Wisconsin Legislature: 27,2048

27,2036 Section 2036. 46.03 (35) of the statutes is renumbered 49.32 (4) and amended to read:

49.32 (4) Employment of aid recipients. Assist The department shall assist state agencies in efforts under s. 230.147 to employ recipients of aid under s. 49.19.

27,2037 Section 2037 . 46.03 (36) of the statutes is renumbered 49.32 (5) and amended to read:

49.32 (5) Employment and training and education manual. In conjunction with the department of industry, labor and human relations, produce The department shall produce a manual describing employment and training and education programs for which recipients of public assistance benefits under ch. 49 this subchapter may qualify. The department shall distribute the manual, free of charge, to each county department under s. 46.215, 46.22 or 46.23.

27,2038b Section 2038b. 46.03 (38) of the statutes is amended to read:

46.03 (38) Welfare reform studies. Request proposals from persons in this state for studies of the effectiveness of various program changes, referred to as welfare reform, to the aid to families with dependent children program and the medical assistance program, including the requirement that certain recipients of aid to families with dependent children with children under age 6 participate in training programs, the requirement under s. 49.50 (7) (g) that certain teenage recipients of aid to families with dependent children remain in school, the modification of the earned income disregard under s. 49.19 (5) (am) and the extension of medical assistance benefits under ss. 49.46 (1) (co) and 49.47 (4) (am). The studies shall evaluate the effectiveness of the various efforts, including their cost-effectiveness, in helping individuals gain independence through the securing of jobs, the availability of health insurance coverage and providing financial incentives and in identifying barriers to independence.

27,2039g Section 2039g. 46.031 (1) (a) of the statutes is renumbered 46.031 (1) (a) (intro.) and amended to read:

46.031 (1) (a) (intro.) Each county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 shall submit its final budget for services directly provided or purchased to the department by December 31 annually. The final budget shall be submitted on a uniform budget reporting form that the department shall develop and distribute for use and that shall include all of the following:

27,2039r Section 2039r. 46.031 (1) (a) 1. to 3. of the statutes are created to read:

46.031 (1) (a) 1. Uniform definitions of target populations and of programs and services that a county provides or purchases using funds allocated and distributed under s. 46.40.

2. Planned expenditures for the programs and services specified in subd. 1. that are separately identified by at least the following sources of funding:

a. State-distributed funds.

b. Funds obtained from levy of county property tax.

c. Client and 3rd-party fees.

d. Other funds.

3. Estimates of the number of clients to be served under each program or service that the county plans to provide or purchase using funds allocated under s. 46.40.

27,2040 Section 2040 . 46.031 (2g) (b) of the statutes is amended to read:

46.031 (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 not used to match state funds under ss. 49.52 (1) 46.495 (1) (d) and 51.423. Actual expenditure of county funds shall be reported in compliance with procedures developed by the department, and shall comply with standards guaranteeing quality of care comparable to similar facilities.

27,2041 Section 2041 . 46.032 (title) of the statutes is renumbered 49.33 (title).

27,2042 Section 2042 . 46.032 of the statutes is amended to read:

46.032 Income maintenance administration. County departments under ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department detailing the reasonable cost of administering the income maintenance programs under ss. 49.046, 49.19, 49.45 to 49.47 and 49.50 (7) and the food stamp program under 7 USC 2011 to 2029 when so appointed by the department. Contracts created under this section control the distribution of payments under s. 20.435 (4) (de) and (nL) in accordance with the reimbursement method established under s. 49.52 (1) (ad). The department may reduce its payment to any county under s. 20.435 (4) (de) and (nL) if federal reimbursement is withheld due to audits, quality control samples or program reviews.

27,2043 Section 2043 . 46.032 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.33 (2) and amended to read:

49.33 (2) (title) Contracts. County departments under ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department detailing the reasonable cost of administering the income maintenance programs under ss. 49.19, 49.26 (1) and 49.45 to 49.47 and 49.50 (7) and the food stamp program under 7 USC 2011 to 2029 when so appointed by the department. Contracts created under this section control the distribution of payments under s. 20.435 (4) 20.445 (3) (de) and (nL) in accordance with the reimbursement method established under s. 49.52 (1) (ad) 49.33 (8). The department may reduce its payment to any county under s. 20.435 (4) 20.445 (3) (de) and (nL) if federal reimbursement is withheld due to audits, quality control samples or program reviews.

27,2044 Section 2044 . 46.033 (title) of the statutes is repealed.

27,2045 Section 2045. 46.033 (1) (intro.) of the statutes is repealed.

27,2046 Section 2046 . 46.033 (1) (a) of the statutes is amended to read:

46.033 (1) (a) “Income maintenance program" means relief of needy Indian persons under s. 49.046, aid to families with dependent children under s. 49.19, medical assistance under ss. 49.45 to 49.47 or the food stamp program under 7 USC 2011 to 2029.

27,2047 Section 2047 . 46.033 (1) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.33 (1) (b) and amended to read:

49.33 (1) (b) “Income maintenance program" means aid to families with dependent children under s. 49.19, medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49 or the food stamp program under 7 USC 2011 to 2029.

27,2048 Section 2048 . 46.033 (1) (b) of the statutes is renumbered 49.33 (1) (c).

27,2049 Section 2049 . 46.033 (2) of the statutes is renumbered 49.33 (3).

27,2050 Section 2050 . 46.036 (1) of the statutes is amended to read:

46.036 (1) All care and services purchased by the department or by a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes or treatment foster homes that are required to be licensed under s. 48.62. When the department directly contracts for services, it shall follow the procedures in this section in addition to meeting purchasing requirements established in s. 16.75.

27,2051 Section 2051 . 46.036 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

46.036 (1) All care and services purchased by the department or by a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, except as provided under subch. III of ch. 49 and s. 301.08 (2), shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes or treatment foster homes that are required to be licensed under s. 48.62. When the department directly contracts for services, it shall follow the procedures in this section in addition to meeting purchasing requirements established in s. 16.75.

27,2051m Section 2051m. 46.039 of the statutes is repealed.

27,2052 Section 2052 . 46.041 (1) (a) of the statutes is amended to read:

46.041 (1) (a) Provide for the temporary residence and evaluation of children referred from courts assigned to exercise jurisdiction under ch. 48, the institutions and services under the jurisdiction of the department, university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215, 46.22 or 46.23, private child welfare agencies, schools for the deaf and visually handicapped, and mental health facilities within the state at the discretion of the superintendent.

27,2052p Section 2052p. 46.043 of the statutes is created to read:

27,2052r Section 2052r. 46.043 of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

46.043 Secured adolescent treatment unit. The department shall provide a secured adolescent treatment unit at the Mendota Mental Health Institute. The department may designate not more than 43 beds at the secured adolescent treatment unit as secured correctional facility, as defined in s. 48.02 (15m), beds. From the appropriation under s. 20.435 20.410 (3) (hm), the department of corrections may expend not more than $2,864,200 $2,500,000 in fiscal year 1995-96 1996-97 for services for children placed in that secured adolescent treatment unit. The department of health and social services may charge the department of corrections not more than the actual cost of providing services for children under the supervision of the department of corrections who are provided services at the secured adolescent treatment unit.

27,2053m Section 2053m. 46.049 of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

27,2054 Section 2054 . 46.10 (2) of the statutes, as affected by 1993 Wisconsin Acts 479, section 8, and 481, section 9, is amended to read:

46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.34 (4m), 48.357 (4) and (5) (e), 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.175, and any person receiving treatment and services from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

27,2055 Section 2055 . 46.10 (2) of the statutes, as affected by 1993 Wisconsin Acts 385, 479 and 481 and 1995 Wisconsin Act .... (this act), is amended to read:

46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.34 (4h) or (4m), 48.357 (4) and (5) (e), 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.175 49.73, and any person receiving treatment and services from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

27,2055m Section 2055m. 46.16 (1) of the statutes is amended to read:

46.16 (1) Generally. The department shall investigate and supervise all the charitable, and curative and reformatory institutions, including county infirmaries, of every county and municipality, except tuberculosis sanatoriums; all shelter care facilities for children and all hospitals, asylums and institutions, organized for the purpose set forth in s. 58.01, and familiarize itself with all the circumstances affecting their management and usefulness.

27,2056 Section 2056 . 46.175 of the statutes is amended to read:

46.175 County institutions: minimum standards. Notwithstanding any other provision of law, any county currently operating an institution established under s. 49.14, 49.16, 49.171, 49.70, 49.71, 49.72, 51.08 or 51.09 may, by resolution of the county board, designate such institution or distinct part of such institution as a facility to be operated under s. 50.02, 50.03 or 50.33. Any county institution or part thereof, where so designated, shall be required to meet those licensure standards established by the department for the type of facility designated by the county. Any designation under this section may be made only if such designation will not result in any additional cost to the state.

27,2057 Section 2057 . 46.18 (13) of the statutes is amended to read:

46.18 (13) Building reserve fund. The county board shall maintain as a segregated cash reserve an annual charge of 2% of the original cost of new construction or purchase or of the appraised value of existing infirmary structures and equipment. If the infirmary or any of its equipment is replaced, any net cost of replacement in excess of the original cost is subject to an annual charge of 2%. No contributions to the cash reserve in excess of the amount required under this subsection may be included in the calculation under s. 49.173 (1) 49.726 (1). The county board may from time to time appropriate from such reserve sums to be expended solely for the enlargement, modernization or replacement of such infirmary and its equipment.

27,2058 Section 2058 . 46.206 of the statutes is amended to read:

46.206 (title) Welfare Social services; supervisory functions of state department. (1) (a) The department shall supervise the administration of social services and aid to families with dependent children, including related employment and training programs, except as provided under subch. III of ch. 49 and except for juvenile delinquency-related services. The department shall submit to the federal authorities state plans for the administration of social services and aid under s. 49.19, except as provided under subch. III of ch. 49 and except for juvenile delinquency-related services, in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.

(b) All records of the department and all county records relating to social services, aid to families with dependent children and aid under s. 49.18, 1971 stats., s. 49.20, 1971 stats., and s. 49.61, 1971 stats., as affected by chapter 90, laws of 1973, shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding s. 48.396 (2), all county records relating to the administration of such the services and public assistance shall be open to inspection at all reasonable hours by authorized representatives of the department.

(bm) All records of the department relating to aid provided under s. 49.177, 49.19, 49.46, 49.465, 49.468 or, 49.47 or 49.77 are open to inspection at reasonable hours by members of the legislature who require the information contained in the records in pursuit of a specific state legislative purpose. All records of any county relating to aid provided under s. 49.177, 49.19, 49.46, 49.465, 49.468 or, 49.47 or 49.77 are open to inspection at reasonable hours by members of the board of supervisors of the county or the governing body of a city, village or town located in the county who require the information contained in the records in pursuit of a specific county or municipal legislative purpose. The right to records access provided by this paragraph does not apply if access is prohibited by federal law or regulation or if this state is required to prohibit such access as a condition precedent to participation in a federal program in which this state participates.

(c) The department may at any time audit all county records relating to the administration of such the services and public assistance specified in this section and may at any time conduct administrative reviews of county departments under ss. 46.215 and 46.22. If the department conducts such an audit or administrative review in a county, it the department shall furnish a copy of the audit or administrative review report to the chairperson of the county board of supervisors and the county clerk in a county with a single-county department or to the county boards of supervisors and the county clerks in counties with a multicounty department, and to the director of the county department under s. 46.21 or 46.22.

(2) The county administration of all laws relating to social services and aid to families with dependent children, except with respect to the programs under subch. III of ch. 49 and to juvenile delinquency-related programs, shall be vested in the officers and agencies designated in the statutes.

27,2059b Section 2059b. 46.208 of the statutes is amended to read:

46.208 General relief Relief block grants; functions of state department. (1) All records of the county or tribal governing body relating to the administration of general relief, if the department reimburses the county under s. 49.035, that is funded by a relief block grant under ch. 49 shall be open to inspection at all reasonable hours by authorized representatives of the department.

(2m) The department may at any time audit all records of the general relief agency relating to the administration of general relief, if the department reimburses the county under s. 49.035 funded by a relief block grant under ch. 49 and may at any time conduct administrative reviews of a county department under s. 46.215, 46.22 or 46.23. The department shall furnish a copy of the county audit or administrative review report to the chairperson of the county board of supervisors and the county clerk in a county with a single-county department or to the county boards of supervisors and the county clerks in counties with a multicounty department, and to the county director of the county department under s. 46.215, 46.22 or 46.23.

27,2060 Section 2060 . 46.21 (1) (d) of the statutes is amended to read:

46.21 (1) (d) “Human services" means the total range of services to people, including mental illness treatment, developmental disabilities services, physical disabilities services, general relief funded by a relief block grant under ch. 49, income maintenance, youth probation and parole services, alcohol and drug abuse services, services to children, youth and families, family counseling, exceptional educational services for children from birth to the age of 3 and manpower services.

27,2060m Section 2060m. 46.21 (2) (j) of the statutes is amended to read:

46.21 (2) (j) May exercise approval or disapproval power over contracts and purchases of the director that are for $50,000 or more, except that the county board of supervisors may not exercise approval or disapproval power over any personal service contract or over any contract or purchase of the director which relates to community living arrangements, adult family homes, foster homes or treatment foster homes and which was entered into pursuant to a contract under s. 46.031 (2g) or 301.031 (2g), regardless of whether the contract mentions the provider, except as provided in par. (m). This paragraph does not preclude the county board of supervisors from creating a central purchasing department for all county purchases.

27,2061 Section 2061 . 46.21 (2m) (c) of the statutes is amended to read:

46.21 (2m) (c) Exchange of information. Notwithstanding ss. 48.78 (2) (a), 49.45 (4), 49.53 (1m) 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and 253.07 (3) (c), any subunit of the county department of human services acting under this subsection may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of human services or with any person providing services to the client under a purchase of services contract with the county department of human services, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of human services to coordinate the delivery of services to the client.

27,2061m Section 2061m. 46.21 (4m) (a) of the statutes is amended to read:

46.21 (4m) (a) The county hospitals and county sanatoriums of a county with a population of 500,000 or more shall be devoted to hospital service and the treatment of any person who would otherwise be unable to secure that service and treatment, but other persons may be admitted to the county hospitals upon the patients upon such terms and conditions as the county board of supervisors establishes. The hospitals and sanatoriums may be utilized for instruction of medical students, physicians and nurses and for scientific and clinical research that will promote the welfare of the patients and assist the application of science to the alleviation of human suffering.

27,2062 Section 2062 . 46.21 (7) of the statutes is amended to read:

46.21 (7) Applicability. Except as provided in s. 59.07 (153), this section does not apply, with respect to the county hospital under s. 49.16 (2) 49.71 (2), if the county board of supervisors acts under s. 59.07 (153).

27,2063 Section 2063 . 46.215 (1) (intro.) of the statutes is amended to read:

46.215 (1) Creation; powers and duties. (intro.) In a county with a population of 500,000 or more the administration of welfare services is vested in a county department of social services under the jurisdiction of the county board of supervisors under s. 46.21 (2m) (b) 1. a. and in conformity with s. 49.50. Any reference in any law to a county department of social services under this section applies to a county department under s. 46.21 (2m) in its administration under s. 46.21 (2m) of the powers and duties of the county department of social services. The county department of social services shall have the following functions, duties and powers, and such other welfare functions as may be delegated to it:

27,2064 Section 2064 . 46.215 (1) (a) of the statutes is amended to read:

46.215 (1) (a) To make investigations relating to relief or welfare administration and admissions to state and, county and other institutions upon request of court, superintendent, district attorney, veterans' service commission or any other county official.

27,2065 Section 2065 . 46.215 (1) (d) of the statutes is amended to read:

46.215 (1) (d) To make investigations which that relate to welfare services under subchs. II, IV and V of ch. 49 upon request by the department of health and social services, to make investigations that relate to juvenile delinquency-related services at the request of the department of corrections and to make investigations that relate to programs under subch. III of ch. 49 upon request by the department of industry, labor and human relations.

27,2066b Section 2066b. 46.215 (1) (fm) of the statutes is amended to read:

46.215 (1) (fm) To administer general relief funded by a relief block grant under s. 49.02 ch. 49, if the county operates a program funded by a relief block grant under that chapter.

27,2067 Section 2067 . 46.215 (1) (j) of the statutes is amended to read:

46.215 (1) (j) To make payments in such manner as the department of health and social services industry, labor and human relations may determine for training of recipients, former recipients and potential recipients of aid in programs established under ss. 49.193 and 49.50 (7) 49.26 (1).

27,2068 Section 2068 . 46.215 (1) (L) of the statutes is amended to read:

46.215 (1) (L) Within the limits of available state and federal funds and of county funds appropriated to match state funds, to provide social services for persons eligible for or receiving benefits under the supplementary security income program under federal Title XVI, the supplemental payments program under s. 49.177 49.77 or aid to families with dependent children under s. 49.19.

27,2069 Section 2069 . 46.215 (1) (n) of the statutes is amended to read:

46.215 (1) (n) To collect and transmit information to the department of health and social services administration so that a federal energy assistance payment may be made to an eligible household; to collect and transmit information to the department of administration so that weatherization services may be made available to an eligible household; to receive applications from individuals seeking low-income energy assistance under s. 49.80 (4) 16.385 (4) or weatherization services under s. 16.39; to provide information on the income eligibility for weatherization of a recipient of low-income energy assistance to an entity with which the department of administration contracts for provision of weatherization under s. 16.39; and to receive a request, determine a correct payment amount, if any, and provide payment, if any, for emergency assistance under s. 49.80 (8) 16.385 (8).

27,2070 Section 2070 . 46.215 (2) (a) of the statutes is renumbered 46.215 (2) (a) 1. and amended to read:

46.215 (2) (a) 1. In order to ensure the availability of a full range of care and services, the county department of social services may contract, either directly or through the department of health and social services, with public or voluntary agencies or others to purchase, in full or in part, care and services, except as provided under subch. III of ch. 49 and s. 301.08 (2), which the county department of social services is authorized by any statute to furnish in any manner. Such This care and these services may be purchased from the department of health and social services if the department of health and social services has staff to furnish the care and services. If the county department of social services has adequate staff, it may sell the care and services directly to another county or state agency.

27,2071 Section 2071 . 46.215 (2) (a) 2. of the statutes is created to read: