1995 Wisconsin Act 27

27,2283 Section 2283 . 46.40 (3) (a) of the statutes is repealed.

27,2284 Section 2284 . 46.40 (3) (b) 1. of the statutes is repealed.

27,2285 Section 2285 . 46.40 (3) (b) 2. of the statutes is repealed.

27,2286 Section 2286 . 46.40 (3) (b) 3. of the statutes, as created by 1993 Wisconsin Act 446, is renumbered 46.40 (1) (b) and amended to read:

46.40 (1) (b) Notwithstanding s. 46.49, if the department receives any federal moneys under 42 USC 670 to 679a in reimbursement of moneys allocated under sub. (1) par. (a) for the provision of foster care, the department shall distribute those federal moneys for services and projects to assist children and families.

27,2287 Section 2287 . 46.40 (3m) of the statutes is repealed.

27,2288 Section 2288 . 46.40 (4) of the statutes is repealed.

27,2289b Section 2289b. 46.40 (4m) of the statutes is created to read:

46.40 (4m) Low-income child care allocation. For low-income and at-risk child care, the department shall distribute under s. 46.98 (2) not more than $21,404,100 in fiscal year 1995-96 and not more than $21,504,800 in fiscal year 1996-97.

27,2290 Section 2290 . 46.40 (5) of the statutes is repealed.

27,2291 Section 2291 . 46.40 (6) of the statutes is repealed.

27,2292m Section 2292m. 46.40 (7) of the statutes is amended to read:

46.40 (7) (title) Family support programs allocation. For family support programs for the families of disabled children under s. 46.985, the department shall distribute not more than $1,506,600 for the last 6 months of 1993, not more than $4,339,800 for 1994 and not more than $2,169,900 for the first 6 months of 1995 $4,339,800 in each fiscal year.

27,2293m Section 2293m. 46.40 (8) of the statutes is amended to read:

46.40 (8) (title) Alzheimer's family and caregiver support allocation. For services to persons with Alzheimer's disease and their caregivers under s. 46.87, the department shall distribute not more than $938,500 for the last 6 months of 1993, not more than $1,877,000 for 1994 and not more than $938,500 for the first 6 months of 1995 $1,877,000 for each fiscal year.

27,2294 Section 2294 . 46.40 (9) of the statutes is repealed.

27,2295 Section 2295 . 46.40 (10) of the statutes is repealed.

27,2296 Section 2296 . 46.40 (12) of the statutes is repealed.

27,2296m Section 2296m. 46.40 (14m) of the statutes is created to read:

46.40 (14m) County community aids budgets. Before December 1 of each year, each county department under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 and each tribal governing body shall submit to the department a proposed budget for the expenditure of funds allocated under this section. The proposed budget shall be submitted on a form developed by the department and approved by the department of administration.

27,2297 Section 2297 . 46.45 (intro.) of the statutes is amended to read:

46.45 Carry-over of community aids funds. (intro.) Funds allocated by the department under ss. 46.495 (1) (d), 46.87 (3) (c) 4. and (4), 46.98 (2) (a), 49.52 (1) (d) and 51.423 (2) but not spent or encumbered by counties, governing bodies of federally recognized American Indian tribes or private nonprofit organizations by December 31 of each year and funds recovered under ss. 49.52 (2) (b) 46.495 (2) (b) and 51.423 (15) and deposited in the appropriation under s. 20.435 (7) (b) lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year under s. 20.435 (7) (b) or as follows:

27,2298 Section 2298 . 46.45 (1) of the statutes is amended to read:

46.45 (1) The department shall carry forward funds allocated for child care under s. 46.98 (2) (a) as provided under s. 20.435 (6) (3) (jg) and (n).

27,2299 Section 2299 . 46.45 (3) (a) of the statutes is amended to read:

46.45 (3) (a) Except as provided in par. (b), at the request of a county, tribal governing body or private nonprofit organization, the department shall carry forward up to 3% of the total amount allocated to the county, tribal governing body or nonprofit organization for a calendar year, except for funds allocated for child care under s. 46.98 (2) (a), for use by the county, tribal governing body or nonprofit organization in the following calendar year. The department may not carry forward more than 25% of the amount distributed to a county, tribal governing body or nonprofit organization for any allocation under s. 46.40 (3) (a), (3m) and (5) to (12). The department may permit a county department or nonprofit organization to carry forward amounts allocated under s. 46.40 (4) (a) for child care services under s. 46.98 (3), as provided in s. 46.40 (4) (b). All funds carried forward for a tribal governing body or nonprofit organization, all federal child welfare funds under 42 USC 620 to 626, federal alcohol, drug abuse and mental health block grant funds under 42 USC 300x to 300x-9 and all child care funds under s. 46.98 (2) (a) and all funds allocated under s. 46.40 (2m) carried forward for a county shall be used for the purpose for which the funds were originally allocated. Except as provided under par. (am), other funds carried forward may be used for any purpose under s. 20.435 (7) (b). If a county match was required by s. 49.52 (1) (d) or 51.423 (2) when funds carried forward were originally distributed, the county match requirement applies to the funds in the following calendar year.

27,2300 Section 2300 . 46.47 (1) of the statutes is renumbered 46.47 and amended to read:

46.47 Community aids performance standards. The department, with the assistance of representatives from counties and human services advocates, after consultation with the department of administration and with county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437, shall develop performance standards for mental health and juvenile justice services funded by community aids funds allocated under s. 46.40. These performance standards shall require a performance evaluation of any private sector human service provider receiving community aids funds allocated under s. 46.40. The department shall implement the performance standards no later than July 1, 1996.

27,2301 Section 2301 . 46.47 (2) of the statutes is repealed.

27,2301m Section 2301m. 46.48 (5) of the statutes is amended to read:

46.48 (5) Alcohol and other drug abuse residential treatment. For funding of at least 8 beds at a community-based residential facility in which English and Spanish are spoken, to provide treatment for alcohol and other drug abuse to residents of a 1st class city, the department may distribute not more than $248,200 for each fiscal year as a grant to the New Beginning residential treatment program in the city of Milwaukee. This paragraph does not apply after June 30, 1995.

27,2301n Section 2301n. 46.48 (6) (a) of the statutes is renumbered 46.48 (6).

27,2301p Section 2301p. 46.48 (6) (b) of the statutes is repealed.

27,2302m Section 2302m. 46.48 (13) of the statutes is amended to read:

46.48 (13) Supported employment opportunities. The department shall distribute not more than $30,000 in the last 6 months of 1993, not more than at least $60,000 for 1994 and not more than $30,000 for the first 6 months of 1995 in each fiscal year for programs to provide supported employment opportunities for severely disabled persons.

27,2303m Section 2303m. 46.48 (14) of the statutes is amended to read:

46.48 (14) Epilepsy services grants. The department shall distribute not more than $75,000 for the last 6 months of 1993, not more than $150,000 for 1994 and not more than $75,000 for the first 6 months of 1995 in each fiscal year for grants under s. 46.57 for services to persons with epilepsy.

27,2304 Section 2304 . 46.48 (16) (b) of the statutes is created to read:

46.48 (16) (b) In addition to the amounts distributed under par. (a), if the department receives any federal moneys under 45 CFR 1356.60 to match the expenditure of funds under par. (a), the department shall distributed those moneys for the purposes specified in par. (a).

27,2306 Section 2306 . 46.485 (1) of the statutes is amended to read:

46.485 (1) In this section, “severely:

(d) “Severely emotionally disturbed child" has the meaning given in s. 49.45 (25) (a).

27,2307 Section 2307 . 46.485 (1) (a) to (c) of the statutes are created to read:

46.485 (1) (a) “Inpatient facility" has the meaning given in s. 51.01 (10).

(b) “Limited service health organization" has the meaning given in s. 609.01 (3).

(c) “Serious emotional disturbance" has the meaning given in 42 USC 290ff-4 (d) (4).

27,2308 Section 2308 . 46.485 (2) of the statutes is repealed.

27,2309 Section 2309 . 46.485 (2g) of the statutes is created to read:

46.485 (2g) From the appropriation under s. 20.435 (1) (b), the department may in each fiscal year transfer funds to the appropriation under s. 20.435 (7) (kb) for distribution under this section and from the appropriation under s. 20.435 (7) (mb) the department shall distribute $240,000 in each fiscal year to applying counties in this state that meet all of the following requirements, as determined by the department:

(a) Any of the following applies to the county:

1. The county receives a grant under 42 USC 290ff to 290ff-4 for community mental health services for children with serious emotional disturbances.

2. The county receives any grant for services to severely emotionally disturbed children.

3. The county is in compliance with the requirements of s. 46.56, except that the county need not receive funding under s. 46.56 (15).

(b) The county submits to the department a plan that specifies the proposed use of funds to implement the program under this section, including, at the time of termination of funding under this section, enrollment of children served under the program in a limited service health organization that covers both inpatient and outpatient expenses.

27,2310 Section 2310 . 46.485 (2g) (intro.) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

46.485 (2g) (intro.) From the appropriation under s. 20.435 (1) (b), the department may in each fiscal year transfer funds to the appropriation under s. 20.435 (7) (3) (kb) for distribution under this section and from the appropriation under s. 20.435 (7) (mb) the department shall distribute $240,000 in each fiscal year to applying counties in this state that meet all of the following requirements, as determined by the department:

27,2311 Section 2311 . 46.485 (2m) of the statutes is repealed.

27,2312 Section 2312 . 46.485 (3) of the statutes is repealed.

27,2313 Section 2313 . 46.485 (3g), (3m) and (3r) of the statutes are created to read:

46.485 (3g) The amount that the department may transfer under sub. (2g) for a county may not exceed the estimated state share of payments under s. 49.45, 49.46 or 49.47 for mental health care and treatment that is provided in inpatient facilities for children with a severe emotional disturbance who reside in the county.

(3m) Funds that are distributed under sub. (2g) may be used for all of the following:

(a) Mental health care and treatment, other than care and treatment under s. 51.35 (3), in an inpatient facility for children with severe emotional disturbances.

(b) Community mental health services for children with severe emotional disturbances.

(3r) Funds that a county does not encumber before 24 months after June 30 of the fiscal year in which the funds were distributed under sub. (2g) lapse to the appropriation under sub. 20.435 (1) (b).

27,2314 Section 2314 . 46.485 (4) of the statutes is amended to read:

46.485 (4) The county receiving funds under sub. (2) (2g) is not liable for payment for any care and treatment of the type authorized to be paid under sub. (2) (a) 1. (3m) that is above the amount transferred under sub. (2) (a) (intro.) (2g) (intro.).

27,2315 Section 2315 . 46.49 (1) of the statutes, as affected by 1993 Wisconsin Act 446, is amended to read:

46.49 (1) Subject to ss. 46.40 (3) (b) 3. (1) (b) and 46.48 (15) (b), if the department receives unanticipated federal alcohol, drug abuse and community mental health services block grant funds under 42 USC 300x to 300x-9, federal prevention and treatment of substance abuse block grant funds under 42 USC 300x-21 to 300x-35, federal child care grant funds under 42 USC 603 (n), foster care and adoption assistance payments under 42 USC 670 to 679a or child care and development block grant funds under 42 USC 9858 and it proposes to allocate the unanticipated funds so that an allocation limit in s. 46.40 is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limits under s. 46.40. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding s. 46.40, only with the approval of the committee.

27,2316 Section 2316 . 46.51 (1) of the statutes is amended to read:

46.51 (1) From the amounts distributed under s. 46.40 (3) (a) (1) for services for children and families, the department shall distribute funds to eligible counties for services related to child abuse and neglect, including child abuse and neglect prevention, investigation and treatment.

27,2316m Section 2316m. 46.52 of the statutes is created to read:

46.52 Integrated community services. From the appropriation under s. 20.435 (7) (md), the department shall distribute $350,000 in each fiscal year to counties to assist in relocating individuals with mental illness from institutional or residential care to less restrictive and more cost-effective community settings and services.

27,2316n Section 2316n. 46.53 of the statutes is created to read:

46.53 Mental health treatment provider training. From the appropriation under s. 20.435 (7) (md), the department shall distribute $182,000 in each fiscal year to provide training for mental health treatment professionals on new mental health treatment approaches in working with special populations, including seriously mentally ill individuals and children with serious emotional disturbances, and on the use of new mental health treatment medications.

27,2316p Section 2316p. 46.54 of the statutes is created to read:

46.54 Consumer and family self-help and peer-support programs. From the appropriation under s. 20.435 (7) (md), the department shall distribute $180,000 in each fiscal year to counties to increase support for mental health family support projects, employment projects operated by consumers of mental health services, mental health crisis intervention and drop-in projects and public mental health information activities.

27,2317 Section 2317 . 46.56 (14) (a) (intro.) of the statutes is amended to read:

46.56 (14) (a) (intro.) In order to support the development of a comprehensive system of coordinated care for children with severe disabilities and their families, the department shall establish a statewide advisory committee with representatives of county departments, the department of public instruction, educational agencies, professionals experienced in the provision of services to children with severe disabilities, families with children with severe disabilities, advocates for such families and their children, the subunit of the department of industry, labor and human relations that administers vocational rehabilitation, the technical college system, health care providers, courts assigned to exercise jurisdiction under ch. 48, child welfare officials, and other appropriate persons as selected by the department. The department may use an existing committee for this purpose if it has representatives from the listed groups and is willing to perform the required functions. This committee shall do all of the following:

27,2318 Section 2318 . 46.56 (15) (a) of the statutes is amended to read:

46.56 (15) (a) From the appropriation under s. 20.435 (7) (3) (co), the department shall make available funds to implement programs. The funds may be used to pay for the intake, assessment, case planning and service coordination provided under sub. (8) and for expanding the capacity of the county to provide community-based care and treatment for children with severe disabilities.

27,2319 Section 2319 . 46.62 (title) of the statutes is renumbered 49.26 (2) (title).

27,2320 Section 2320 . 46.62 (1) of the statutes is renumbered 49.26 (2) (a) and amended to read:

49.26 (2) (a) In this section subsection, “county department" means a county department under s. 46.215, 46.22 or 46.23.

27,2322b Section 2322b. 46.62 (2) of the statutes is renumbered 49.26 (2) (b) and amended to read:

49.26 (2) (b) From the appropriation under s. 20.435 (4) (dg) 20.445 (3) (dg), the department shall allocate funds to county departments for the provision of case management services to individuals who are required to attend school subject to the school attendance requirement under the learnfare program under s. 49.50 (7) (g) sub. (1) and their families to improve the school attendance and achievement of those individuals. At least 75% of the funds that the department allocates under this subsection paragraph to provide case management services to individuals who are 13 to 19 years of age shall be allocated to a county department of a county with a population of 500,000 or more. A county department is eligible to receive funds under this section subsection to provide case management services to individuals who are 13 to 19 years of age in a year if 35 or more individuals, 13 to 19 years of age, residing in the county were sanctioned under s. 49.50 (7) (h) sub. (1) (h) or were subject to the monthly attendance requirement under s. HSS 201.195 (4) (b) 2., Wis. adm. code, in any month during the previous year.

27,2323 Section 2323 . 46.62 (3) of the statutes is renumbered 49.26 (1) (c) and amended to read:

49.26 (1) (c) A county department may provide services under this section subsection directly or may contract with a nonprofit agency or a school district to provide the services.

27,2324 Section 2324 . 46.62 (4) of the statutes is renumbered 49.26 (1) (d) and amended to read:

49.26 (1) (d) A county department that provides services under this section subsection directly shall develop a plan, in coordination with the school districts located in whole or in part in the county, describing the assistance that the county department and school districts will provide to individuals receiving services under this section subsection, the number of individuals that will be served and the estimated cost of the services. The county department shall submit the plan to the department of health and social services industry, labor and human relations and the department of public instruction by August 15, annually.