Wisconsin Legislature: 59,766

46.48 (1) General. From the appropriation accounts under s. 20.435 (1) (b), (5) (bc), and (7) (bc), the department shall award grants for community programs as provided in this section.

59,752 Section 752 . 46.48 (32) of the statutes is amended to read:

46.48 (32) Peer-run respite center contracts. The department shall contract with a peer-run organization to establish peer-run respite centers for individuals experiencing mental health conditions or substance abuse. Notwithstanding sub. (1), the department may make payments to an organization that establishes peer-run respite centers that provide services to veterans from the appropriation under s. 20.435 (5) (kp).

59,752b Section 752b. 46.48 (32) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

59,753 Section 753 . 46.80 (2m) (b) of the statutes is amended to read:

46.80 (2m) (b) May operate the foster grandparent project specified under 42 USC 5011 (a). If the department operates that project, the department shall distribute funds from the appropriation under s. 20.435 (7) (1) (dh) to supplement any federal foster grandparent project funds received under 42 USC 5011 (a).

59,754 Section 754 . 46.80 (5) (a) of the statutes is amended to read:

46.80 (5) (a) From the appropriation under s. 20.435 (7) (1) (dh), the department shall provide a state supplement to the federal congregate nutrition projects under 42 USC 3030e, in effect on April 30, 1980, which will promote expansion of projects throughout the state and, from the appropriation under s. 20.435 (7) (1) (kn), the department shall provide a state supplement to the federal congregate nutrition projects of $450,000 for home-delivered meals and $50,000 for congregate meals. Except as provided in par. (b), the department shall allocate these funds based on the formulas developed by the department under sub. (2m) (a) 2. A county that receives federal funds for congregate nutrition projects on or after July 1, 1977, may not receive under this paragraph an amount that is less than the 1976-77 allocation as a result of the program expansion. This paragraph does not require that federal limitations on the use of federal congregate nutrition funds for home delivered meals apply to the state supplement.

59,755 Section 755 . 46.81 (2) of the statutes is amended to read:

46.81 (2) From the appropriation account under s. 20.435 (7) (1) (dh), the department shall allocate $2,298,400 in each fiscal year to aging units to provide benefit specialist services for older individuals. The department shall ensure that each aging unit receives funds and shall take into account the proportion of the state's population of low-income older individuals who reside in a county.

59,756 Section 756 . 46.81 (5) of the statutes is amended to read:

46.81 (5) From the appropriation under s. 20.435 (7) (1) (dh) the department shall allocate $182,500 in each fiscal year to area agencies on aging. Each area agency on aging shall use the funds for training, supervision and legal back-up services for benefit specialists within its area.

59,757 Section 757 . 46.85 (3m) (a) of the statutes is amended to read:

46.85 (3m) (a) From the appropriation under s. 20.435 (7) (1) (dh), the department shall provide a state supplement to federally funded Senior Companion Program and Retired Senior Volunteer Program units that were in operation on December 1, 1988, and administered by qualified public and non-profit private agencies.

59,758 Section 758 . 46.85 (3m) (b) (intro.) of the statutes is amended to read:

46.85 (3m) (b) (intro.) From the appropriation under s. 20.435 (7) (1) (dh), the department shall allocate funds, based on the percentage of the state's population of low-income persons over age 60 who reside in each county or are members of an American Indian tribe, and distribute the funds to counties and federally recognized tribal governing bodies to supplement any of the following:

59,759 Section 759 . 46.856 (2) (intro.) of the statutes is amended to read:

46.856 (2) (intro.) From the appropriation under s. 20.435 (7) (1) (bg), the department shall award a grant to at least one public agency or private nonprofit organization to do all of the following:

59,760 Section 760 . 46.90 (5m) (a) of the statutes is amended to read:

46.90 (5m) (a) Upon responding to a report, the elder-adult-at-risk agency or the investigative agency shall determine whether the elder adult at risk or any other individual involved in the alleged abuse, financial exploitation, neglect, or self-neglect is in need of services under this chapter or ch. 47, 49, 51, 54, or 55. From the appropriation under s. 20.435 (7) (1) (dh), the department shall allocate to selected counties not less than $25,000 in each fiscal year, and within the limits of these funds and of available state and federal funds and of county funds appropriated to match the state and federal funds, the elder-adult-at-risk agency shall provide the necessary direct services to the elder adult at risk or other individual or arrange for the provision of the direct services with other agencies or individuals. Those direct services provided shall be rendered under the least restrictive conditions necessary to achieve their objective.

59,762 Section 762 . 46.96 (2) of the statutes is amended to read:

46.96 (2) The department shall make grants from the appropriations under s. 20.435 (7) (c), (1) (cx) and (kc), and (7) (na) to independent living centers for nonresidential services to severely disabled individuals.

59,763 Section 763 . 46.96 (2d) of the statutes is amended to read:

46.96 (2d) The department shall make grants from the appropriations under s. 20.435 (1) (cx) and (7) (c) and (na) for the purposes for which the federal moneys are received, including for independent living services.

59,764 Section 764 . 46.977 (2) (a) of the statutes is amended to read:

46.977 (2) (a) From the appropriation under s. 20.435 (7) (1) (cg), the department may under this section, based on the criteria under par. (c), award grants to applying organizations for the purpose of training and assisting guardians for individuals found incompetent under ch. 54. No grant may be paid unless the awardee provides matching funds equal to 10 percent of the amount of the award.

59,765 Section 765 . 46.986 (2) (a) (intro.) of the statutes is amended to read:

46.986 (2) (a) (intro.) From the appropriation account under s. 20.435 (7) (1) (br), the department shall contract for the administration of life-span respite care projects with an organization to which all of the following apply:

59,766 Section 766 . 46.995 (2g) of the statutes is created to read:

46.995 (2g) (a) The department may require a county to maintain a specified level of contribution for the disabled children's long-term support program. The department shall determine the amount of contribution that a county is required to maintain based on the historical county expenditures for the disabled children's long-term support program.

(b) Beginning in the 2017-19 fiscal biennium and thereafter, counties shall cooperate with the department to determine an equitable funding methodology and county contribution mechanism for contribution for the disabled children's long-term support program under par. (a) and to ensure that county contributions determined by the department are expended for the disabled children's long-term support program in the counties.

59,767 Section 767 . 46.995 (2r) of the statutes is created to read:

46.995 (2r) The department may contract with a county or a group of counties to deliver disabled children's long-term support program services.

59,768 Section 768 . 48.13 (3) of the statutes is amended to read:

48.13 (3) Who has been the victim of abuse, as defined in s. 48.02 (1) (a), (b), (c), (d), (e), (f), or (b) to (g), including injury that is self-inflicted or inflicted by another;

59,769 Section 769 . 48.13 (3m) of the statutes is amended to read:

48.13 (3m) Who is at substantial risk of becoming the victim of abuse, as defined in s. 48.02 (1) (a), (b), (c), (d), (e), (f), or (b) to (g), including injury that is self-inflicted or inflicted by another, based on reliable and credible information that another child in the home has been the victim of such abuse;

59,772 Section 772 . 48.563 (2) of the statutes is amended to read:

48.563 (2) County allocation. For children and family services under s. 48.569 (1) (d), the department shall distribute not more than $68,264,800 $70,211,100 in fiscal year 2015-16 2017-18 and $68,327,900 $74,308,000 in fiscal year 2016-17 2018-19.

59,773 Section 773 . 48.57 (3m) (am) (intro.) of the statutes is amended to read:

48.57 (3m) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), a county department and, in a county having a population of 750,000 or more, the department shall make payments in the amount of $226 $238 per month beginning on January 1, 2014 2018, and $232 $244 per month beginning on January 1, 2015 2019, to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

59,774 Section 774 . 48.57 (3n) (am) (intro.) of the statutes is amended to read:

48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), a county department and, in a county having a population of 750,000 or more, the department shall make monthly payments for each child in the amount of $226 $238 per month beginning on January 1, 2014 2018, and $232 $244 per month beginning on January 1, 2015 2019, to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:

59,775 Section 775 . 48.62 (4) of the statutes is amended to read:

48.62 (4) Monthly payments in foster care shall be provided according to the rates specified in this subsection. Beginning on January 1, 2014 2018, the rates are $226 $238 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a) and, for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than level one care, $375 $394 for a child under 5 years of age; $410 $431 for a child 5 to 11 years of age; $466 $490 for a child 12 to 14 years of age; and $487 $511 for a child 15 years of age or over. Beginning on January 1, 2015 2019, the rates are $232 $244 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a) and, for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than level one care, $384 $404 for a child under 5 years of age; $420 $442 for a child 5 to 11 years of age; $478 $502 for a child 12 to 14 years of age; and $499 $524 for a child 15 years of age or over. In addition to these grants for basic maintenance, the department, county department, or licensed child welfare agency shall make supplemental payments for foster care to a foster home that is receiving an age-related rate under this subsection that are commensurate with the level of care that the foster home is certified to provide and the needs of the child who is placed in the foster home according to the rules promulgated by the department under sub. (8) (c).

59,776 Section 776 . 48.65 (1) of the statutes is amended to read:

48.65 (1) No person may for compensation provide care and supervision for 4 or more children under the age of 7 for less than 24 hours a day unless that person obtains a license to operate a child care center from the department. To obtain a license under this subsection to operate a child care center, a person must meet the minimum requirements for a license established by the department under s. 48.67, meet the requirements specified in s. 48.685 48.686, and pay the license fee under sub. (3). A license issued under this subsection is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

59,777 Section 777 . 48.651 (1) (intro.) of the statutes is amended to read:

48.651 (1) (intro.) Except as provided in s. 49.155 (4) (c), no person, other than a child care center licensed under s. 48.65 or established or contracted for under s. 120.13 (14), may receive payment for providing child care services for an individual who is determined eligible for a child care subsidy under s. 49.155 unless the person is certified, according to the standards adopted by the department under s. 49.155 sub. (1d), by the department in a county having a population of 750,000 or more, a county department, or an agency with which the department contracts under sub. (2). To be certified under this section, a person must meet the minimum requirements for certification established by the department under s. 49.155 sub. (1d), meet the requirements specified in s. 48.685 48.686, and pay the fee specified in sub. (2). The department in a county having a population of 750,000 or more, a county department, or an agency contracted with under sub. (2) shall certify the following categories of child care providers:

59,778 Section 778 . 48.651 (1) (a) of the statutes is amended to read:

48.651 (1) (a) Level I certified family child care providers, as established by the department under s. 49.155 sub. (1d). No provider may be certified under this paragraph if the provider is a relative of all of the children for whom the provider provides care.

59,779 Section 779 . 48.651 (1) (b) of the statutes is amended to read:

48.651 (1) (b) Level II certified family child care providers, as established by the department under s. 49.155 sub. (1d).

59,780 Section 780 . 48.651 (1d) (b) of the statutes is created to read:

48.651 (1d) (b) 1. A level I certified family child care provider shall successfully complete department-approved preservice health and safety training in the topics specified in subd. 1. a. to j. by no later than the date of certification. A level II certified family child care provider or an employee or volunteer of a level I or level II certified family child care provider who is not the primary provider of care and supervision for children shall successfully complete department-approved preservice health and safety training in the topics specified in subd. 1. a. to j. by no later than the end of the orientation period available under 42 USC 9858c (c) (2) (I) (i) (XI). The health and safety training required under this subdivision shall include training in all of the following topics:

a. The prevention and control of infectious diseases, including by means of immunizations.

b. The prevention of sudden infant death syndrome and use of safe sleeping practices.

c. The administration of medication, consistent with parental consent.

d. The prevention of and response to emergencies due to allergic reactions to food or other allergens.

e. Building and physical premises safety, including identification of and protection from electrical hazards, bodies of water, vehicular traffic, and other hazards that can cause bodily injury.

f. The prevention of shaken baby syndrome and abusive head trauma.

g. Emergency preparedness and response planning for emergencies resulting from natural disaster or human-caused events.

h. The handling and storage of hazardous materials and the appropriate disposal of biocontaminants.

i. If applicable, appropriate precautions in transporting children.

j. First aid and cardiopulmonary resuscitation.

2. A child care provider or employee or volunteer of a child care provider shall also complete ongoing in-service training on an annual basis including training on the topics listed under subd. 1. a. to j.

59,781 Section 781 . 48.651 (2) of the statutes is amended to read:

48.651 (2) The department in a county having a population of 750,000 or more or a county department shall certify child care providers under sub. (1) or the department may contract with a Wisconsin Works agency, as defined in s. 49.001 (9), child care resource and referral agency, Indian tribe, or other agency to certify child care providers under sub. (1) in a particular geographic area or for a particular Indian tribal unit. The department in a county having a population of 750,000 or more or a county department that certifies child care providers under sub. (1) may charge a fee to cover the costs of certifying those providers. An agency or Indian tribe contracted with under this subsection may charge a fee specified by the department to supplement the amount provided by the department under the contract for certifying child care providers.

59,782 Section 782 . 48.651 (2m) of the statutes is repealed.

59,783 Section 783 . 48.651 (3) (a) of the statutes is amended to read:

48.651 (3) (a) If a child care provider certified under sub. (1) is convicted of a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider is convicted or adjudicated delinquent for committing a serious crime, as defined in s. 48.686 (1) (c), on or after his or her 12th 10th birthday, or if the department provides written notice of a decision under s. 48.686 (4p) that the child care provider, caregiver, or nonclient resident is ineligible for certification, employment, or residence at the child care provider, the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under sub. (2) shall revoke the certification of the child care provider immediately upon providing written notice of revocation and the grounds for revocation and an explanation of the process for appealing the revocation.

59,784 Section 784 . 48.651 (3) (b) of the statutes is amended to read:

48.651 (3) (b) If a child care provider certified under sub. (1) is the subject of a pending criminal charge alleging that the person has committed a serious crime, as defined in s. 48.685 48.686 (1) (c) 3m., or if a caregiver specified in s. 48.685 48.686 (1) (ag) 1. a. or a nonclient resident, as defined in s. 48.685 48.686 (1) (bm), of the child care provider is the subject of a pending criminal charge or delinquency petition alleging that the person has committed a serious crime on or after his or her 12th 10th birthday, the department in a county having a population of 750,000 or more, a county department, or an agency contracted with under sub. (2) shall immediately suspend the certification of the child care provider until the department, county department, or agency obtains information regarding the final disposition of the charge or delinquency petition indicating that the person is not ineligible to be certified under sub. (1).

59,785 Section 785 . 48.66 (1) (a) of the statutes is amended to read:

48.66 (1) (a) Except as provided in s. 48.715 (6) and (7), the department shall license and supervise child welfare agencies, as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities, as required by s. 938.22, and child care centers, as required by s. 48.65. The department may license foster homes, as provided by s. 48.62, and may license and supervise county departments in accordance with the procedures specified in this section and in ss. 48.67 to 48.74. The department may supervise a child care program established or contracted for under s. 120.13 (14) that receives payment under s. 49.155 for the child care provided. In the discharge of this duty the department may inspect the records and visit the premises of all child welfare agencies, group homes, shelter care facilities, and child care centers and visit the premises of all foster homes in which children are placed. The department may also inspect the records and visit the premises of all child care programs established or contracted for under s. 120.13 (14) that receive payment under s. 49.155 for the child care provided.

59,786 Section 786 . 48.66 (5) of the statutes is amended to read:

48.66 (5) A child welfare agency, group home, child care center, or shelter care facility license, other than a probationary license, is valid until revoked or suspended, but shall be reviewed every 2 years after the date of issuance as provided in this subsection. At least 30 days prior to the continuation date of the license, the licensee shall submit to the department an application for continuance of the license in the form and containing the information that the department requires. If the minimum requirements for a license established under s. 48.67 are met, the application is approved, the applicable fees referred to in ss. 48.68 (1) and, 48.685 (8), and 48.686 (2) (ag) are paid, and any forfeiture under s. 48.715 (3) (a) or penalty under s. 48.76 that is due is paid, the department shall continue the license for an additional 2-year period, unless sooner suspended or revoked. If the application is not timely filed, the department shall issue a warning to the licensee. If the licensee fails to apply for continuance of the license within 30 days after receipt of the warning, the department may revoke the license as provided in s. 48.715 (4) and (4m) (b).

59,787 Section 787 . 48.68 (1) of the statutes is amended to read:

48.68 (1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license adopted by the department under s. 48.67 and meets the requirements specified in s. 48.685, if or 48.686, whichever is applicable. In determining whether to issue or continue a license, the department may consider any action by the applicant, or by an employee of the applicant, that constitutes a substantial failure by the applicant or employee to protect and promote the health, safety, and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under s. 48.615 (1) (a) or (b), 48.625 (2) (a), 48.65 (3) (a), or 938.22 (7) (b), the department shall issue a license under s. 48.66 (1) (a) or, if applicable, a probationary license under s. 48.69 or, if applicable, shall continue a license under s. 48.66 (5). At the time of initial licensure and license renewal, the department shall provide a foster home licensee with written information relating to the monthly foster care rates and supplemental payments specified in s. 48.62 (4), including payment amounts, eligibility requirements for supplemental payments, and the procedures for applying for supplemental payments.

59,788 Section 788 . 48.685 (1) (ag) 1. b. of the statutes is amended to read:

48.685 (1) (ag) 1. b. A person who has, or is seeking, a license, certification or contract to operate an entity, who is receiving, or is seeking, payment under s. 48.623 (6) (am) for operating an entity, or who is seeking payment under s. 48.623 (6) (bm) for operating an entity.

59,789 Section 789 . 48.685 (1) (am) of the statutes is renumbered 48.685 (1) (am) (intro.) and amended to read:

48.685 (1) (am) (intro.) “Client" means a person who receives direct care or treatment services from an entity or from a caregiver specified in par. (ag) 1. am. or from a child care program under s. 48.686 (1) (aj), including all of the following:

59,790 Section 790 . 48.685 (1) (am) 1., 2. and 3. of the statutes are created to read:

48.685 (1) (am) 1. An adopted child for whom adoption assistance payments are being made under s. 48.975.

2. A child for whom subsidized guardianship payments are being made under s. 48.623.

3. A person who is 18 to 21 years old, is receiving independent living services under 42 USC 677 (a), is no longer placed in out-of-home care, and is residing in the foster home in which he or she was previously placed.

59,791 Section 791 . 48.685 (1) (b) of the statutes is amended to read: