Wisconsin Legislature: 20,1113

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.

20,1127 Section 1127. 46.51 (title) of the statutes is renumbered 48.986 (title).

20,1128 Section 1128. 46.51 (1) of the statutes is renumbered 48.986 (1) and amended to read:

48.986 (1) From the amounts distributed under s. 46.40 48.563 (1) for services for children and families, the department shall distribute funds to eligible counties for services related to child abuse and neglect and to unborn child abuse, including child abuse and neglect and unborn child abuse prevention, investigation, and treatment.

20,1129 Section 1129. 46.51 (3) of the statutes is renumbered 48.986 (3).

20,1130 Section 1130. 46.51 (4) of the statutes is renumbered 48.986 (4).

20,1131 Section 1131. 46.51 (5) of the statutes is renumbered 48.986 (5).

20,1133 Section 1133. 46.515 (title) of the statutes is renumbered 48.983 (title).

20,1134 Section 1134. 46.515 (1) (intro.) of the statutes is renumbered 48.983 (1) (intro.).

20,1135 Section 1135. 46.515 (1) (a) of the statutes is repealed.

20,1136 Section 1136. 46.515 (1) (b) (intro.) of the statutes is renumbered 48.983 (1) (b) (intro.).

20,1137 Section 1137. 46.515 (1) (b) 1. (intro.) of the statutes is renumbered 48.983 (1) (b) 1. (intro.).

20,1138 Section 1138. 46.515 (1) (b) 1. a. of the statutes is renumbered 48.983 (1) (b) 1. a.

20,1139 Section 1139. 46.515 (1) (b) 1. b. of the statutes is renumbered 48.983 (1) (b) 1. b.

20,1140 Section 1140. 46.515 (1) (b) 1. c. of the statutes is renumbered 48.983 (1) (b) 1. c. and amended to read:

48.983 (1) (b) 1. c. A family that includes a person who has contacted a county department, as defined in s. 48.02 (2g), or an Indian tribe that has been awarded a grant under this section or, in a county having a population of 500,000 or more that has been awarded a grant under this section, the department or a licensed child welfare agency under contract with the department requesting assistance to prevent abuse or neglect of a child in the person's family and with respect to which an individual responding to the request has determined that all of the conditions in subd. 2. exist.

20,1141 Section 1141. 46.515 (1) (b) 2. of the statutes is renumbered 48.983 (1) (b) 2.

20,1142 Section 1142. 46.515 (1) (c) of the statutes is repealed.

20,1143 Section 1143. 46.515 (1) (cm) of the statutes is renumbered 48.983 (1) (cm).

20,1144 Section 1144. 46.515 (1) (d) of the statutes is renumbered 48.983 (1) (d).

20,1145 Section 1145. 46.515 (1) (e) of the statutes is renumbered 48.983 (1) (e).

20,1146 Section 1146. 46.515 (1) (f) of the statutes is renumbered 48.983 (1) (f).

20,1147 Section 1147. 46.515 (1) (g) of the statutes is renumbered 48.983 (1) (g).

20,1148 Section 1148. 46.515 (1) (h) of the statutes is renumbered 48.983 (1) (h).

20,1149 Section 1149. 46.515 (1) (i) of the statutes is renumbered 48.983 (1) (i).

20,1150 Section 1150. 46.515 (1) (j) of the statutes is renumbered 48.983 (1) (j).

20,1151 Section 1151. 46.515 (2) of the statutes is renumbered 48.983 (2) and amended to read:

48.983 (2) Funds provided. If a county or Indian tribe applies and is selected by the department under sub. (5) to participate in the program under this section, the department shall award, from the appropriation under s. 20.435 (5) 20.437 (2) (ab), a grant annually to be used only for the purposes specified in sub. (4) (a) and (am). The minimum amount of a grant is $10,000. The department shall determine the amount of a grant awarded to a county, other than a county with a population of 500,000 or more, or Indian tribe in excess of the minimum amount based on the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county or the reservation of that Indian tribe in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section. The department shall determine the amount of a grant awarded to a county with a population of 500,000 or more in excess of the minimum amount based on 60% of the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section.

20,1152 Section 1152. 46.515 (3) of the statutes is renumbered 48.983 (3).

20,1153 Section 1153. 46.515 (4) of the statutes is renumbered 48.983 (4).

20,1154 Section 1154. 46.515 (5) of the statutes is renumbered 48.983 (5) and amended to read:

48.983 (5) Selection of counties and Indian tribes. The department shall provide competitive application procedures for selecting counties and Indian tribes for participation in the program under this section. The department shall establish a method for ranking applicants for selection based on the quality of their applications. In ranking the applications submitted by counties, the department shall give favorable consideration to a county that has indicated under sub. (6) (d) 2. that it is willing to use a portion of any moneys distributed to the county under s. 46.45 48.565 (2) (a) to provide case management services to a medical assistance beneficiary under s. 49.45 (25) (am) 9. who is a case or who is a member of a family that is a case and that has explained under sub. (6) (d) 2. how the county plans to use that portion of those moneys to promote the provision of those services for the case by using a wraparound process so as to provide those services in a flexible, comprehensive and individualized manner in order to reduce the necessity for court-ordered services. The department shall also provide application requirements and procedures for the renewal of a grant awarded under this section. The application procedures and the renewal application requirements and procedures shall be clear and understandable to the applicants. The department need not promulgate as rules under ch. 227 the application procedures, the renewal application requirements or procedures or the method for ranking applicants established under this subsection.

20,1155 Section 1155. 46.515 (6) (intro.) of the statutes is renumbered 48.983 (6) (intro.).

20,1156 Section 1156. 46.515 (6) (a) of the statutes is renumbered 48.983 (6) (a).

20,1157 Section 1157. 46.515 (6) (b) of the statutes is renumbered 48.983 (6) (b).

20,1158 Section 1158. 46.515 (6) (c) of the statutes is renumbered 48.983 (6) (c).