103,141
Section
141. 46.10 (14) (a) of the statutes is amended to read:
46.10 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 46.03 (18) for inpatient care and maintenance of persons under 18 years of age at community mental health centers, a county mental health complex under s. 51.08, the centers for the developmentally disabled, the Mendota mental health institute Mental Health Institute, and
the Winnebago mental health institute Mental Health Institute or care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, child caring institutions, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 46.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd party
3rd-party benefits, subject to rules which that include formulas governing ability to pay promulgated by the department under s. 46.03 (18). Any liability of the patient not payable by any other person terminates when the patient reaches age 18, unless the liable person has prevented payment by any act or omission.
Note: Conforms capitalization and hyphenation to current style.
103,142
Section
142. 46.19 (1) of the statutes is amended to read:
46.19 (1) The trustees shall appoint a superintendent of each institution and may remove the superintendent for cause, as defined in s. 17.16 (2)
17.001, on due notice in writing and hearing of the charges against the superintendent.
Note: Section 17.16 (2) is renumbered s. 17.001 by this bill.
103,143
Section
143. 46.22 (1) (c) 1. b. of the statutes is amended to read:
46.22 (1) (c) 1. b. `State institutions.' The Mendota mental health institute, Mental Health Institute, the Winnebago mental health institute Mental Health Institute, centers for the developmentally disabled, and Type 1 secured correctional facilities, as defined in s. 938.02 (19).
Note: Conforms capitalization to current style.
103,144
Section
144. 46.27 (7) (b) 1m. of the statutes is renumbered 46.27 (7) (b).
Note: Eliminates unnecessary subdivision designation. This provision is not subdivided.
103,145
Section
145. 46.27 (7g) (e) of the statutes is amended to read:
46.27 (7g) (e) From the appropriation under s. 20.435 (7) (im), the department shall pay the amount of the payments under par. (d) and shall spend the remainder of the funds recovered under this subsection for long-term community support services funded under sub. (7) (b) 1m.
Note: Subsection (7) (b) 1m. is renumbered to sub. (7) (b) by the previous section of this bill.
103,146
Section
146. 46.281 (1) (d) 1. of the statutes is amended to read:
46.281 (1) (d) 1. Establish, in geographic areas in which resides no more than 29% of the population that is eligible for the family care benefit, a pilot project under which the department may contract with a county, a family care district, a tribe or band, or the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., or with any 2 or more of these entities under a joint application, to operate a resource center.
Note: Conforms capitalization to current style.
103,147
Section
147. 46.282 (2) (am) of the statutes is amended to read:
46.282 (2) (am) Appointment by a tribe or band or council. If a tribe or band or the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., intends to apply for a contract to operate a resource center or for certification as a care management organization, the tribe or band or the council shall, as a condition of the application or the certification, appoint a local long-term care council.
Note: Conforms capitalization to current style and adds comma to correct grammar.
103,148
Section
148. 46.282 (2) (b) 3. of the statutes is amended to read:
46.282 (2) (b) 3. A local long-term care council that is appointed by a tribe or band or by the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., shall consist of 21 members, at least 11 of whom are older persons or persons with physical or developmental disabilities or their family members or other representatives. The age or disability represented by these 11 members shall correspond to the proportion of numbers of persons, as determined by the department, receiving long-term care in this state who are aged 65 or older or have a physical or developmental disability. The total remaining 10 members shall consist of providers of long-term care services, persons residing in the county with recognized ability and demonstrated interest in long-term care, and up to 3 members of the governing board of the tribe or band or the Great Lakes inter-tribal council, inc.
Inter-Tribal Council, Inc., that appoints the local long-term care council.
Note: Conforms capitalization to current style.
103,149
Section
149. 46.282 (2) (d) of the statutes is amended to read:
46.282 (2) (d) Compensation and training. Members of the local long-term care council who are older persons, persons with physical or developmental disabilities, or the family members or other representatives of these persons shall receive compensation from the applicable county for reasonable expenses associated with membership participation. The county board of supervisors or, in the case of a member appointed by the governing body of a tribe or band or by the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., the tribe or band or the Great Lakes inter-tribal council, inc.
Inter-Tribal Council, Inc., shall provide training to these members to enable them to participate effectively.
Note: Conforms capitalization to current style.
103,150
Section
150. 46.282 (3) (a) 1. (intro.) of the statutes is amended to read:
46.282 (3) (a) 1. (intro.) Develop the initial plan for the structure of the county, multicounty or tribal resource center, and care management organization or organizations, including formulating recommendations to the county board or boards of supervisors and, in a county with a county executive or a county administrator, to the county executive or county administrator, to the governing body of the tribe or band or of the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., if applicable, and to the department on all of the following:
Note: Conforms capitalization to current style.
103,151
Section
151. 46.282 (3) (a) 1. a. of the statutes is amended to read:
46.282 (3) (a) 1. a. Whether or not the county, counties, tribe or band, or Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., should exercise
its the right to apply under s. 46.283 (1) for a contract to operate a resource center or to apply under s. 46.284 (1) for a contract to operate a care management organization and how the operation should proceed.
Note: Conforms capitalization to current style.
103,152
Section
152. 46.282 (3) (a) 1. d. of the statutes is amended to read:
46.282 (3) (a) 1. d. If applicable, how county-operated functions should interact with a resource center or care management organization that is operated by a tribe or band or by the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc.
Note: Conforms capitalization to current style.
103,153
Section
153. 46.283 (1) (b) of the statutes is amended to read:
46.283 (1) (b) After considering recommendations of the local long-term care council under s. 46.282 (3) (a) 1., the governing body of a tribe or band or of the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., may decide whether to authorize a tribal agency to apply to the department for a contract to operate a resource center for tribal members and, if so, which client group to serve.
Note: Conforms capitalization to current style.
103,154
Section
154. 46.283 (1) (c) of the statutes is amended to read:
46.283 (1) (c) Under the requirements of par. (a), a county board of supervisors may decide to apply to the department for a contract to operate a multicounty resource center in conjunction with the county board or boards of one or more other counties or a county-tribal resource center in conjunction with the governing body of a tribe or band or the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc.
Note: Conforms capitalization to current style.
103,155
Section
155. 46.283 (1) (d) of the statutes is amended to read:
46.283 (1) (d) Under the requirements of par. (b), the governing body of a tribe or band may decide to apply to the department for a contract to operate a resource center in conjunction with the governing body or governing bodies of one or more other tribes or bands or the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., or with a county board of supervisors.
Note: Conforms capitalization to current style.
103,156
Section
156. 46.283 (2) (a) of the statutes is amended to read:
46.283 (2) (a) Before July 1, 2001, the department may contract only with a county, a family care district, the governing body of a tribe or band or the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., or with 2 or more of these entities under a joint application, to operate a resource center.
Note: Conforms capitalization to current style.
103,157
Section
157. 46.283 (2) (b) (intro.) of the statutes is amended to read:
46.283 (2) (b) (intro.) After June 30, 2001, the department shall contract with the entities specified under s. 46.281 (1) (d) 1. and may, in addition to contracting with these entities and subject to approval of necessary funding, contract to operate a resource center with counties, family care districts, or the governing body of a tribe or band or the Great Lakes inter-tribal council, inc., or Inter-Tribal Council, Inc., under a joint application of any of these, or with a private nonprofit organization if the department determines that the organization has no significant connection to an entity that operates a care management organization and if any of the following applies:
Note: Conforms capitalization to current style.
103,158
Section
158. 46.284 (1) (b) of the statutes is amended to read:
46.284 (1) (b) The governing body of a tribe or band or of the Great Lakes inter-tribal council, inc.
Inter-Tribal Council, Inc., may decide whether to authorize a tribal agency to apply to the department for a contract to operate a care management organization for tribal members and, if so, which client group to serve.
Note: Conforms capitalization to current style.
103,159
Section
159. 46.284 (1) (c) of the statutes is amended to read:
46.284 (1) (c) Under the requirements of par. (a), a county board of supervisors may decide to apply to the department for a contract to operate a multicounty care management organization in conjunction with the county board or boards of one or more other counties or a county-tribal care management organization in conjunction with the governing body of a tribe or band or the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc.
Note: Conforms capitalization to current style.
103,160
Section
160. 46.284 (1) (d) of the statutes is amended to read:
46.284 (1) (d) Under the requirements of par. (b), the governing body of a tribe or band may decide to apply to the department for a contract to operate a care management organization in conjunction with the governing body or governing bodies of one or more other tribes or bands or the Great Lakes inter-tribal council, inc.
Inter-Tribal Council, Inc., or with a county board of supervisors.
Note: Conforms capitalization to current style.
103,161
Section
161. 46.284 (2) (b) 1. b. of the statutes is amended to read:
46.284 (2) (b) 1. b. The governing body of a tribe or band or the Great Lakes inter-tribal council, inc.
Inter-Tribal Council, Inc., elects to operate a care management organization within the area and is certified under sub. (3).
Note: Conforms capitalization to current style.
103,162
Section
162. 46.37 of the statutes is amended to read:
46.37 Certain water and sewerage service in Winnebago County. The department, as a member of the tri-institutional Winnebago mental health institute Mental Health Institute, Winnebago county asylum County Asylum, and Sunny View sanatorium Sanatorium sewer agreement in Winnebago county County, is authorized to furnish and charge for water and sewage sewerage services to business and dwelling units located in the privately owned area lying west of the Winnebago mental health institute Mental Health Institute and bounded on the west by the railroad properties and on the north, east, and south by the grounds of the Winnebago mental health institute Mental Health Institute, together with
such any dwelling or other units as now exist or as may be erected located on the railroad railroad-owned and state owned state-owned property adjacent to this area.
Note: Substitutes the present tense "located" for "as now exist or as may be erected." A statute is regarded as speaking in the present, as of the time it is read or applied. Also, under s. 990.001 (3) the present tense of a verb includes the future when applicable. Conforms capitalization and hyphenation to current style.
103,163
Section
163. 46.986 (6) (title) of the statutes is created to read:
46.986 (6) (title) Evaluation.
Note: The remaining subsections of s. 46.986 have titles.
103,164
Section
164. 48.23 (1) of the statutes is renumbered 48.23 (1m).
Note: Accommodates the renumbering of s. 48.23 (6) to 48.23 (1g) by the next section of this bill.
103,165
Section
165. 48.23 (6) of the statutes is renumbered 48.23 (1g) and amended to read:
48.23 (1g) Definition. For the purposes of In this section, "counsel" means an attorney acting as adversary counsel who shall advance and protect the legal rights of the party represented, and who may not act as guardian ad litem or court-appointed special advocate for any party in the same proceeding.
Note: Renumbers provision to beginning of section and modifies language, consistent with current style.
103,166
Section
166. 48.357 (1) of the statutes is renumbered 48.357 (1) (a) and amended to read:
48.357 (1) (a) The person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel may request a change in the placement of the child or expectant mother, whether or not the change requested is authorized in the dispositional order, and shall cause written notice to be sent to the child, the parent, guardian, and legal custodian of the child, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate, and, if the child is the expectant mother of an unborn child under s. 48.133, the unborn child by the unborn child's guardian ad litem. If the expectant mother is an adult, written notice shall be sent to the adult expectant mother and the unborn child by the unborn child's guardian ad litem. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court.
(b) Any person receiving the notice under this subsection par. (a) or notice of a specific placement under s. 48.355 (2) (b) 2., other than a court-appointed special advocate, may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice. Placements may not be changed until 10 days after that notice is sent to the court unless the parent, guardian, or legal custodian and the child, if 12 years of age or over, or the child expectant mother, if 12 years of age or over, her parent, guardian, or legal custodian and the unborn child by the unborn child's guardian ad litem, or the adult expectant mother and the unborn child by the unborn child's guardian ad litem, sign written waivers of objection, except that placement changes which that were authorized in the dispositional order may be made immediately if notice is given as required in this subsection under par. (a). In addition, a hearing is not required for placement changes authorized in the dispositional order except when an objection filed by a person who received notice alleges that new information is available which that affects the advisability of the court's dispositional order.
Note: Subdivides provision to improve the readability of that provision.
103,167
Section
167. 48.357 (2) of the statutes is amended to read:
48.357 (2) If emergency conditions necessitate an immediate change in the placement of a child or expectant mother placed outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the child or expectant mother to a new placement, whether or not authorized by the existing dispositional order, without the prior notice provided in sub. (1) (a). The notice shall, however, be sent within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under sub. (1) (b). In emergency situations, a child may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days, as well as in any placement authorized under s. 48.345 (3).
Note: Corrects cross-references to conform to the renumbering and amendment of s. 48.357 (1) by this bill.
103,168
Section
168. 48.357 (2m) of the statutes is renumbered 48.357 (2m) (a) and amended to read:
48.357 (2m) (a) The child, the parent, guardian, or legal custodian of the child, the expectant mother, the unborn child by the unborn child's guardian at ad litem, or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this subsection paragraph. The request shall contain the name and address of the place of the new placement requested and shall state what new information is available which that affects the advisability of the current placement. This The request shall be submitted to the court. In addition, the court may propose a change in placement on its own motion.
(b) The court shall hold a hearing on the matter prior to ordering any change in placement requested or proposed under this subsection par. (a) if the request states that new information is available which that affects the advisability of the current placement, unless written waivers of objection to the proposed change in placement are signed by all persons entitled to receive notice under sub. (1) (a), other than a court-appointed special advocate, and the court approves. If a hearing is scheduled, the court shall notify the child, the parent, guardian, and legal custodian of the child, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate, all parties who are bound by the dispositional order, and, if the child is the expectant mother of an unborn child under s. 48.133, the unborn child by the unborn child's guardian ad litem, or shall notify the adult expectant mother, the unborn child by the unborn child's guardian ad litem, and all parties who are bound by the dispositional order, at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. If all the parties consent, the court may proceed immediately with the hearing.
Note: Subdivides provision for improved readability and corrects an incorrect term.
103,169
Section
169. 48.357 (2r) of the statutes is amended to read:
48.357 (2r) If a hearing is held under sub. (1) (b) or (2m) (b) and the change in placement would remove a child from a foster home, treatment foster home, or other placement with a physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing or to submit a written statement prior to the hearing, relating to the child and the requested change in placement. Any written or oral statement made under this subsection shall be made under oath or affirmation. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (b) or (2m) (b) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
Note: Corrects cross-references to conform to the renumbering and amendment of s. 48.357 (1) and (2m) by this bill.
48.357 (2v) If a hearing is held under sub. (1) (b) or (2m) (b) and the change in placement would place the child outside the home in a placement recommended by the person or agency primarily responsible for implementing the dispositional order, the change in placement order shall include a statement that the court approves the placement recommended by that person or agency or, if the child is placed outside the home in a placement other than a placement recommended by that person or agency, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the child's placement.
