1995 Wisconsin Act 27

27,2022 Section 2022 . 46.011 (intro.) of the statutes is amended to read:

46.011 Definitions. (intro.) In chs. 46 to, 48, 50, 51, 55 and 58, unless the context requires otherwise:

27,2023m Section 2023m. 46.016 of the statutes is amended to read:

46.016 Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning public assistance, social security, child welfare and youth services, youth corrections, mental hygiene, services for the blind, vocational rehabilitation, and in other matters of mutual concern pertaining to public welfare.

27,2025 Section 2025 . 46.02 of the statutes is amended to read:

46.02 Agency powers and duties. Any institution which is subject to chs. 46, 48 to 51, 55 and 58 and to regulation under ch. 150 shall, in cases of conflict between chs. 46, 48 to 51, 55 and 58 and ch. 150, be governed by ch. 150. The department shall promulgate rules and establish procedures for resolving any such controversy.

27,2026 Section 2026 . 46.025 of the statutes is repealed.

27,2026g Section 2026g. 46.027 of the statutes is repealed.

27,2026m Section 2026m. 46.03 (1) of the statutes is amended to read:

46.03 (1) Institutions governed. Maintain and govern all secured correctional facilities, as defined in s. 48.02 (15m), that are operated by the department; the Mendota and the Winnebago mental health institutes; and the centers for the developmentally disabled.

27,2026p Section 2026p. 46.03 (4) (b) 1. of the statutes is amended to read:

46.03 (4) (b) 1. The department, in order to discharge more effectively its responsibilities under this chapter and ch. 48 and other relevant provisions of the statutes, is authorized to study causes and methods of prevention and treatment of juvenile delinquency, mental illness, mental deficiency, mental infirmity, and related social problems, including establishment of demonstration projects to apply and evaluate such methods in actual cases. The department is directed and authorized to utilize all powers provided by the statutes, including the authority under sub. (2a), to accept grants of money or property from federal, state or private sources, and to enlist the cooperation of other appropriate agencies and state departments; it may enter into agreements with local government subdivisions, departments and agencies for the joint conduct of such projects; and it may purchase services when deemed appropriate.

27,2026r Section 2026r. 46.03 (6) of the statutes, as affected by 1993 Wisconsin Acts 377 and 385, is repealed.

27,2027m Section 2027m. 46.03 (7) (a) of the statutes is amended to read:

46.03 (7) (a) Promote the enforcement of laws for the protection of developmentally disabled children, delinquent children, children in need of protection or services and nonmarital children; and to this end cooperate with courts assigned to exercise jurisdiction under ch. 48 and licensed child welfare agencies and institutions (public and private) and take the initiative in all matters involving the interests of such children where adequate provision therefor has not already been made, including the establishment and enforcement of standards for services provided under ss. 48.34 and s. 48.345.

27,2027p Section 2027p. 46.03 (7) (am) of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

27,2028m Section 2028m. 46.03 (7) (e) of the statutes is repealed.

27,2029 Section 2029 . 46.03 (7m) of the statutes is amended to read:

46.03 (7m) Foster care. For the In each federal fiscal years commencing October 1, 1994, and October 1, 1995 year, ensure that there are no more than 2,200 children in foster care and treatment foster care placements for more than 24 months, consistent with the best interests of each child. Services provided in connection with this requirement shall comply with the requirements under P.L. 96-272.

27,2030 Section 2030 . 46.03 (8) of the statutes is renumbered 103.005 (17) and amended to read:

103.005 (17) Administer The department shall administer those programs of public assistance, as provided in that are specified in subch. III of ch. 49.

27,2031 Section 2031 . 46.03 (12) of the statutes is repealed.

27,2031m Section 2031m. 46.03 (13) of the statutes is amended to read:

46.03 (13) Charges. In compliance with the compensation plan established under s. 230.12 (3), have authority to make and determine charges for meals, living quarters, laundry and other services furnished to employes of the several institutions and members of the employe's family maintained as such. All moneys received from each person on account of these services shall be used for operation of the institutions under s. 20.435 (2) (a) and (gk) and (3) (a), (hm) and (j). If a chaplain employed in any state institution administered by the department is not furnished a residence by the state, $1,800 or 20% of the chaplain's salary, whichever is greater, is designated as his or her housing allowance.

27,2031p Section 2031p. 46.03 (17) (c) of the statutes, as affected by 1993 Wisconsin Act 385, is repealed.

27,2032 Section 2032 . 46.03 (18) (a) of the statutes is amended to read:

46.03 (18) (a) Except as provided in s. 46.10 (14) (b) and (c), the department of health and social services shall establish a uniform system of fees for services provided or purchased by the department of health and social services, or a county department under s. 46.215, 46.22, 51.42 or 51.437, except for services provided under subch. III of ch. 49; services relating to adoption, or; services provided to courts, for provision of; child support and paternity establishment services to recipients of aid to families with dependent children or for; outreach, information and referral services,; or where, as determined by the department of health and social services, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, 51.42 or 51.437 shall apply the fees which it collects under this program to cover the cost of such services. The department of health and social services shall report to the joint committee on finance no later than March 1 of each year on the number of children placed for adoption by the department of health and social services during the previous year and the costs to the state for services relating to such adoptions.

27,2032m Section 2032m. 46.03 (18) (f) of the statutes is amended to read:

46.03 (18) (f) Notwithstanding par. (a), any person who submits to an assessment or driver safety plan under s. 23.33 (13) (e), 30.80 (6) (d), 343.16 (5) (a), 343.30 (1q), 343.305 (10) or 350.11 (3) (d) shall pay a reasonable fee therefor to the appropriate county department under s. 51.42 or traffic safety school under s. 345.60. A county may allow the person to pay the assessment fee in 1, 2, 3 or 4 equal instalments. The fee for the driver safety plan may be reduced or waived if the person is unable to pay the complete fee, but no fee for assessment or attendance at a traffic safety school under s. 345.60 may be reduced or waived. Nonpayment of the assessment fee is noncompliance with the court order that required completion of an assessment and driver safety plan. Upon a finding that the person has the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the court order that required completion of an assessment and driver safety plan.

27,2033 Section 2033 . 46.03 (20) (a) of the statutes is amended to read:

46.03 (20) (a) The Except for payments provided under subch. III of ch. 49, the department may make payments directly to recipients of public assistance or to such persons authorized to receive such payments in accordance with law and rules of the department on behalf of the counties. The Except for payments provided under subch. III of ch. 49, the department may charge the counties for the cost of operating public assistance systems which make such payments.

27,2034 Section 2034 . 46.03 (20) (d) of the statutes is amended to read:

46.03 (20) (d) The department shall disburse from state or federal funds or both the entire amount and charge the county for its share under s. 49.52 46.495.

27,2035 Section 2035 . 46.03 (23) of the statutes is renumbered 49.32 (3) and amended to read:

49.32 (3) Uniform manual. Adopt The department shall adopt policies and procedures and a uniform county policy and procedure manual to minimize unnecessary variations between counties in the administration of the aid to families with dependent children program. The department shall also require each county to use the manual in the administration of the program.

27,2035m Section 2035m. 46.03 (32) of the statutes is repealed.

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:

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 (3) (hm), the department may expend not more than $2,864,200 in fiscal year 1995-96 for services for children placed in that secured adolescent treatment unit.

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.