paragraph do not affect a county's base allocation.

SB378,87 Section 87. 48.526 (3) (e) of the statutes is renumbered 938.526 (3) (e) and amended to read:

SB378,25,22 938.526 (3) (e) The department may carry forward $500,000 or 10% 10 percent of its funds allocated under this subsection and not encumbered or carried forward under par. (dm) by counties by December 31, whichever is greater, to the next 2 calendar years. The department may transfer moneys from or within s. 20.437 (1) (4) (cj) to accomplish this purpose. The department may allocate these transferred moneys to counties with persistently high rates of juvenile arrests for serious offenses during the next 2 calendar years to improve community-based juvenile delinquency-related services, as defined in s. 46.011 (1c). The allocation does not affect a county's base allocation.

SB378,88 Section 88. 48.526 (3) (em) of the statutes is renumbered 938.526 (3) (em) and amended to read:

SB378,26,6 938.526 (3) (em) The department may carry forward any emergency funds allocated under sub. (7) (e) and not encumbered or carried forward under par. (dm) by December 31 to the next 2 calendar years. The department may transfer moneys from or within s. 20.437 (1) (4) (cj) to accomplish this purpose. The department may allocate these transferred moneys to counties that are eligible for emergency payments under sub. (7) (e). The allocation does not affect a county's base allocation.

SB378,89 Section 89. 48.526 (6) (title) of the statutes is renumbered 938.526 (6) (title).

SB378,90 Section 90. 48.526 (6) (a) of the statutes is renumbered 938.526 (6) (a) and amended to read:

SB378,26,13 938.526 (6) (a) The department shall develop criteria as provided in par. (b) to assist the legislature in allocating funding, excluding funding for base allocations, from the appropriations under s. 20.437 (1) (4) (cj) and (o) for purposes described in this section.

SB378,91 Section 91. 48.526 (6) (b) of the statutes is renumbered 938.526 (6) (b).

SB378,92 Section 92. 48.526 (7) (intro.) of the statutes is renumbered 938.526 (7) (intro.) and amended to read:

SB378,26,21 938.526 (7) Allocations of funds. (intro.) Within the limits of the availability of the appropriations under s. 20.437 (1) (4) (cj) and (o), the department shall allocate funds for community youth and family aids for the period beginning on July 1, 2015, and ending on June 30, 2017, as provided in this subsection to county departments under ss. 46.215, 46.22, and 46.23 as follows:

SB378,93 Section 93. 48.526 (7) (a) to (h) of the statutes, as affected by 2015 Wisconsin Act 55, are renumbered 938.526 (7) (a) to (h).

SB378,94 Section 94. 48.526 (8) of the statutes is renumbered 938.526 (8).

SB378,95 Section 95. 48.528 (title) of the statutes is renumbered 938.528 (title).

SB378,96 Section 96. 48.528 (1) of the statutes is renumbered 938.528 (1) and amended to read:

SB378,27,6 938.528 (1) In each fiscal year, the department shall distribute the amount appropriated under s. 20.437 (1) (4) (cm) to counties for early intervention services for first offenders and for intensive community-based intervention services for seriously chronic offenders.

SB378,97 Section 97. 48.528 (2) of the statutes is renumbered 938.528 (2).

SB378,98 Section 98. 48.528 (3) of the statutes is renumbered 938.528 (3).

SB378,99 Section 99. 49.11 (1c) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

SB378,100 Section 100 . 49.175 (1) (intro.) of the statutes is amended to read:

SB378,27,15 49.175 (1) Allocation of funds. (intro.) Except as provided in subs. (2) and (3), within the limits of the appropriations under s. 20.437 (2) (a), (cm), (dz), (k), (kx), (L), (mc), (md), (me), and (s) and (3) (5) (kp), the department shall allocate the following amounts for the following purposes:

SB378,101 Section 101. 49.175 (3) of the statutes is amended to read:

SB378,27,20 49.175 (3) Limit on certain funds. Moneys from the appropriation account under s. 20.437 (3) (5) (kp) for the allocations specified in sub. (1) shall be limited to $4,730,300 and may be expended only for obligations incurred between October 1, 2015, and September 30, 2016.

SB378,102 Section 102. 49.275 of the statutes is amended to read:

SB378,28,2 49.275 Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning public assistance under this subchapter, child welfare under ch. 48, and community-based juvenile delinquency-related services under ch. 938 and in other matters of mutual concern pertaining to public welfare, child welfare, and juvenile delinquency under this subchapter and chs. 48 and 938.

SB378,103 Section 103. 49.32 (1) (a) of the statutes is amended to read:

SB378,28,12 49.32 (1) (a) Except as provided in s. 49.345 (14) (b) and (c), the department shall establish a uniform system of fees for services under this subchapter and ch. chs. 48, and community-based juvenile delinquency-related services under ch. 938, and 938 purchased or provided by the department or by a county department under s. 46.215, 46.22, or 46.23, except as provided in s. 49.22 (6) and except when, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, or 46.23 shall apply the fees that it collects under this program to cover the cost of those services.

SB378,104 Section 104. 49.32 (2) (b) of the statutes is amended to read:

SB378,28,18 49.32 (2) (b) The department may make social services payments and payments for community-based juvenile delinquency-related services directly to recipients, vendors, or providers in accordance with law and rules of the department on behalf of the counties that have contracts to have those payments made on their behalf.

SB378,105 Section 105. 49.32 (2) (d) of the statutes is amended to read:

SB378,28,21 49.32 (2) (d) The department shall disburse from state or federal funds or both the entire amount and charge the county for its share under s. 48.569 or 938.526.

SB378,106 Section 106. 49.325 (1) (a) of the statutes is amended to read:

SB378,29,2 49.325 (1) (a) Each county department under s. 46.215, 46.22, or 46.23 shall submit its final budget for services purchased or directly provided under this subchapter or ch. 48 and for community-based juvenile delinquency-related services purchased or directly provided under ch. or 938 to the department by December 31 annually.

SB378,107 Section 107. 49.325 (2) of the statutes is amended to read:

SB378,29,9 49.325 (2) Assessment of needs. Before developing and submitting a proposed budget for services purchased or directly provided under this subchapter or ch. 48 and for community-based juvenile delinquency-related services purchased or directly provided under ch. or 938 to the county executive or county administrator or the county board, the county departments listed in sub. (1) shall assess needs and inventory resources and services, using an open public participation process.

SB378,108 Section 108. 49.325 (2g) (a) of the statutes is amended to read:

SB378,30,2 49.325 (2g) (a) The department shall annually submit to the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department a proposed written contract containing the allocation of funds for services purchased or directly provided under this subchapter or ch. 48, for community-based juvenile delinquency-related services purchased or directly provided under ch. 938, or 938 and for such administrative requirements as necessary. The contract as approved may contain conditions of participation consistent with federal and state law. The contract may also include provisions necessary to ensure uniform cost accounting of services. Any changes to the proposed contract shall be mutually agreed upon. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department shall approve the contract before January 1 of the year in which it takes effect unless the department grants an extension. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may designate an agent to approve addenda to any contract after the contract has been approved.

SB378,109 Section 109. 49.325 (2g) (b) of the statutes is amended to read:

SB378,30,9 49.325 (2g) (b) The department may not approve contracts for amounts in excess of available revenues. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may appropriate funds for community-based juvenile delinquency-related services under ch. 938. Actual expenditure of county funds shall be reported in compliance with procedures developed by the department.

SB378,110 Section 110. 49.325 (2g) (c) of the statutes is amended to read:

SB378,30,15 49.325 (2g) (c) The joint committee on finance may require the department to submit contracts between county departments under ss. 46.215, 46.22, and 46.23 and providers of services under this subchapter or ch. 48 or of community-based juvenile delinquency-related services under ch. 938 to the committee for review and approval.

SB378,111 Section 111. 49.325 (2r) (a) 1. of the statutes is amended to read:

SB378,30,21 49.325 (2r) (a) 1. For services under this subchapter or ch. 48 or community-based juvenile delinquency-related services under ch. 938 that duplicate or are inconsistent with services being purchased or provided by the department or other county departments receiving grants-in-aid or reimbursement from the department.

SB378,112 Section 112. 49.325 (2r) (a) 2. of the statutes is amended to read:

SB378,31,4 49.325 (2r) (a) 2. Inconsistent with state or federal statutes, rules, or regulations, in which case the department may also arrange for the provision of services under this subchapter or ch. 48 or community-based juvenile delinquency-related services under ch. 938 by an alternate agency. The department may not arrange for the provision of those services by an alternate agency unless the joint committee on finance or a review body designated by the committee reviews and approves the department's determination.