Amendment SSA2-SB378

LRBs0626/2

GMM:jlg:lp

1997 - 1998 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 2, TO 1997 SENATE BILL 378

May 5, 1998 - Offered by Joint committee on Finance.

SB378-SSA2,1,12 An Act to amend 20.433 (1) (q), 25.67 (2), 48.981 (8) (a), 48.981 (8) (d) 1., 48.982 (4) (a), 48.982 (6) (a), 48.982 (6) (d) and 49.45 (25) (c); to repeal and recreate 25.67 (2) (a) 1. and (b); and to create 20.435 (3) (de), 20.435 (3) (df), 46.515 and 48.982 (2e) of the statutes; relating to: creating a child abuse and neglect prevention program, medical assistance for certain case management services, authorizing the child abuse and neglect prevention board to form a nonstock, nonprofit corporation, child abuse and neglect prevention and early childhood family education center grants awarded by the child abuse and neglect prevention board, training programs and training requirements for staff of county departments or licensed child welfare agencies under contract with county departments whose responsibilities include investigation or treatment of child abuse and neglect and making appropriations.

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

SB378-SSA2, s. 1 Section 1 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB378-SSA2, s. 2 Section 2. 20.433 (1) (q) of the statutes is amended to read:

SB378-SSA2,2,7 20.433 (1) (q) Children's trust fund grants. From the children's trust fund, all moneys received as contributions, grants, gifts and bequests for that trust fund under s. 48.982 (2) (d) or (2e) (a), less the amounts appropriated under par. (r), to carry out the purposes for which made and received under s. 48.982 (2m) (a).

SB378-SSA2, s. 3 Section 3 . 20.435 (3) (de) of the statutes is created to read:

SB378-SSA2,2,10 20.435 (3) (de) Child abuse and neglect prevention grants. The amounts in the schedule for child abuse and neglect prevention grants under s. 46.515.

SB378-SSA2, s. 4 Section 4 . 20.435 (3) (df) of the statutes is created to read:

SB378-SSA2,2,14 20.435 (3) (df) Child abuse and neglect prevention technical assistance. The amounts in the schedule for child abuse and neglect prevention technical assistance and training under s. 46.515 (8).

SB378-SSA2, s. 5 Section 5. 25.67 (2) of the statutes is amended to read:

SB378-SSA2,3,4 25.67 (2) The fund shall consist of the moneys received for the fund under s. 48.982 (2) (d) or (2e) (a). All moneys in the fund that are not appropriated under s. 20.433 (1) (r) or expended under s. 20.433 (1) (q) shall continue to accumulate indefinitely.

SB378-SSA2, s. 6 Section 6. 25.67 (2) (a) 1. and (b) of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (this act), are repealed and recreated to read:

SB378-SSA2,3,7 25.67 (2) (a) 1. Moneys received for the fund under s. 48.982 (2) (d) or (2e) (a).

SB378-SSA2,3,9 (b) All moneys in the fund that are not appropriated under s. 20.433 (1) (r) or expended under s. 20.433 (1) (q) shall continue to accumulate indefinitely.

SB378-SSA2, s. 7 Section 7. 46.515 of the statutes is created to read:

SB378-SSA2,3,12 46.515 Child abuse and neglect prevention program. (1) Definitions. In this section:

SB378-SSA2,3,13 (a) "Abuse" has the meaning given in s. 48.02 (1).

SB378-SSA2,3,15 (b) "Case", other than when used in the term "case management services", means a family or person who meets all of the following criteria:

SB378-SSA2,3,16 1. The family or person is any of the following:

SB378-SSA2,3,20 a. A family or person who has been the subject of a report under s. 48.981 and with respect to whom the individual making the investigation or the intake worker assigned to the family or person has determined that all of the conditions in subd. 2. exist.

SB378-SSA2,3,25 b. An Indian child who has been the subject of a report under s. 48.981 about which an Indian tribe that has received a grant under this section has received notice, including but not limited to notice provided to a tribal agent under s. 48.981 (3) (bm), and with respect to whom an individual designated by the Indian tribe has determined that all of the conditions in subd. 2. exist.

SB378-SSA2,4,7 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.

SB378-SSA2,4,9 2. The family or person has been determined to meet all of the following conditions:

SB378-SSA2,4,11 a. There is a substantial risk of future abuse or neglect of a child in the family if assistance is not provided.

SB378-SSA2,4,13 b. The child and the child's parent or the person primarily responsible for the child's care are willing to cooperate with an informal plan of support and services.

SB378-SSA2,4,17 c. It does not appear that a petition will be filed under s. 48.25 alleging that a child in the family is in need of protection or services under s. 48.13 and, if an Indian child is involved, it also does not appear that there will be a similar proceeding in tribal court relating to abuse or neglect of the Indian child.

SB378-SSA2,4,19 (c) "Court", other than when used in referring to a tribal court, has the meaning given in s. 48.02 (2m).

SB378-SSA2,4,22 (cm) "Culturally competent" means the ability to understand and act respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes and behaviors of persons and families of various cultures.

SB378-SSA2,4,23 (d) "Indian child" has the meaning given in s. 48.981 (1) (cs).

SB378-SSA2,4,25 (e) "Indian tribe" means a federally recognized American Indian tribe or band in this state.

SB378-SSA2,5,2 (f) "Intake worker" means any person designated to provide intake services under s. 48.067.

SB378-SSA2,5,3 (g) "Neglect" has the meaning given in s. 48.981 (1) (d).

SB378-SSA2,5,6 (h) "Reservation" means land in this state within the boundaries of a federally recognized reservation of an Indian tribe or within the bureau of Indian affairs service area for the Ho-Chunk Nation.

SB378-SSA2,5,7 (i) "Rural county" means a county that is not an urban county.

SB378-SSA2,5,10 (j) "Urban county" means a county located in a federal metropolitan statistical area or a primary metropolitan statistical area, as designated by the federal office of management and budget.

SB378-SSA2,6,2 (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 (3) (de), 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 population that is eligible for medical assistance under subch. IV of ch. 49 in that county or the reservation of that Indian tribe in proportion to the population that is eligible for 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 population that is eligible for medical assistance under subch. IV of ch. 49 in that county in proportion to the population that is eligible for 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.

SB378-SSA2,6,5 (3) Number of counties and Indian tribes selected. (a) Number selected. The following number of counties and Indian tribes may be selected by the department to participate in the program under this section:

SB378-SSA2,6,7 1. In the 1997-99 state fiscal biennium, no more than 6 rural counties, 3 urban counties and 2 Indian tribes may be selected.

SB378-SSA2,6,10 2. In the 1999-2001 state fiscal biennium, no more than 14 rural counties, 6 urban counties and 3 Indian tribes may be selected, in addition to those selected in the previous state fiscal biennium.

SB378-SSA2,6,13 3. In the 2001-03 state fiscal biennium, counties and Indian tribes that have not been selected previously may be selected, in addition to those selected in previous state fiscal biennia.

SB378-SSA2,6,18 (b) Joint application permitted. Two or more counties and Indian tribes may submit a joint application to the department. Each county or Indian tribe in a joint application shall be counted as a separate county or Indian tribe for the purpose of limiting the number of counties and Indian tribes selected in each state fiscal biennium.

SB378-SSA2,6,20 (4) Purpose. (a) Grants; flexible funds, training and case management. The grants awarded under this section shall be used for all of the following purposes:

SB378-SSA2,6,21 1. To establish or maintain the fund under sub. (6) (b) 1.

SB378-SSA2,6,22 2. To establish or maintain the fund under sub. (6) (b) 2.

SB378-SSA2,6,25 4. To pay expenses incurred in connection with attending training activities related to the program under this section. No more than $1,500 of the grant amount may be used for this purpose in the 12 months following receipt of a grant.

SB378-SSA2,7,6 4m. Other than in a county with a population of 500,000 or more, to reimburse a case management provider under s. 49.45 (25) (b) for the amount of the allowable charges under the medical assistance program that is not provided by the federal government for case management services provided to a medical assistance beneficiary described in s. 49.45 (25) (am) 9. who is a child and who is a member of a family that receives home visitation program services under par. (b) 1.