1995 Wisconsin Act 27

27,2626 Section 2626 . 48.985 (1) (c) of the statutes is repealed.

27,2627 Section 2627 . 48.985 (1) (e) of the statutes is repealed.

27,2628 Section 2628 . 48.985 (1) (f) of the statutes is repealed.

27,2629 Section 2629 . 48.985 (2) (a) (intro.) and 1. of the statutes are consolidated, renumbered 48.985 (2) and amended to read:

48.985 (2) Community social and mental hygiene services. From the appropriation under s. 20.435 (7) (o), the department shall expend distribute not more than $3,919,800 in each fiscal year of the moneys received under 42 USC 620 to 626 as follows: 1. To to county departments under ss. 46.215, 46.22 and 46.23, for the provision or purchase of child welfare projects and services including child abuse and neglect investigation and treatment services, subject only to local, state and federal requirements specific to the types of projects or services, not more than $1,858,000 in each fiscal year and for the allocation, for services to children and families , not more than $567,300 in each fiscal year and for family-based child welfare services.

27,2630 Section 2630. 48.985 (2) (a) 2. of the statutes is repealed.

27,2631 Section 2631 . 48.985 (2) (a) 3. of the statutes is repealed.

27,2632 Section 2632 . 48.985 (2) (b) of the statutes is repealed.

27,2632m Section 2632m. 48.985 (3) of the statutes is amended to read:

48.985 (3) Community youth and family aids. From the appropriation under s. 20.435 20.410 (3) (oo), the department of corrections shall allocate, to county departments under ss. 46.215, 46.22 and 46.23 for the provision of services under s. 46.26 301.26, not more than $1,100,000 in each fiscal year.

27,2633 Section 2633 . 48.985 (4) of the statutes is amended to read:

48.985 (4) Runaway services. From the appropriation under s. 20.435 (7) (3) (na) for runaway services, not more than $458,600 in each fiscal year.

27,2634m Section 2634m. 48.992 (1) (a) of the statutes is amended to read:

48.992 (1) (a) The “appropriate court" of this state to issue a requisition under s. 48.991 (4) is the court assigned to exercise jurisdiction under this chapter for the county of the petitioner's residence, or, if the petitioner is a child welfare agency, the court so assigned for the county where the agency has its principal office, or, if the petitioner is the department of corrections, any court so assigned in the state.

27,2634p Section 2634p. 48.993 of the statutes is amended to read:

48.993 Juvenile compact administrator. (1) Under the interstate compact on juveniles, the governor may designate an officer or employe of the department of corrections to be the compact administrator, who, acting jointly with like officers of other party states, shall promulgate rules to carry out more effectively the terms of the compact. The compact administrator shall serve subject to the pleasure of the governor. If there is a vacancy in the office of compact administrator or in the case of absence or disability, the functions shall be performed by the secretary of health and social services corrections, or other employe designated by the secretary. The compact administrator may cooperate with all departments, agencies and officers of and in the government of this state and its political subdivisions in facilitating the proper administration of the compact or of any supplementary agreement entered into by this state.

(2) The compact administrator shall determine for this state whether to receive juvenile probationers and parolees of other states under s. 48.991 (7) and shall arrange for the supervision of each such probationer or parolee received, either by the department of corrections or by a person appointed to perform supervision service for the court assigned to exercise jurisdiction under this chapter for the county where the juvenile is to reside, whichever is more convenient. Those persons shall in all such cases make periodic reports to the compact administrator regarding the conduct and progress of the juveniles.

27,2634r Section 2634r. 48.994 of the statutes is amended to read:

48.994 Supplementary agreements. The department of corrections may enter into supplementary agreements with appropriate officials of other states under s. 48.991 (10). If the supplementary agreement requires or contemplates the use of any institution or facility of this state or the provision of any service by this state, the supplementary agreement has no effect until approved by the department or agency under whose jurisdiction the institution or facility is operated or which shall be charged with the rendering of the service.

27,2635g Section 2635g. 48.995 (2) of the statutes is amended to read:

48.995 (2) In the case of an escapee or absconder under s. 48.991 (5) or (6), if the juvenile is in the legal custody or under the supervision of the department of corrections, it shall bear the expense of his or her return; otherwise the appropriate court shall, on petition of the person entitled to the juvenile's custody or charged with his or her supervision, arrange for the transportation at the expense of the county and order that the county reimburse the person, if any, who returns the juvenile, for the person's actual and necessary expenses. In this subsection “appropriate court" means the court which adjudged the juvenile to be delinquent or, if the juvenile is under supervision for another state under s. 48.991 (7), then the court assigned to exercise jurisdiction under this chapter for the county of the juvenile's residence during the supervision.

27,2635m Section 2635m. 48.996 of the statutes is amended to read:

48.996 Compensation. Any judge of this state who appoints counsel or a guardian ad litem pursuant to the provisions of the interstate compact on juveniles may, in the judge's discretion, allow reasonable compensation in an amount not to exceed the compensation paid to private attorneys under s. 977.08 (4m) (b), to be paid by the county on order of the court.

27,2636 Section 2636 . The unnumbered subchapter title preceding 49.001 of the statutes is repealed.

27,2637 Section 2637 . Subchapter I (title) of chapter 49 [precedes 49.001] of the statutes is created to read:

Chapter 49

Subchapter I
Definitions

27,2638 Section 2638 . 49.001 (intro.) of the statutes is renumbered 49.81 (intro.) and amended to read:

49.81 Public assistance recipients' bill of rights. (intro.) The department of health and social services, the department of industry, labor and human relations and all public assistance and relief-granting agencies shall respect rights for recipients of public assistance. The rights shall include all rights guaranteed by the U.S. constitution and the constitution of this state, and in addition shall include:

27,2639 Section 2639 . 49.001 (intro.) of the statutes is created to read:

49.001 Definitions. (intro.) In this chapter:

27,2640 Section 2640 . 49.001 (1) of the statutes is renumbered 49.81 (1).

27,2641 Section 2641 . 49.001 (2) of the statutes is renumbered 49.81 (2).

27,2642 Section 2642 . 49.001 (3) of the statutes is renumbered 49.81 (3).

27,2643 Section 2643 . 49.001 (4) of the statutes is renumbered 49.81 (4).

27,2644 Section 2644 . 49.001 (5m) of the statutes is created to read:

49.001 (5m) “Prisoner" means any person who is either arrested, incarcerated, imprisoned or otherwise detained in excess of 12 hours by any law enforcement agency of this state, except when detention is pursuant to s. 51.15, 51.20, 51.45 (11) (b) or 55.06 (11) (a) or ch. 980. “Prisoner" does not include any person who is serving a sentence of detention under s. 973.03 (4) unless the person is in the county jail under s. 973.03 (4) (c).

27,2645 Section 2645 . Subchapter II (title) of chapter 49 [precedes 49.002] of the statutes is created to read:

Chapter 49

SUBCHAPTER II
RELIEF BLOCK GRANTS

27,2646b Section 2646b. 49.002 (1) of the statutes is amended to read:

49.002 (1) It is declared to be legislative policy that, except in counties that make the election under s. 49.032 (2) (a), all recipients of general relief shall have maximum exposure to job training and job opportunities through the Wisconsin state employment service as well as other government agencies. Applicants and recipients of general relief shall comply with the established work-seeking rules of the general relief agency. Recipients of general relief shall also comply with the established work relief rules of the general relief agency. If a recipient of general relief refuses a bona fide offer of employment or training without good cause, or accepts a bona fide offer and subsequently performs inadequately through wilful neglect, or fails to comply with the work-seeking or work relief rules of the general relief agency, the general relief agency may discontinue general relief payments to the recipient for a period not to exceed 30 days for a first refusal, inadequate performance or failure to comply and for a period not to exceed 60 days for a 2nd or subsequent refusal, inadequate performance or failure to comply. The department shall promulgate rules to establish standards for determinations of benefit discontinuances under this subsection that exceed 30 days. Any Wisconsin taxpayer shall have standing in the circuit court for the purpose of obtaining an injunction to enforce this subsection.

27,2646c Section 2646c. 49.002 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2647b Section 2647b. 49.002 (2) of the statutes is amended to read:

49.002 (2) It is the declared legislative policy that general relief is the payer of last resort in all cases, except those cases involving crime victim awards under s. 949.06, where a benefit is covered by general relief in a county and where a dispute may arise over payment for costs associated with maintaining the health and welfare of recipients providing that benefit to a recipient of general relief, including disputes concerning health care costs with private or public payees of health care costs, other governmental welfare programs, rehabilitation programs and programs requiring institutionalization or long-term medical and psychiatric treatment.

27,2647c Section 2647c. 49.002 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.002 and amended to read:

49.002 Legislative declaration. It is the declared legislative policy that general a county receiving a relief block grant is the payer of last resort in all cases, except those cases involving crime victim awards under s. 949.06, where a benefit is covered by general relief funded by a relief block grant in a county and where a dispute may arise over payment for costs associated with providing that benefit to a recipient of general relief, including disputes concerning health care costs with private or public payees of health care costs, other governmental welfare programs, rehabilitation programs and programs requiring institutionalization or long-term medical and psychiatric treatment providing health care services to recipients of relief funded by a relief block grant.

27,2648 Section 2648 . 49.01 (intro.) of the statutes is amended to read:

49.01 Definitions. (intro.) As used in this chapter subchapter:

27,2649 Section 2649 . 49.01 (1) of the statutes is renumbered 49.43 (1e) and amended to read:

49.43 (1e) “Accommodated person" means any person in a hospital or in a skilled nursing facility or intermediate care facility, as defined in Title XIX of the social security act, who would have been eligible for benefits under s. 49.177 or 49.19 or 49.77 or federal Title XVI if the person were not in such a hospital or facility, and any person in such an institution who can be found eligible for Title XIX under the social security act.

27,2650 Section 2650 . 49.01 (1m) of the statutes is created to read:

49.01 (1m) “Department" means the department of health and social services.

27,2651b Section 2651b. 49.01 (2) of the statutes is amended to read:

49.01 (2) “Dependent person" or “ dependent" means an individual without the presently available money, income, property or credit, or other means by which it can be presently obtained, excluding the exemptions set forth under s. 49.06, sufficient to provide the necessary commodities and services specified in sub. (5m) who is eligible for relief under s. 49.015.

27,2651d Section 2651d. 49.01 (2g) of the statutes is created to read:

49.01 (2g) “Health care services" means such emergency and nonemergency medical, surgical, dental, hospital, nursing and optometric services as are reasonable and necessary under the circumstances, as determined by the county or tribal governing body. “Health care services" does not include services described under s. 51.42 (3) (ar) 4.

27,2652b Section 2652b. 49.01 (3) of the statutes is created to read:

49.01 (3) “Relief" means assistance that is provided to a dependent person and funded by a relief block grant.

27,2653 Section 2653 . 49.01 (3m) (b) of the statutes is created to read:

49.01 (3m) (b) A tribal governing body or an agency under contract with the governing body to administer relief.

27,2654 Section 2654 . 49.01 (4) of the statutes is renumbered 49.001 (1m).

27,2655 Section 2655 . 49.01 (5) of the statutes is renumbered 49.001 (2).

27,2656 Section 2656 . 49.01 (5g) of the statutes is renumbered 49.001 (3).

27,2657b Section 2657b. 49.01 (5m) of the statutes is amended to read:

49.01 (5m) “General relief" means such services, commodities or money as are reasonable and necessary under the circumstances to provide food, housing, clothing, fuel, light, water, medicine, medical, dental, and surgical treatment (including hospital care), optometrical services, nursing, transportation, and funeral expenses, and include. Except in counties that make the election under s. 49.032 (2) (a), general relief also includes benefits under s. 49.032 and any wages for work relief. The food furnished shall be of a kind and quantity sufficient to provide a nourishing diet. The housing provided shall be adequate for health and decency. Where there are children of school age the general relief furnished shall include necessities for which no other provision is made by law. The general relief furnished, whether by money or otherwise, shall be at such times and in such amounts, as will in the discretion of the general relief official or agency meet the needs of the recipient and protect the public.

27,2657c Section 2657c. 49.01 (5m) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2658b Section 2658b. 49.01 (5r) of the statutes is renumbered 49.01 (3m) (intro.) and amended to read:

49.01 (3m) (intro.) “General relief Relief agency" means the following if a county or tribal governing body operates a relief program funded by a relief block grant:

(a) A county department under s. 46.215, 46.22 or 46.23 or an agency under contract with a county department to administer relief.

27,2659 Section 2659 . 49.01 (6) of the statutes is renumbered 49.001 (4).

27,2660 Section 2660 . 49.01 (6m) of the statutes is renumbered 49.001 (5).

27,2661 Section 2661 . 49.01 (7) of the statutes is renumbered 49.43 (10m).

27,2661g Section 2661g. 49.01 (7m) of the statutes is created to read:

49.01 (7m) “Relief block grant" means a block grant awarded to a county or tribal governing body under s. 49.025, 49.027 or 49.029.

27,2661r Section 2661r. 49.01 (7m) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 49.001 (5p).

27,2662 Section 2662 . 49.01 (8g) of the statutes is renumbered 49.001 (6).

27,2663 Section 2663 . 49.01 (8j) of the statutes is created to read:

49.01 (8j) “Secretary" means the secretary of health and social services.

27,2664 Section 2664 . 49.01 (8m) of the statutes is renumbered 49.001 (7).

27,2665 Section 2665 . 49.01 (8p) of the statutes is created to read:

49.01 (8p) “Tribal governing body" means an elected tribal governing body of a federally recognized American Indian tribe.

27,2666 Section 2666 . 49.01 (8r) of the statutes is renumbered 49.001 (8).

27,2667 Section 2667 . 49.01 (9) of the statutes is repealed.

27,2668 Section 2668 . 49.01 (10) of the statutes is repealed.

27,2669 Section 2669 . 49.015 (title) of the statutes is amended to read:

49.015 (title) General relief Relief eligibility.

27,2670b Section 2670b. 49.015 (1) of the statutes is created to read:

49.015 (1) General eligibility requirements. Except as provided in subs. (1m) to (2m), an individual is eligible for relief if the individual meets all of the following conditions: