2007 Wisconsin Act 20

46.2895 (14) Withdrawal or removal of a county or tribe or band. Subject to approval from the department, a long-term care district may establish conditions for a county or tribe or band that participated with one or more counties or tribes or bands in creating the district to withdraw from the district or for the district to remove the county or tribe or band from the district.

20,1073v Section 1073v. 46.29 (1) (intro.) of the statutes is amended to read:

46.29 (1) (intro.) From the appropriation under s. 20.435 (6) (a), the department shall allocate up to $10,000 at least $16,100 in each fiscal year for operation of the council on physical disabilities. The council on physical disabilities shall do all of the following:

20,1076 Section 1076. 46.30 (title) of the statutes is renumbered 49.265 (title).

20,1077 Section 1077. 46.30 (1) of the statutes is renumbered 49.265 (1).

20,1078 Section 1078. 46.30 (2) of the statutes is renumbered 49.265 (2).

20,1079 Section 1079. 46.30 (3) (title) of the statutes is renumbered 49.265 (3) (title).

20,1080 Section 1080. 46.30 (3) (a) (intro.) of the statutes is renumbered 49.265 (3) (a) (intro.).

20,1081 Section 1081. 46.30 (3) (a) 1. of the statutes is renumbered 49.265 (3) (a) 1.

20,1082 Section 1082. 46.30 (3) (a) 2. of the statutes is renumbered 49.265 (3) (a) 2.

20,1083 Section 1083. 46.30 (3) (a) 3. of the statutes is renumbered 49.265 (3) (a) 3.

20,1084 Section 1084. 46.30 (3) (a) 4. of the statutes is renumbered 49.265 (3) (a) 4.

20,1085 Section 1085. 46.30 (3) (a) 5. of the statutes is renumbered 49.265 (3) (a) 5.

20,1086 Section 1086. 46.30 (3) (a) 6. of the statutes is renumbered 49.265 (3) (a) 6.

20,1087 Section 1087. 46.30 (3) (a) 7. of the statutes is renumbered 49.265 (3) (a) 7.

20,1088 Section 1088. 46.30 (3) (a) 8. of the statutes is renumbered 49.265 (3) (a) 8. and amended to read:

49.265 (3) (a) 8. Appoint a representative or representatives to the citizen advisory committee under s. 46.031 49.325 (3) (a), in order to participate in developing and implementing programs designed to serve the poor.

20,1089 Section 1089. 46.30 (3) (b) of the statutes is renumbered 49.265 (3) (b).

20,1090 Section 1090. 46.30 (4) (title) of the statutes is renumbered 49.265 (4) (title).

20,1091 Section 1091. 46.30 (4) (a) of the statutes is renumbered 49.265 (4) (a) and amended to read:

49.265 (4) (a) The department shall distribute the federal community services block grant funds received under 42 USC 9903 and deposited in the appropriations under s. 20.435 (3) 20.437 (1) (mc) and (md).

20,1092 Section 1092. 46.30 (4) (b) of the statutes is renumbered 49.265 (4) (b).

20,1093 Section 1093. 46.30 (4) (c) of the statutes is renumbered 49.265 (4) (c).

20,1094 Section 1094. 46.30 (4) (d) of the statutes is renumbered 49.265 (4) (d).

20,1095 Section 1095. 46.30 (5) of the statutes is renumbered 49.265 (5).

20,1096 Section 1096. 46.40 (1) (a) of the statutes is amended to read:

46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute funds for community social, mental health, developmental disabilities, and alcohol and other drug abuse services and for services under ss. 46.51, 46.87, 46.985, and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437 and to county aging units, as provided in subs. (2), (2m), and (7) to (9).

20,1097 Section 1097. 46.40 (1) (b) of the statutes is renumbered 48.563 (1) (b) and amended to read:

48.563 (1) (b) Notwithstanding s. 46.49 48.568, if the department receives any federal moneys under 42 USC 670 to 679a in reimbursement of moneys allocated under par. (a) for the provision of foster care, the department shall distribute those federal moneys for services and projects to assist children and families and for the purposes specified in s. 46.46 48.567.

20,1098 Section 1098. 46.40 (1) (c) of the statutes is renumbered 48.563 (1) (c) and amended to read:

48.563 (1) (c) The Milwaukee County department of social services shall report to the department in a manner specified by the department on all children under the supervision of the Milwaukee County department of social services who are placed in foster homes and whose foster parents receive funding for child care from the amounts distributed under par. (a) so that the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the amounts expended by the Milwaukee County department of social services for the provision of child care for those children. Notwithstanding s. 46.49 48.568, if the department receives any federal moneys under 42 USC 670 to 679a in reimbursement of the amounts expended by the Milwaukee County department of social services for the provision of child care for children in foster care in 1996 and 1997, the department shall distribute those federal moneys to the Milwaukee County department of social services for the provision of child care for children in foster care.

20,1099 Section 1099. 46.40 (1) (d) of the statutes is amended to read:

46.40 (1) (d) If the department of health and family services receives any federal moneys under 42 USC 1396 to 1396v in reimbursement of the cost of preventing out-of-home placements of children, the department of health and family services shall transfer those moneys to the department of children and families, and the department of children and families shall use those moneys as the first source of moneys used to meet the amount of the allocation under sub. s. 48.563 (2) that is budgeted from federal funds.

20,1100 Section 1100. 46.40 (2) of the statutes is amended to read:

46.40 (2) Basic county allocation. Subject to sub. (9), for social services under s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not more than $242,078,700 $242,725,500 in each fiscal year.

20,1101 Section 1101 . 46.40 (2) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

46.40 (2) Basic county allocation. Subject to sub. (9), for social services under s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not more than $242,725,500 $176,068,400 in each fiscal year.

20,1101p Section 1101p. 46.40 (2m) (b) of the statutes is amended to read:

46.40 (2m) (b) Community mental health services. For community mental health services under 42 USC 300x to 300x-9, the department shall distribute not more than $2,513,400 in each fiscal year.

20,1102 Section 1102. 46.40 (3) of the statutes is renumbered 48.563 (3) and amended to read:

48.563 (3) Tribal child care. For child care services under 42 USC 9858, the department shall distribute not more than $412,800 in each fiscal year from the appropriation account under s. 20.435 (7) 20.437 (1) (b) to federally recognized American Indian tribes or bands. A tribe or band that receives funding under this subsection shall use that funding to provide child care for an eligible child, as defined in 42 USC 9858n (4).

20,1103 Section 1103. 46.40 (7m) of the statutes is renumbered 48.563 (7m) and amended to read:

48.563 (7m) Use by county of community children and family aids funds to pay private attorneys for certain proceedings under the children's code. Upon application by a county department under s. 46.215, 46.22, or 46.23 to the department for permission to use funds allocated to that county department under sub. (2) to employ private counsel for the purposes specified in this subsection and a determination by the department that use of funds for those purposes does not affect any federal grants or federal funding allocated under this section, the department and the county department shall execute a contract authorizing the county department to expend, as agreed upon in the contract, funds allocated to that county department under sub. (2) to permit the county department to employ private counsel to represent the interests of the state or county in proceedings under ch. 48 this chapter relating to child abuse or neglect cases, unborn child abuse cases, proceedings to terminate, termination of parental rights, and any ch. 48 cases or proceedings involving the Indian child welfare act Child Welfare Act, 25 USC 1901 to 1963.

20,1104a Section 1104a. 46.40 (9) (a) of the statutes is renumbered 46.40 (9) (ar) and amended to read:

46.40 (9) (ar) Transfer to family care program and adult protective services allocation. If a care management organization under s. 46.284 is available in a county, the department may dispose of not more than 21.3% of the amount allocated under sub. (2) to that county as follows; and, of the amount allocated under sub. (8), may dispose of the lesser of up to 60% or the amount remaining after subtracting an amount necessary to maintain funding for recipients under sub. (8) who, on September 1, 2001, are ineligible for the family care benefit under s. 46.286, to that county, as follows:

1. By transferring a portion of those amounts that amount, as determined by the department, to the family care program to fund the services of resource centers under s. 46.283 (5) and the services of care management organizations under s. 46.284 (4).

2. By transferring a portion of those amounts that amount, as determined by the department, to the county's adult protective services allocation under par. (b).

20,1104c Section 1104c. 46.40 (9) (ag) of the statutes is created to read:

46.40 (9) (ag) Adjustment for family care. If a care management organization under s. 46.284 is available in a county and the county has under s. 46.281 (4) agreed to a reduction in its distribution under sub. (2), the department shall use the amount established under s. 46.281 (4) to fund the services of care management organizations under s. 46.284 (4).

20,1104g Section 1104g. 46.40 (9) (b) of the statutes is amended to read:

46.40 (9) (b) Adult protective services allocation. For adult protective services, the department shall distribute the amounts transferred under par. (a) (ar) 2. in each fiscal year.

20,1106 Section 1106. 46.45 (2) (a) of the statutes is renumbered 48.565 (2) (a) and amended to read:

48.565 (2) (a) Subject to par. (am), if on December 31 of any year there remains unspent or unencumbered in the allocation under s. 46.40 48.563 (2) an amount that exceeds the amount received under 42 USC 670 to 679a and allocated under s. 46.40 48.563 (2) in that year, the department shall carry forward the excess moneys and distribute not less than 50% of the excess moneys to counties having a population of less than 500,000 that are making a good faith effort, as determined by the department, to comply with s. 46.22 (1) (c) 8. f. for services and projects to assist children and families, notwithstanding the percentage limit specified in sub. (3) (a). A county shall use not less than 50% of the moneys distributed to the county under this subsection for services for children who are at risk of abuse or neglect to prevent the need for child abuse and neglect intervention services, except that in the calendar year in which a county achieves compliance with s. 46.22 (1) (c) 8. f. and in the 2 calendar years after that calendar year the county may use 100% of the moneys distributed under this paragraph to reimburse the department for the costs of achieving that compliance. If a county does not comply with s. 46.22 (1) (c) 8. f. before July 1, 2005, the department may recover any amounts distributed to that county under this paragraph after June 30, 2001, by billing the county or deducting from that county's allocation under s. 46.40 48.563 (2). All moneys received by the department under this paragraph shall be credited to the appropriation account under s. 20.435 (3) 20.437 (1) (j).

20,1107 Section 1107. 46.45 (2) (am) of the statutes is renumbered 48.565 (2) (am) and amended to read:

48.565 (2) (am) If on December 31 of any year a county is not using the centralized unit contracted for under s. 46.03 48.47 (7) (h) for determining whether the cost of providing care for a child is eligible for reimbursement under 42 USC 670 to 679a, the department shall reduce that county's distribution under par. (a) by 50%.

20,1108 Section 1108. 46.45 (2) (b) of the statutes is renumbered 48.565 (2) (b).

20,1109 Section 1109. 46.45 (2) (c) of the statutes is renumbered 48.565 (2) (c) and amended to read:

48.565 (2) (c) The department shall credit to the appropriation account under s. 20.435 (8) (mb) 20.437 (3) (mp) any moneys carried forward under par. (a), but not distributed to counties, and may expend those moneys as provided in s. 46.46 48.567.

20,1110 Section 1110. 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, not including the amount allocated to the county under s. 46.40 (7), which amount may be carried forward as provided in par. (c). All funds carried forward for a tribal governing body or nonprofit organization, all federal child welfare funds under 42 USC 620 to 626, 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. Other funds carried forward under this paragraph may be used for any purpose under s. 20.435 (7) (b), except that a county may not use any funds carried forward under this paragraph for administrative or staff costs. An allocation of carried-forward funding under this paragraph does not affect a county's base allocations under s. 46.40 (2), (2m), (8), and (9).

20,1111 Section 1111. 46.46 (1) of the statutes is amended to read:

46.46 (1) From the appropriation account under s. 20.435 (8) (mb), the department shall support costs that are exclusively related to the ongoing and recurring operational costs of augmenting the amount of moneys received under 42 USC 670 to 679a, 42 USC 1395 to 1395ddd, and 42 USC 1396 to 1396v and to any other purpose provided for by the legislature by law or in budget determinations and shall distribute moneys to counties as provided in sub. (1g). In addition, the department may expend moneys from the appropriation account under s. 20.435 (8) (mb) as provided in subs. (1m) and sub. (2).

20,1112 Section 1112. 46.46 (1m) of the statutes is renumbered 48.567 (1m) and amended to read:

48.567 (1m) In addition to expending moneys from the appropriation account under s. 20.435 (8) (mb) 20.437 (3) (mp) for the augmentation activities specified in sub. (1), the department may expend moneys received under 42 USC 1396 to 1396v in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under 42 USC 670 to 679a and credited to the appropriation account under s. 20.435 (8) (mb) 20.437 (3) (mp) to support the counties' share of implementing the statewide automated child welfare information system under s. 46.22 (1) (c) 8. f. and to provide services to children and families under s. 48.48 (17).

20,1113 Section 1113. 46.46 (2) of the statutes is amended to read:

46.46 (2) If the department proposes to use any moneys from the appropriation account under s. 20.435 (8) (mb) for any purpose other than the purposes specified in subs. (1), (1g), and (1m) and (1g), the department shall submit a plan for the proposed use of those moneys to the secretary of administration by September 1 of the fiscal year after the fiscal year in which those moneys were received. If the secretary of administration approves the plan, he or she shall submit the plan to the joint committee on finance by October 1 of the fiscal year after the fiscal year in which those moneys were received. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan. 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 only with the approval of the committee.

20,1114 Section 1114. 46.48 (9) of the statutes is created to read:

46.48 (9) Quality home care program. The department shall distribute at least $167,000 in each fiscal year as a grant to an organization to provide services to consumers and providers of supportive home care and personal care.

20,1115 Section 1115. 46.48 (11m) (b) of the statutes is amended to read:

46.48 (11m) (b) The department shall award not more than $83,800 in fiscal year 2005-06 and not more than $106,400 in fiscal year 2006-07 annually as a grant to an organization or a group of organizations to provide services for female prisoners and offenders from Milwaukee County and their children, if the prisoners or offenders have been convicted of nonviolent crimes.

20,1116e Section 1116e. 46.48 (18) of the statutes is created to read:

46.48 (18) Outreach services. The department shall distribute $84,000 in each fiscal year as grants to community organizations in southeastern and south central Wisconsin to provide outreach services relating to health, mental health, housing, assisted living, domestic violence, and other services.

20,1117 Section 1117. 46.481 (intro.) of the statutes is renumbered 48.481 (intro.) and amended to read:

48.481 Grants for children's community programs. (intro.) From the appropriation under s. 20.435 (3) 20.437 (1) (bc), the department shall distribute the following grants for children's community programs:

20,1118 Section 1118. 46.481 (1) (title) of the statutes is renumbered 48.481 (1) (title).

20,1119 Section 1119. 46.481 (1) (a) of the statutes is renumbered 48.481 (1) (a) and amended to read:

48.481 (1) (a) The department shall distribute $497,200 in each fiscal year to counties for the purpose of supplementing payments for the care of an individual who attains age 18 after 1986 and who resided in a foster home, as defined in s. 48.02 (6), or a treatment foster home, as defined in s. 48.02 (17q), for at least 2 years immediately prior to attaining age 18 and, for at least 2 years, received exceptional foster care or treatment foster care payments in order to avoid institutionalization, as provided under rules promulgated by the department, so that the individual may live in a family home or other noninstitutional situation after attaining age 18. No county may use funds provided under this paragraph to replace funds previously used by the county for this purpose.

20,1120 Section 1120. 46.481 (1) (b) of the statutes is renumbered 48.481 (1) (b).

20,1121 Section 1121. 46.481 (3) of the statutes is renumbered 48.481 (3).

20,1123 Section 1123. 46.485 (3g) of the statutes is amended to read:

46.485 (3g) The amount that the department may transfer under sub. (2g) for counties may not exceed the estimated state share of payments under s. 49.45, 49.46 or, 49.47, or 49.471 for mental health care and treatment that is provided in inpatient facilities for children with severe emotional disturbances.

20,1124 Section 1124. 46.49 (title) of the statutes is amended to read:

46.49 (title) Allocation of federal funds for community aids and child welfare.

20,1125 Section 1125. 46.49 (1) of the statutes is amended to read:

46.49 (1) Subject to s. 46.40 (1) (b) and (c), if If the department receives unanticipated federal community mental health services block grant funds under 42 USC 300x to 300x-9, or federal prevention and treatment of substance abuse block grant funds under 42 USC 300x-21 to 300x-35, or foster care and adoption assistance payments under 42 USC 670 to 679a and it if the department 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.

20,1125m Section 1125m. 46.495 (1) (d) of the statutes is amended to read:

46.495 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for social services, including funding for foster care, treatment foster care, or subsidized guardianship care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22, and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (8), and (9) (b). Each county's required match for the distribution under s. 46.40 (2) shall be specified in a schedule established annually by the department of health and family services. Each county's required match for the distribution under s. 46.40 (8) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (8) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (ar) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

20,1126 Section 1126. 46.495 (1) (d) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

46.495 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for social services, including funding for foster care, treatment foster care, or subsidized guardianship care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22, and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (8), and (9) (b). Each county's required match for the distribution under s. 46.40 (2) shall be specified in a schedule established annually by the department of health and family services. Each county's required match for the distribution under s. 46.40 (8) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (8) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (ar) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.