1999 Wisconsin Act 9

(c) Recruit and screen providers.

(d) Identify training resources and organize training programs for providers that address different populations in need of respite care.

(e) Facilitate access by caregivers and families of persons with special needs to an array of respite care service options for which the person with special needs is eligible, that are responsive to caregiver and family needs and that are available before families and primary caregivers reach a crisis situation.

(f) Assist caregivers and families of persons with special needs to identify and coordinate funds and resources available for respite care for which the person with special needs is eligible, and authorize and provide a variety of funds and resources to make available additional respite care services for persons with special needs, under eligibility criteria established by the project.

(5) Advisory committees. Each grantee of moneys to conduct a life-span respite care project under sub. (2) shall create an advisory committee that shall advise the project on how the project may best serve persons with special needs and their caregivers. Consumers of respite care services and caregivers shall comprise at least 51% of the advisory committee membership and shall be representative of the diversity of persons who receive services under the project. Other members shall include providers, representatives of local service agencies and members of the community.

(6) By June 1, 2004, the department and the organization with which the department contracts under sub. (2) (a) shall together evaluate the life-span respite care projects that are conducted under this section. If, following the evaluation, the department and the organization together determine that it is feasible to integrate the life-span respite care projects with any integrated, organized system of long-term care services that is operated by the department, the department shall, by July 1, 2004, provide to the department of administration statutory language that is proposed for inclusion in the 2005-07 biennial budget bill to effect the integration.

9,1122 Section 1122. 46.99 of the statutes is created to read:

46.99 Brighter futures initiative. (1) Definitions. In this section:

(a) "Nonprofit corporation" means a nonstock, nonprofit corporation organized under ch. 181.

(b) "Public agency" means a county, city, village, town or school district or an agency of this state or of a county, city, village, town or school district.

(2) Awarding of grants. (a) From the appropriations under s. 20.435 (3) (eg), (km) and (nL), the department, beginning on January 1, 2001, shall distribute $2,125,200 in each fiscal year to applying nonprofit corporations and public agencies operating in a county having a population of 500,000 or more and $1,229,300 in each fiscal year to applying county departments under s. 46.22, 46.23, 51.42 or 51.437 operating in counties other than a county having a population of 500,000 or more to provide programs to accomplish all of the following:

1. Prevent and reduce the incidence of youth violence and other delinquent behavior.

2. Prevent and reduce the incidence of youth alcohol and other drug use and abuse.

3. Prevent and reduce the incidence of child abuse and neglect.

4. Prevent and reduce the incidence of nonmarital pregnancy and increase the use of abstinence as a method of preventing nonmarital pregnancy.

5. Increase adolescent self-sufficiency by encouraging high school graduation, vocational preparedness, improved social and other interpersonal skills and responsible decision making.

(b) A nonprofit corporation or public agency that is applying for a grant under par. (a) shall provide to the department a proposed service plan for the use of the grant moneys. If the department approves the service plan, the department may award the grant. The department shall award the grants on a competitive basis and for a 3-year period.

(3) Outcomes expected. (a) The department shall provide a set of benchmark indicators to measure the outcomes that are expected of a program funded under sub. (2) (a). Those benchmark indicators shall measure all of the following among youth who have participated in a program funded under sub. (2) (a):

1. The rate of participation in violent or other delinquent behavior.

2. The rate of alcohol and other drug use and abuse.

3. The rate of nonmarital pregnancy and the rate at which abstinence is used to prevent nonmarital pregnancy.

4. The rate of substantiated cases of child abuse and neglect.

5. The development of self-sufficiency, as indicated by the rate of high school graduation, the degree of vocational preparedness, any improvements in social and other interpersonal skills and in responsible decision making and any other indicators that the department considers important in indicating the development of adolescent self-sufficiency.

6. Any other indicators that the department considers important in indicating the development of positive behaviors among adolescents.

(b) The department shall require a grant recipient under sub. (2) (a) to provide an annual report showing the status of its program participants in terms of the benchmark indicators provided under par. (a) and may renew a grant only if the recipient shows improvement on those indicators.

9,1123d Section 1123d. 46.995 (title) of the statutes is repealed and recreated to read:

46.995 (title) Tribal adolescent services.

9,1123e Section 1123e. 46.995 (1) (title) of the statutes is renumbered 46.995 (3) (title) and amended to read:

46.995 (3) (title) Definition Adolescent pregnancy prevention services.

9,1123f Section 1123f. 46.995 (1) (intro.) of the statutes is renumbered 46.995 (3) (a) (intro.) and amended to read:

46.995 (3) (a) (intro.) In this section subsection, "high-risk adolescent" means a person who is at least 13 years of age but under the age of 20 and who is at risk of becoming an unmarried parent as an adolescent and of incurring long-term economic dependency on public funds and is characterized by one or more of the following:

9,1123g Section 1123g. 46.995 (1) (a) of the statutes is renumbered 46.995 (3) (a) 1.

9,1123h Section 1123h. 46.995 (1) (b) of the statutes is renumbered 46.995 (3) (a) 2.

9,1123i Section 1123i. 46.995 (1) (c) of the statutes is renumbered 46.995 (3) (a) 3.

9,1123j Section 1123j. 46.995 (1) (d) of the statutes is renumbered 46.995 (3) (a) 4.

9,1123k Section 1123k. 46.995 (1) (e) of the statutes is renumbered 46.995 (3) (a) 5.

9,1123L Section 1123L. 46.995 (1) (f) of the statutes is renumbered 46.995 (3) (a) 6.

9,1123p Section 1123p. 46.995 (1m) of the statutes is created to read:

46.995 (1m) Tribal adolescent services allocations. From the appropriation account under s. 20.435 (3) (km), the department may allocate $172,500 in each fiscal year and, from the appropriation account under s. 20.435 (3) (eg), the department may allocate $7,500 in each fiscal year to provide the grants specified in subs. (2), (3) (b) and (4m) (b).

9,1124 Section 1124. 46.995 (2) (intro.) of the statutes is amended to read:

46.995 (2) Adolescent self-sufficiency services. (intro.) From the appropriation account under s. 20.435 (3) (eg) (ky), the department may allocate $582,100 in each fiscal year to provide a grant annually to a public or private entity or to the elected governing body of a federally recognized American Indian tribe or band to provide services in counties or to a tribe or band for adolescent parents which shall emphasize high school graduation and vocational preparation, training and experience and may be structured so as to strengthen the adolescent parent's capacity to fulfill parental responsibilities by developing social skills and increasing parenting skills. The public or private entity seeking to receive a grant to provide these services shall develop a proposed service plan that is approved by the department. Except with respect to award of a grant to a tribe or band, the department shall rank individual counties and give priority by this ranking for the award of grants under this subsection, based on all of the following factors:

9,1124g Section 1124g. 46.995 (2) (intro.) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is renumbered 46.995 (2) and amended to read:

46.995 (2) Adolescent self-sufficiency services. From the appropriation account under s. 20.435 (3) (ky), the department may allocate $582,100 in each fiscal year to allocations under sub. (1m), the department may provide a grant annually to a public or private entity or in the amount of $85,000 to the elected governing body of a federally recognized American Indian tribe or band to provide services in counties or to a tribe or band for adolescent parents which shall emphasize high school graduation and vocational preparation, training and experience and may be structured so as to strengthen the adolescent parent's capacity to fulfill parental responsibilities by developing social skills and increasing parenting skills. The public or private entity tribe or band seeking to receive a grant to provide these services shall develop a proposed service plan that is approved by the department. Except with respect to award of a grant to a tribe or band, the department shall rank individual counties and give priority by this ranking for the award of grants under this subsection, based on all of the following factors:

9,1124h Section 1124h. 46.995 (2) (a) of the statutes is repealed.

9,1124i Section 1124i. 46.995 (2) (b) of the statutes is repealed.

9,1124j Section 1124j. 46.995 (2) (c) of the statutes is repealed.

9,1124k Section 1124k. 46.995 (2) (d) of the statutes is repealed.

9,1125 Section 1125. 46.995 (3) of the statutes is amended to read:

46.995 (3) Adolescent pregnancy prevention services. From the appropriation account under s. 20.435 (3) (eg) (ky), the department may allocate $340,000 in each fiscal year to provide a grant annually to a public or private entity or to the elected governing body of a federally recognized American Indian tribe or band to provide to high-risk adolescents pregnancy and parenthood prevention services which shall be structured so as to increase development of decision-making and communications skills, promote graduation from high school and expand career and other options and which may address needs of adolescents with respect to pregnancy prevention. Except with respect to award of a grant to a tribe or band, the department shall rank individual counties and give priority by this ranking for the award of grants under this subsection, based on the factors specified under sub. (2) (a) to (d).

9,1125g Section 1125g. 46.995 (3) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is renumbered 46.995 (3) (b) and amended to read:

46.995 (3) (b) From the appropriation account under s. 20.435 (3) (ky), the department may allocate $340,000 in each fiscal year to allocations under sub. (1m), the department may provide a grant annually to a public or private entity or in the amount of $65,000 to the elected governing body of a federally recognized American Indian tribe or band to provide to high-risk adolescents pregnancy and parenthood prevention services which shall be structured so as to increase development of decision-making and communications skills, promote graduation from high school and expand career and other options and which may address needs of adolescents with respect to pregnancy prevention. Except with respect to award of a grant to a tribe or band, the department shall rank individual counties and give priority by this ranking for the award of grants under this subsection, based on the factors specified under sub. (2) (a) to (d).

9,1125r Section 1125r. 46.995 (4) of the statutes is repealed.

9,1126 Section 1126. 46.996 of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed.

9,1127 Section 1127. 46.996 (intro.) of the statutes is amended to read:

46.996 Adolescent services. (intro.) From the appropriation account under s. 20.435 (3) (eg), the department shall allocate funds in distribute $62,500 and from the appropriation account under s. 20.435 (3) (ky), the department shall distribute $287,500, for the following amounts:

9,1128d Section 1128d. 46.997 (title) of the statutes is renumbered 46.995 (4m) (title).

9,1128g Section 1128g. 46.997 (1) (intro.) of the statutes is renumbered 46.995 (4m) (a) (intro.) and amended to read:

46.995 (4m) (a) (intro.) In this section subsection:

9,1128i Section 1128i. 46.997 (1) (a) of the statutes is renumbered 46.995 (4m) (a) 1.

9,1128k Section 1128k. 46.997 (1) (b) of the statutes is renumbered 46.995 (4m) (a) 2.

9,1128m Section 1128m. 46.997 (1) (c) of the statutes is repealed.

9,1128p Section 1128p. 46.997 (1) (d) of the statutes is repealed.

9,1128r Section 1128r. 46.997 (1) (e) of the statutes is repealed.

9,1128t Section 1128t. 46.997 (1) (f) of the statutes is repealed.

9,1129 Section 1129. 46.997 (2) (intro.) of the statutes is amended to read:

46.997 (2) (intro.) From the appropriation account under s. 20.435 (3) (eg), the department shall allocate not more than $210,000 distribute $52,500 and from the appropriation account under s. 20.435 (3) (ky), the department shall distribute $157,500 in each fiscal year to make grants to applying organizations for the provision, on a regional or tribal project basis, of information to communities in order to increase community knowledge about problems of adolescents and information to and activities for adolescents, particularly female adolescents, in order to enable the adolescents to develop skills with respect to all of the following:

9,1129g Section 1129g. 46.997 (2) (intro.) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is renumbered 46.995 (4m) (b) (intro.) and amended to read:

46.995 (4m) (b) (intro.) From the appropriation account under s. 20.435 (3) (eg), the department shall distribute $52,500 and from the appropriation account under s. 20.435 (3) (ky), the department shall distribute $157,500 in each fiscal year to make grants to applying organizations allocations under sub. (1m), the department may provide a grant annually in the amount of $30,000 to the elected governing body of a federally recognized American Indian tribe or band for the provision, on a regional or tribal project basis, of information to communities members of the tribe or band in order to increase community knowledge about problems of adolescents and information to and activities for adolescents, particularly female adolescents, in order to enable the adolescents to develop skills with respect to all of the following:

9,1129h Section 1129h. 46.997 (2) (a) of the statutes is renumbered 46.995 (4m) (b) 1.

9,1129i Section 1129i. 46.997 (2) (b) of the statutes is renumbered 46.995 (4m) (b) 2.

9,1129j Section 1129j. 46.997 (2) (c) of the statutes is renumbered 46.995 (4m) (b) 3.

9,1129k Section 1129k. 46.997 (2) (d) of the statutes is renumbered 46.995 (4m) (b) 4.

9,1129m Section 1129m. 46.997 (3) of the statutes is renumbered 46.995 (4m) (c) and amended to read:

46.995 (4m) (c) Each funded regional project under sub. (2) shall provide services in one of 6 regional areas of the state, and each funded tribal project under sub. (2) par. (b) shall provide services in areas of the state as approved by the Indian tribe or band and the department. The department shall determine the boundaries of the regional areas prior to soliciting project grant applications.

9,1129p Section 1129p. 46.997 (4) of the statutes is renumbered 46.995 (4m) (d) and amended to read:

46.995 (4m) (d) Prior to making grants to applying organizations under sub. (2) tribes or bands under par. (b), the department shall consider whether and how the applying organization tribe or band proposes to coordinate its services with other public or private resources, programs or activities in the region and the state.

9,1129r Section 1129r. 46.997 (5) of the statutes is renumbered 46.995 (4m) (e) and amended to read:

46.995 (4m) (e) The department shall work closely with the women's council and the department of public instruction, on a continuing basis, concerning the scope and direction of activities under projects funded by the program under sub. (2) par. (b).

9,1130 Section 1130. 48.02 (6) of the statutes is amended to read:

48.02 (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 children unless all of the children are siblings or, if necessary to enable a sibling group to remain together, for no more than 6 children or, if the department promulgates rules permitting a different number of children, for the number of children permitted under those rules.

9,1130d Section 1130d. 48.02 (17) of the statutes is amended to read:

48.02 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for children, including a holdover room, licensed by the department under s. 48.66 (1) (a).

9,1130m Section 1130m. 48.20 (8) of the statutes is amended to read:

48.20 (8) If a child is held in custody, the intake worker shall notify the child's parent, guardian and legal custodian of the reasons for holding the child in custody and of the child's whereabouts unless there is reason to believe that notice would present imminent danger to the child. The parent, guardian and legal custodian shall also be notified of the time and place of the detention hearing required under s. 48.21, the nature and possible consequences of that hearing, the right to counsel under s. 48.23 regardless of ability to pay and the right to present and cross-examine witnesses at the hearing. If the parent, guardian or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the child is 12 years of age or older, the child shall receive the same notice about the detention hearing as the parent, guardian or legal custodian. The intake worker shall notify both the child and the child's parent, guardian or legal custodian. When the child is an expectant mother who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., the unborn child, through the unborn child's guardian ad litem, shall receive the same notice about the whereabouts of the child expectant mother, about the reasons for holding the child expectant mother in custody and about the detention hearing as the child expectant mother and her parent, guardian or legal custodian. The intake worker shall notify the child expectant mother, her parent, guardian or legal custodian and the unborn child, by the unborn child's guardian ad litem.

9,1130n Section 1130n. 48.207 (1) (a) of the statutes is amended to read:

48.207 (1) (a) The home of a parent or guardian, except that a child may not be held in the home of a parent or guardian if the parent or guardian has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the child. The person making the custody decision shall consider the wishes of the child in making that determination.

9,1130no Section 1130no. 48.207 (1) (b) of the statutes is amended to read:

48.207 (1) (b) The home of a relative, except that a child may not be held in the home of a relative if the relative has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the child. The person making the custody decision shall consider the wishes of the child in making that determination.

9,1130p Section 1130p. 48.21 (3) (d) of the statutes is amended to read: