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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
1An Act to amend 20.433 (1) (q), 25.67 (2), 48.981 (8) (a), 48.981 (8) (d) 1., 48.982
2(4) (a), 48.982 (6) (a), 48.982 (6) (d) and 49.45 (25) (c);
to repeal and recreate
325.67 (2) (a) 1. and (b); and
to create 20.435 (3) (de), 20.435 (3) (df), 46.515 and
448.982 (2e) of the statutes;
relating to: creating a child abuse and neglect
5prevention program, medical assistance for certain case management services,
6authorizing the child abuse and neglect prevention board to form a nonstock,
7nonprofit corporation, child abuse and neglect prevention and early childhood
8family education center grants awarded by the child abuse and neglect
9prevention board, training programs and training requirements for staff of
10county departments or licensed child welfare agencies under contract with
11county departments whose responsibilities include investigation or treatment
12of 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
1Section
1
. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB378-SSA2,2,74
20.433
(1) (q)
Children's trust fund grants. From the children's trust fund, all
5moneys received as contributions, grants, gifts and bequests for that trust fund
6under s. 48.982 (2) (d)
or (2e) (a), less the amounts appropriated under par. (r), to
7carry out the purposes for which made and received under s. 48.982 (2m) (a).
SB378-SSA2, s. 3
8Section
3
. 20.435 (3) (de) of the statutes is created to read:
SB378-SSA2,2,109
20.435
(3) (de)
Child abuse and neglect prevention grants.
The amounts in the
10schedule for child abuse and neglect prevention grants under s. 46.515.
SB378-SSA2, s. 4
11Section
4
. 20.435 (3) (df) of the statutes is created to read:
SB378-SSA2,2,1412
20.435
(3) (df)
Child abuse and neglect prevention technical assistance. The
13amounts in the schedule for child abuse and neglect prevention technical assistance
14and training under s. 46.515 (8).
SB378-SSA2,3,4
125.67
(2) The fund shall consist of the moneys received for the fund under s.
248.982 (2) (d)
or (2e) (a). All moneys in the fund
that are not
appropriated under s.
320.433 (1) (r) or expended under s. 20.433 (1) (q) shall continue to accumulate
4indefinitely.
SB378-SSA2,3,77
25.67
(2) (a) 1. Moneys received for the fund under s. 48.982 (2) (d) or (2e) (a).
SB378-SSA2,3,98
(b) All moneys in the fund that are not appropriated under s. 20.433 (1) (r) or
9expended under s. 20.433 (1) (q) shall continue to accumulate indefinitely.
SB378-SSA2,3,12
1146.515 Child abuse and neglect prevention program. (1) Definitions. 12In this section:
SB378-SSA2,3,1313
(a) "Abuse" has the meaning given in s. 48.02 (1).
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(b) "Case", other than when used in the term "case management services",
15means a family or person who meets all of the following criteria:
SB378-SSA2,3,1616
1. The family or person is any of the following:
SB378-SSA2,3,2017
a. A family or person who has been the subject of a report under s. 48.981 and
18with respect to whom the individual making the investigation or the intake worker
19assigned to the family or person has determined that all of the conditions in subd.
202. exist.
SB378-SSA2,3,2521
b. An Indian child who has been the subject of a report under s. 48.981 about
22which an Indian tribe that has received a grant under this section has received
23notice, including but not limited to notice provided to a tribal agent under s. 48.981
24(3) (bm), and with respect to whom an individual designated by the Indian tribe has
25determined that all of the conditions in subd. 2. exist.
SB378-SSA2,4,7
1c. A family that includes a person who has contacted a county department, as
2defined in s. 48.02 (2g), or an Indian tribe that has been awarded a grant under this
3section or, in a county having a population of 500,000 or more that has been awarded
4a grant under this section, the department or a licensed child welfare agency under
5contract with the department requesting assistance to prevent abuse or neglect of a
6child in the person's family and with respect to which an individual responding to the
7request has determined that all of the conditions in subd. 2. exist.
SB378-SSA2,4,98
2. The family or person has been determined to meet all of the following
9conditions:
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a. There is a substantial risk of future abuse or neglect of a child in the family
11if assistance is not provided.
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b. The child and the child's parent or the person primarily responsible for the
13child's care are willing to cooperate with an informal plan of support and services.
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c. It does not appear that a petition will be filed under s. 48.25 alleging that a
15child in the family is in need of protection or services under s. 48.13 and, if an Indian
16child is involved, it also does not appear that there will be a similar proceeding in
17tribal court relating to abuse or neglect of the Indian child.
SB378-SSA2,4,1918
(c) "Court", other than when used in referring to a tribal court, has the meaning
19given in s. 48.02 (2m).
SB378-SSA2,4,2220
(cm) "Culturally competent" means the ability to understand and act
21respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes
22and behaviors of persons and families of various cultures.
SB378-SSA2,4,2323
(d) "Indian child" has the meaning given in s. 48.981 (1) (cs).
SB378-SSA2,4,2524
(e) "Indian tribe" means a federally recognized American Indian tribe or band
25in this state.
SB378-SSA2,5,2
1(f) "Intake worker" means any person designated to provide intake services
2under s. 48.067.
SB378-SSA2,5,33
(g) "Neglect" has the meaning given in s. 48.981 (1) (d).
SB378-SSA2,5,64
(h) "Reservation" means land in this state within the boundaries of a federally
5recognized reservation of an Indian tribe or within the bureau of Indian affairs
6service area for the Ho-Chunk Nation.
SB378-SSA2,5,77
(i) "Rural county" means a county that is not an urban county.
SB378-SSA2,5,108
(j) "Urban county" means a county located in a federal metropolitan statistical
9area or a primary metropolitan statistical area, as designated by the federal office
10of management and budget.
SB378-SSA2,6,2
11(2) Funds provided. If a county or Indian tribe applies and is selected by the
12department under sub. (5) to participate in the program under this section, the
13department shall award, from the appropriation under s. 20.435 (3) (de), a grant
14annually to be used only for the purposes specified in sub. (4) (a) and (am). The
15minimum amount of a grant is $10,000. The department shall determine the amount
16of a grant awarded to a county, other than a county with a population of 500,000 or
17more, or Indian tribe in excess of the minimum amount based on the population that
18is eligible for medical assistance under subch. IV of ch. 49 in that county or the
19reservation of that Indian tribe in proportion to the population that is eligible for
20medical assistance under subch. IV of ch. 49 in all of the counties and the
21reservations of all of the Indian tribes to which grants are awarded under this
22section. The department shall determine the amount of a grant awarded to a county
23with a population of 500,000 or more in excess of the minimum amount based on 60%
24of the population that is eligible for medical assistance under subch. IV of ch. 49 in
25that county in proportion to the population that is eligible for medical assistance
1under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian
2tribes to which grants are awarded under this section.
SB378-SSA2,6,5
3(3) Number of counties and Indian tribes selected. (a)
Number selected. The
4following number of counties and Indian tribes may be selected by the department
5to participate in the program under this section:
SB378-SSA2,6,76
1. In the 1997-99 state fiscal biennium, no more than 6 rural counties, 3 urban
7counties and 2 Indian tribes may be selected.
SB378-SSA2,6,108
2. In the 1999-2001 state fiscal biennium, no more than 14 rural counties, 6
9urban counties and 3 Indian tribes may be selected, in addition to those selected in
10the previous state fiscal biennium.
SB378-SSA2,6,1311
3. In the 2001-03 state fiscal biennium, counties and Indian tribes that have
12not been selected previously may be selected, in addition to those selected in previous
13state fiscal biennia.
SB378-SSA2,6,1814
(b)
Joint application permitted. Two or more counties and Indian tribes may
15submit a joint application to the department. Each county or Indian tribe in a joint
16application shall be counted as a separate county or Indian tribe for the purpose of
17limiting the number of counties and Indian tribes selected in each state fiscal
18biennium.
SB378-SSA2,6,20
19(4) Purpose. (a)
Grants; flexible funds, training and case management. The
20grants awarded under this section shall be used for all of the following purposes:
SB378-SSA2,6,2121
1. To establish or maintain the fund under sub. (6) (b) 1.
SB378-SSA2,6,2222
2. To establish or maintain the fund under sub. (6) (b) 2.
SB378-SSA2,6,2523
4. To pay expenses incurred in connection with attending training activities
24related to the program under this section. No more than $1,500 of the grant amount
25may be used for this purpose in the 12 months following receipt of a grant.
SB378-SSA2,7,6
14m. Other than in a county with a population of 500,000 or more, to reimburse
2a case management provider under s. 49.45 (25) (b) for the amount of the allowable
3charges under the medical assistance program that is not provided by the federal
4government for case management services provided to a medical assistance
5beneficiary described in s. 49.45 (25) (am) 9. who is a child and who is a member of
6a family that receives home visitation program services under par. (b) 1.
SB378-SSA2,7,127
(am)
Grants; start-up costs and capacity building. In the first year in which
8a grant under this section is awarded to a county or Indian tribe, the county or Indian
9tribe may use a portion of the grant to pay for start-up costs and capacity building
10related to the program under this section. The department shall determine the
11maximum amount of a grant that a county or Indian tribe may use to pay for those
12start-up costs and that capacity building.
SB378-SSA2,8,1013
(b)
Home visitation program services. 1. A county, other than a county with a
14population of 500,000 or more, or an Indian tribe that is selected to participate in the
15program under this section shall select persons who are first-time parents and who
16are eligible for medical assistance under subch. IV of ch. 49 and shall offer each of
17those persons an opportunity to undergo an assessment through use of a risk
18assessment instrument to determine whether the parent presents risk factors for
19perpetrating child abuse or neglect. Persons who are selected and who agree to be
20assessed shall be assessed during the prenatal period, if possible, or as close to the
21time of the child's birth as possible. The risk assessment instrument shall be
22developed by the department and shall be based on risk assessment instruments
23developed by the department for similar programs that are in operation. The
24department need not promulgate as rules under ch. 227 the risk assessment
25instrument developed under this subdivision. A person who is assessed to be at risk
1of abusing or neglecting his or her child shall be offered home visitation program
2services. Home visitation program services may be provided to a family with a child
3identified as being at risk of child abuse or neglect until the identified child reaches
43 years of age. If risk factors for child abuse or neglect with respect to the identified
5child continue to be present when the child reaches 3 years of age, home visitation
6program services may be provided until the identified child reaches 5 years of age.
7Home visitation program services may not be provided to a person unless the person
8gives his or her written informed consent to receiving those services or, if the person
9is a child, unless the child's parent, guardian or legal custodian gives his or her
10written informed consent for the child to receive those services.
SB378-SSA2,8,1411
1m. No person who is required or permitted to report suspected or threatened
12abuse or neglect under s. 48.981 (2) may make or threaten to make such a report
13based on a refusal of a person to receive or to continue receiving home visitation
14program services under subd. 1.
SB378-SSA2,8,2315
2. The counties and Indian tribes that are selected to participate in the program
16under this section may permit a person who is not a first-time parent or who is not
17eligible for medical assistance under subch. IV of ch. 49 to undergo the risk
18assessment and to participate in the home visitation program if that person presents
19risk factors for perpetrating child abuse or neglect. No payments from the fund
20under sub. (6) (b) 1. may be made to a person described in this subdivision. No
21reimbursement to a case management provider under s. 49.45 (25) (b) for services
22provided to a person described in this subdivision may be made from grant moneys
23received under this section.
SB378-SSA2,9,17
24(5) Selection of counties and Indian tribes. The department shall provide
25competitive application procedures for selecting counties and Indian tribes for
1participation in the program under this section. The department shall establish a
2method for ranking applicants for selection based on the quality of their applications.
3In ranking the applications submitted by counties, the department shall give
4favorable consideration to a county that has indicated under sub. (6) (d) 2. that it is
5willing to use a portion of any moneys distributed to the county under s. 46.45 (2) (a)
6to provide case management services to a medical assistance beneficiary under s.
749.45 (25) (am) 9. who is a case or who is a member of a family that is a case and that
8has explained under sub. (6) (d) 2. how the county plans to use that portion of those
9moneys to promote the provision of those services for the case by using a wraparound
10process so as to provide those services in a flexible, comprehensive and
11individualized manner in order to reduce the necessity for court-ordered services.
12The department shall also provide application requirements and procedures for the
13renewal of a grant awarded under this section. The application procedures and the
14renewal application requirements and procedures shall be clear and understandable
15to the applicants. The department need not promulgate as rules under ch. 227 the
16application procedures, the renewal application requirements or procedures or the
17method for ranking applicants established under this subsection.
SB378-SSA2,9,20
18(6) Criteria for awarding grants. In addition to any other criteria developed
19by the department, a county or Indian tribe shall meet all of the following criteria in
20order to be selected for participation in the program under this section:
SB378-SSA2,9,2421
(a)
Home visitation program criteria. The part of an application, other than a
22renewal application, submitted by a county, other than a county with a population
23of 500,000 or more, or an Indian tribe that relates to home visitation programs shall
24include all of the following:
SB378-SSA2,10,4
11. Information on how the applicant's home visitation program is
2comprehensive and incorporates practice standards that have been developed for
3home visitation programs by entities concerned with the prevention of child abuse
4and neglect and that are acceptable to the department.
SB378-SSA2,10,95
2. Documentation that the application was developed through collaboration
6among public and private organizations that provide services to children, especially
7children who are at risk of child abuse or neglect, or that are otherwise interested in
8child welfare and a description of how that collaboration effort will support a
9comprehensive home visitation program.
SB378-SSA2,10,1310
3. An identification of existing child abuse and neglect prevention services that
11are available to residents of the county or reservation of the Indian tribe and a
12description of how those services and any additional needed services will support a
13comprehensive home visitation program.
SB378-SSA2,10,1714
4. An explanation of how the home visitation program will build on existing
15child abuse and neglect prevention programs, including programs that provide
16support to families, and how the home visitation program will coordinate with those
17programs.
SB378-SSA2,10,1918
4m. An explanation of how the applicant will encourage private organizations
19to provide services under the applicant's home visitation program.
SB378-SSA2,10,2320
6. An identification of how the home visitation program is comprehensive and
21incorporates the practice standards for home visitation programs referred to in subd.
221., including how services will vary in intensity levels depending on the needs and
23strengths of the participating family.
SB378-SSA2,11,3
16m. An explanation of how the services to be provided under the home
2visitation program, including the risk assessment under sub. (4) (b) 1., will be
3provided in a culturally competent manner.
SB378-SSA2,11,84
7m. A statement of whether the applicant intends to use a portion of the grant
5in the first year in which the grant is awarded to pay for start-up costs or capacity
6building related to the program under this section and an explanation of how the
7applicant would use any amounts authorized by the department under sub. (4) (am)
8for those purposes.
SB378-SSA2,11,199
(b)
Flexible funds. 1. `Flexible fund for home visitation programs.' The
10applicant demonstrates in the application that the applicant has established, or has
11plans to establish, if selected, a fund from which payments totaling not more than
12$1,000 per calendar year may be made for appropriate expenses of each family that
13is participating in the home visitation program under sub. (4) (b) 1. or that is
14receiving home visitation services under s. 49.45 (44). The payments shall be
15authorized by an individual designated by the applicant. If an applicant makes a
16payment to or on behalf of a family under this subdivision, one-half of the payment
17shall be from grant moneys received under this section and one-half of the payment
18shall be from moneys provided by the applicant from sources other than grant
19moneys received under this section.
SB378-SSA2,12,820
2. `Flexible fund for cases.' The applicant demonstrates in the grant application
21that the applicant has established, or has plans to establish, if selected, a fund from
22which payments totaling not more than $500 for each case may be made for
23appropriate expenses related to the case. The payments shall be authorized by an
24individual designated by the applicant. If an applicant makes a payment to or on
25behalf of a person under this subdivision, one-half of the payment shall be from grant
1moneys received under this section and one-half of the payment shall be from
2moneys provided by the applicant from sources other than grant moneys received
3under this section. The applicant shall demonstrate in the grant application that it
4has established, or has plans to establish, if selected, procedures to encourage, when
5appropriate, a person to whom or on whose behalf payments are made under this
6subdivision to make a contribution to the fund described in this subdivision up to the
7amount of payments made to or on behalf of the person when the person's financial
8situation permits such a contribution.
SB378-SSA2,12,139
4.
`Nonentitlement.' No individual is entitled to any payment from a fund
10established under subd. 1. or 2. Nothing in this section shall be construed as
11requiring a county or Indian tribe to make a determination described in sub. (1) (b)
122. A determination described in sub. (1) (b) 2. may not be construed to be a
13determination described in s. 48.981 (3) (c) 4.
SB378-SSA2,12,1914
(c)
Case management benefit. The applicant, other than a county with a
15population of 500,000 or more, states in the grant application that it has elected, or,
16if selected, that it will elect, under s. 49.45 (25) (b), to make the case management
17benefit under s. 49.45 (25) available to the category of beneficiaries under s. 49.45
18(25) (am) 9. who are children and who are members of families receiving home
19visitation program services under sub. (4) (b) 1.