Amendment SSA1-SB615

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1995 - 1996 LEGISLATURE

CORRECTED COPY

SENATE SUBSTITUTE AMENDMENT 1, To 1995 SENATE BILL 615

March 26, 1996 - Offered by Joint committee on Finance.

SB615-SSA1,1,6 An Act to amend 46.40 (2); and to create 15.197 (24), 20.435 (3) (cw), 20.435 (3) (mw), 46.023, 46.40 (1) (c), 49.45 (44) and 49.46 (2) (b) 12m. of the statutes; relating to: transferring the duty and authority to provide child welfare services in Milwaukee County from the Milwaukee County department of social services to the department of health and family services and making appropriations.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB615-SSA1, s. 1 Section 1. 15.197 (24) of the statutes is created to read:

SB615-SSA1,1,11 15.197 (24) Milwaukee child welfare partnership council. (a) There is created a Milwaukee child welfare partnership council, attached to the department of health and social services under s. 15.03. The council shall consist of the following members:

SB615-SSA1,1,13 1. Three members of the Milwaukee County board nominated by the Milwaukee County executive.

SB615-SSA1,2,2 2. One representative to the assembly appointed by the speaker of the assembly.

SB615-SSA1,2,4 3. One representative to the assembly appointed by the minority leader of the assembly.

SB615-SSA1,2,5 4. One senator appointed by the president of the senate.

SB615-SSA1,2,6 5. One senator appointed by the minority leader of the senate.

SB615-SSA1,2,8 6. Ten members who are residents of this state, not less than 6 of whom shall be residents of Milwaukee County.

SB615-SSA1,2,10 7. Two members nominated by the community advisory committees established under s. 46.023 (2).

SB615-SSA1,2,12 (b) Notwithstanding s. 15.09 (2), the governor shall designate one of the members appointed under par. (a) 6. as chairperson of the council.

SB615-SSA1,2,14 (c) The members of the council appointed under par. (a) 1., 6. and 7. shall be appointed for 3-year terms.

SB615-SSA1, s. 2 Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB615-SSA1, s. 3 Section 3. 20.435 (3) (cw) of the statutes is created to read:

SB615-SSA1,3,4 20.435 (3) (cw) Child welfare services in Milwaukee County. The amounts in the schedule for activities under 1995 Wisconsin Act .... (this act), section 9127 (1), (5), (6 ) and (7) relating to the assumption by the department of the duty and authority to provide child welfare services in Milwaukee County.

SB615-SSA1, s. 4 Section 4. 20.435 (3) (mw) of the statutes is created to read:

SB615-SSA1,3,10 20.435 (3) (mw) Federal aid; child welfare services in Milwaukee County. All federal moneys received for activities under 1995 Wisconsin Act .... (this act), section 9127 (1), relating to the assumption by the department of the duty and authority to provide child welfare services in Milwaukee County, to carry out the purposes for which received.

SB615-SSA1, s. 5 Section 5. 46.023 of the statutes is created to read:

SB615-SSA1,3,14 46.023 Milwaukee child welfare partnership council and advisory committees. (1) Milwaukee child welfare partnership council; duties. The Milwaukee child welfare partnership council shall do all of the following:

SB615-SSA1,3,17 (a) Formulate suggested policies and plans for the improvement of the child welfare system in Milwaukee County and make recommendations with respect to those policies and plans to the department and the legislature.

SB615-SSA1,3,21 (b) Formulate suggested measures for evaluating the effectiveness of the child welfare system in Milwaukee County, including outcome measures, and make recommendations with respect to those measures to the department and the legislature.

SB615-SSA1,3,24 (c) Formulate suggested funding priorities for the child welfare system in Milwaukee County and make recommendations with respect to those funding priorities to the department and the legislature.

SB615-SSA1,4,3 (d) Identify innovative public and private funding opportunities for the child welfare system in Milwaukee County and make recommendations with respect to those funding opportunities to the department and the legislature.

SB615-SSA1,4,6 (e) Advise the department in planning, and providing technical assistance and capacity building to support, a neighborhood-based system for the delivery of child welfare services in Milwaukee County.

SB615-SSA1,4,16 (2) Milwaukee child welfare community advisory committees. The department shall establish community advisory committees for each of the 5 neighborhood-based child welfare service delivery sites planned for Milwaukee County under 1993 Wisconsin Act .... (this act), section 9127 (1) (b ). Each committee shall provide a forum for communication for those persons who are interested in the delivery of child welfare services in the neighborhood to be served by the service delivery site. Any committee established under this subsection shall continue in existence after the establishment of the service delivery site to make recommendations to the department with respect to the delivery of child welfare services in the neighborhood served by the delivery site.

SB615-SSA1, s. 6 Section 6. 46.40 (1) (c) of the statutes is created to read:

SB615-SSA1,5,5 46.40 (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, if the department receives any federal moneys under 42 USC 67 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, 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.

SB615-SSA1, s. 7 Section 7. 46.40 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 2281s, is amended to read:

SB615-SSA1,5,11 46.40 (2) Basic county allocation. For social services under s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not more than $292,368,400 for fiscal year 1995-96 and $292,109,500 $291,349,200 for fiscal year 1996-97.

SB615-SSA1, s. 8 Section 8. 49.45 (44) of the statutes is created to read:

SB615-SSA1,5,19 49.45 (44) Prenatal, postpartum and young child care coordination. Providers in Milwaukee County that are certified to provide care coordination services under s. 49.46 (2) (b) 12. may be certified to provide to medical assistance recipients prenatal and postpartum care coordination services and care coordination services for children who have not attained the age of 7. The department shall provide reimbursement for these care coordination services only if at least one of the following conditions is met:

SB615-SSA1,5,22 (a) The recipient is a resident of Milwaukee County and has received services under s. 49.46 (2) (b) 12. and is pregnant or has given birth within 8 weeks after the individual ceased to receive services under s. 49.46 (2) (b) 12.

SB615-SSA1,5,24 (b) The recipient is a resident of Milwaukee County, is pregnant and has received a risk assessment approved by the department.

SB615-SSA1,6,3 (c) The recipient is a resident of Milwaukee County, has given birth within the 8 weeks immediately preceding the request for services under s. 49.46 (2) (b) 12m. and has received a risk assessment approved by the department.

SB615-SSA1, s. 9 Section 9. 49.46 (2) (b) 12m. of the statutes is created to read:

SB615-SSA1,6,6 49.46 (2) (b) 12m. Prenatal, postpartum and young child care coordination services under s. 49.45 (44).

SB615-SSA1, s. 9127 Section 9127. Nonstatutory provisions; health and social services.

SB615-SSA1,6,8 (1) Transfer of child welfare services in Milwaukee County.

SB615-SSA1,6,14 (a) Proposed legislation. By September 15, 1996, the secretary of health and family services shall submit a report to the secretary of administration containing a single piece of proposed legislation to transfer the duty and authority to provide child welfare services in Milwaukee County from the Milwaukee County department of social services to the department of health and family services by no later than January 1, 1998. The proposed legislation shall include all of the following:

SB615-SSA1,6,20 1. Proposed legislation to provide funding for the department of health and family services to provide those child welfare services in an amount that is not less than the amount expended by the Milwaukee County department of social services from state and federal revenues, the county tax levy and any other source of revenue in 1995 for child welfare services, as determined by the department of health and family services.

SB615-SSA1,6,23 2.  Proposed legislation to reduce the amount of funding provided to the Milwaukee County department of social services to reflect the transfer of that duty and authority to the department of health and family services.

SB615-SSA1,7,9 3. Proposed legislation to amend all specific statutory provisions that currently authorize or require the Milwaukee County department of social services to provide child welfare services so as to transfer that authority and duty to the department of health and family services by no later than January 1, 1998. Specific child welfare services that the proposed legislation shall transfer include such services as receiving and investigating child abuse or neglect reports, referring children and providing court reports and permanency plans to the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes for proceedings under chapter 48 of the statutes, providing appropriate protection or services for children and their families, licensing foster homes and treatment foster homes and placing children for adoption.

SB615-SSA1,7,24 (b) System planning and development activities. In preparation for assuming the duty and authority to provide child welfare services in Milwaukee County by no later than January 1, 1998, the department of health and social services and, beginning on July 1, 1996, the department of health and family services shall plan and develop a system for providing those services and undertake, or contract for the undertaking of, any other activities that may be necessary to prepare for assuming that duty and authority. The system developed under this paragraph shall be a neighborhood-based system consisting of 5 service delivery sites in Milwaukee County, each of which shall have a community advisory committee appointed under section 46.023 (2) of the statutes, as created by this act. The department of health and social services shall include a plan for developing that system and for undertaking, or contracting for the undertaking of, those activities in the implementation plan provided in the proposal that the department is required to submit to the governor and the legislature under 1995 Wisconsin Act 27, section 9126 (27g).