AB133-ASA1-AA2,138,2120
2. Multiply the system's percentage of the state's geographical area by the
21product of the amount appropriated under s. 20.255 (3) (e) and 0.075.
AB133-ASA1-AA2,139,222
3. Divide the sum of the payments to the municipalities and counties in the
23system under subch. I of ch. 79 for the current fiscal year, as reflected in the
24statement of estimated payments under s. 79.015, by the total of all payments under
25subch. I of ch. 79 for the current fiscal year, as reflected in the statement of estimated
1payments under s. 79.015, and multiply the result by the product of the amount
2appropriated under s. 20.255 (3) (e) and 0.075.".
AB133-ASA1-AA2,140,518
46.036
(4) (a) Except as provided in this paragraph, maintain a uniform double
19entry accounting system and a management information system which are
20compatible with cost accounting and control systems prescribed by the department.
21The department shall establish a simplified double entry bookkeeping system for use
22by family-operated group homes. Each purchaser shall determine whether a
23family-operated group home from which it purchases services shall use the double
1entry accounting system or the simplified system and shall include this
2determination in the purchase of service contract. In this paragraph,
3"family-operated group home" means a group home licensed under s. 48.66 (1)
(a) for
4which the licensee is one or more individuals who operate not more than one group
5home.".
AB133-ASA1-AA2,140,158
46.041
(1) (a) Provide for the temporary residence and evaluation of children
9referred from courts assigned to exercise jurisdiction under chs. 48 and 938, the
10institutions and services under the jurisdiction of the department, University of
11Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215,
1246.22 or 46.23, private child welfare agencies,
schools the Wisconsin School for the
13deaf and visually handicapped, Deaf, the Wisconsin Center for the Blind and
14Visually Impaired and mental health facilities within the state at the discretion of
15the
superintendent director of the institution providing services under this section.".
AB133-ASA1-AA2,140,2318
46.10
(2m) The liability specified in sub. (2) shall not apply to tuberculosis
19patients receiving care, maintenance, services and supplies under ss.
58.06 and 20252.07 to 252.10, to persons 18 and older receiving care, maintenance, services and
21supplies provided by prisons named in s. 302.01 or to parents of a minor who receives
22care for alcohol or drug abuse under s. 51.47 (1) without consent of the minor's parent
23or guardian.
AB133-ASA1-AA2,141,8
146.18
(1) Trustees. Every county home, infirmary, hospital,
tuberculosis
2hospital or sanatorium, or similar institution, shall, subject to regulations approved
3by the county board, be managed by a board of trustees, electors of the county, chosen
4by ballot by the county board. At its annual meeting, the county board shall appoint
5an uneven number of trustees, from 3 to 9 at the option of the board, for staggered
63-year terms ending the first Monday in January. Any vacancy shall be filled for the
7unexpired term by the county board; but the chairperson of the county board may
8appoint a trustee to fill the vacancy until the county board acts.
AB133-ASA1-AA2,141,1810
46.20
(1) Any 2 or more counties may jointly, by majority vote of all the
11members of each county board, provide for a county home, infirmary, hospital,
12tuberculosis hospital or sanatorium, or similar institution, or juvenile detention
13home, which shall be established, maintained and operated pursuant to all the
14statutes relating to the establishment, maintenance and operation of similar
15institutions, respectively, by any single county whose population is less than
16250,000, except as otherwise provided in this section; and in all respects, except as
17herein specified, each such institution shall be the county institution of each of the
18counties so joining.
AB133-ASA1-AA2,142,220
46.20
(3) Upon approval of the site, plans and specifications, as provided in
s.
21252.073 as to tuberculosis sanatoriums and ss. 46.17 and 301.37, as to other
22institutions, the joint committee shall report to the several county boards the
23estimated cost of the site and buildings, and the amount thereof chargeable to each
24county on the basis set forth in sub. (6) (a), appending to each report a copy of the
25plans and specifications and all matter relating to the site and buildings. If the
1report is approved by each county board, the joint committee shall purchase the site
2and cause the buildings to be erected in accordance with the plans and specifications.
AB133-ASA1-AA2,142,2215
46.27
(3) (f) Beginning on January 1, 1996, from the annual allocation to the
16county for the provision of long-term community support services under subs. (7) (b)
17and (11), annually establish a maximum total amount that may be encumbered in
18a calendar year for services for eligible individuals in community-based residential
19facilities.
Notwithstanding the maximum, however, a county may not deny services
20under this section to an eligible individual who resides in a community-based
21residential facility when the individual becomes eligible, solely because the
22maximum total amount has been reached.".
AB133-ASA1-AA2,143,4
23441. Page 569, line 25: delete "whether or not the person is a private pay
24admittee at the time of admission." and substitute "
whether or not the person is a
1private pay admittee at the time of admission. except that a person seeking
2admission or about to be admitted on a private pay basis may waive the assessment,
3unless the person will be eligible for medical assistance within 6 months of
4assessment.".
AB133-ASA1-AA2,143,107
46.27
(7) (cL) No county department or aging unit may deny services to a
8person under par. (cj) who refused to have an assessment completed as required
9under par. (cj) 3. a. before the effective date of this paragraph .... [revisor inserts
10date].".
AB133-ASA1-AA2,143,1713
46.27
(7) (cj) 3. e. The county department or aging unit determines that
14placement in the community-based residential facility is cost-effective compared to
15other options, including home care and nursing home care.
In making that
16determination, the county shall consider all state and federal funds needed for all
17options considered.
AB133-ASA1-AA2,143,2419
46.27
(7) (ck) 1. Subject to the approval of the department,
and except as
20provided in sub. (3) (f), a county may establish and implement more restrictive
21conditions than those imposed under par. (cj) on the use of funds received under par.
22(b) for the provision of services to a person in a community-based residential facility.
23A county that establishes more restrictive conditions under this subdivision shall
24include the conditions in its community options plan under sub. (3) (cm).
AB133-ASA1-AA2,144,52
46.27
(7) (cm) 1. (intro.) Beginning on January 1, 1996, no county, private
3nonprofit agency or aging unit may use funds received under par. (b) to provide
4services in any community-based residential facility that has more than
8 20 beds,
5unless one of the following applies:
AB133-ASA1-AA2,144,129
46.27
(11) (c) 5q. No county department or aging unit may deny services to a
10person under subd. 5n. who refused to have an assessment completed as required
11under subd. 5n. a. before the effective date of this subdivision .... [revisor inserts
12date].".
AB133-ASA1-AA2,144,18
13445. Page 574, line 23: delete "whether or not the person is a private pay
14admittee at the time of admission." and substitute "
whether or not the person is a
15private pay admittee at the time of admission. except that a person seeking
16admission or about to be admitted on a private pay basis may waive the assessment,
17unless the person will be eligible for medical assistance within 6 months of
18assessment.".
AB133-ASA1-AA2,144,24
19446. Page 576, line 3: delete "whether or not the person is a private pay
20admittee at the time of admission." and substitute "
whether or not the person is a
21private pay admittee at the time of admission. except that a person seeking
22admission or about to be admitted on a private pay basis may waive the assessment,
23unless the person will be eligible for medical assistance within 6 months of
24assessment.".
AB133-ASA1-AA2,145,5
1447. Page 594, line 9: after "supervision." insert "A resource center need not
2provide a financial screen for a person seeking admission or about to be admitted on
3a private pay basis who waives the requirement for a financial screen under this
4paragraph, unless the person will be eligible for medical assistance within 6 months
5after performance of the financial screen.".
AB133-ASA1-AA2,145,1816
48.02
(17) "Shelter care facility" means a nonsecure place of temporary care
17and physical custody for children, including a holdover room, licensed by the
18department under s. 48.66 (1)
(a).".
AB133-ASA1-AA2,146,1721
48.20
(8) If a child is held in custody, the intake worker shall notify the child's
22parent, guardian and legal custodian of the reasons for holding the child in custody
23and of the child's whereabouts unless there is reason to believe that notice would
1present imminent danger to the child. The parent, guardian and legal custodian
2shall also be notified of the time and place of the detention hearing required under
3s. 48.21, the nature and possible consequences of that hearing,
the right to counsel
4under s. 48.23 regardless of ability to pay and the right to present and cross-examine
5witnesses at the hearing. If the parent, guardian or legal custodian is not
6immediately available, the intake worker or another person designated by the court
7shall provide notice as soon as possible. When the child is 12 years of age or older,
8the child shall receive the same notice about the detention hearing as the parent,
9guardian or legal custodian. The intake worker shall notify both the child and the
10child's parent, guardian or legal custodian. When the child is an expectant mother
11who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., the unborn child,
12through the unborn child's guardian ad litem, shall receive the same notice about the
13whereabouts of the child expectant mother, about the reasons for holding the child
14expectant mother in custody and about the detention hearing as the child expectant
15mother and her parent, guardian or legal custodian. The intake worker shall notify
16the child expectant mother, her parent, guardian or legal custodian and the unborn
17child, by the unborn child's guardian ad litem.
AB133-ASA1-AA2,146,2419
48.21
(3) (d) Prior to the commencement of the hearing, the parent, guardian
20or legal custodian shall be informed by the court of the allegations that have been
21made or may be made, the nature and possible consequences of this hearing as
22compared to possible future hearings,
the right to counsel under s. 48.23 regardless
23of ability to pay, the right to confront and cross-examine witnesses and the right to
24present witnesses.
AB133-ASA1-AA2,147,123
48.23
(2) (a) Whenever a child is
alleged to be in need of protection or services
4under s. 48.13 or is the subject of a proceeding involving a contested adoption or the
5involuntary termination of parental rights, any parent under 18 years of age who
6appears before the court shall be represented by counsel; but no such parent may
7waive counsel. A minor parent petitioning for the voluntary termination of parental
8rights shall be represented by a guardian ad litem. If a proceeding involves a
9contested adoption or the involuntary termination of parental rights, any parent 18
10years old or older who appears before the court shall be represented by counsel; but
11the parent may waive counsel provided the court is satisfied such waiver is
12knowingly and voluntarily made.
AB133-ASA1-AA2,147,2214
48.23
(2) (b) If a petition under s. 48.13 is contested, no child may be placed
15outside his or her home unless the nonpetitioning parent is represented by counsel
16at the fact-finding hearing and subsequent proceedings. If the petition is not
17contested, the child may not be placed outside his or her home unless the
18nonpetitioning parent is represented by counsel at the hearing at which the
19placement is made. A parent who is required under this paragraph to be represented
20by counsel may, however, waive counsel if the court is satisfied that such waiver is
21knowingly and voluntarily made, and the court may place the child outside the home
22even though the parent was not represented by counsel.
AB133-ASA1-AA2,148,324
48.23
(3) Power of the court to appoint counsel. Except in proceedings under
25s. 48.13, at At any time, upon request or on its own motion, the court may appoint
1counsel for the child or any party, unless the child or the party has or wishes to retain
2counsel of his or her own choosing.
The court may not appoint counsel for any party
3other than the child in a proceeding under s. 48.13.
AB133-ASA1-AA2,149,25
48.23
(4) Providing counsel. In any situation under this section in which a
6person child has a right to be represented by counsel or is provided counsel at the
7discretion of the court and counsel is not knowingly and voluntarily waived, the court
8shall refer the
person child to the state public defender and counsel shall be
9appointed by the state public defender under s. 977.08 without a determination of
10indigency. If the referral is of a
person child who has filed a petition under s. 48.375
11(7), the state public defender shall appoint counsel within 24 hours after that
12referral. Any counsel appointed in a petition filed under s. 48.375 (7) shall continue
13to represent the child in any appeal brought under s. 809.105 unless the child
14requests substitution of counsel or extenuating circumstances make it impossible for
15counsel to continue to represent the child. In any situation under sub. (2) or (2m) in
16which a parent 18 years of age or over or an adult expectant mother is entitled to
17representation by counsel; counsel is not knowingly and voluntarily waived; and it
18appears that the parent or adult expectant mother is unable to afford counsel in full,
19or the parent or adult expectant mother so indicates; the court shall refer the parent
20or adult expectant mother to the authority for indigency determinations specified
21under s. 977.07 (1). In any other situation under this section in which a person has
22a right to be represented by counsel or is provided counsel at the discretion of the
23court, competent and independent counsel shall be provided and reimbursed in any
24manner suitable to the court regardless of the person's ability to pay, except that the
1court may not order a person who files a petition under s. 813.122 or 813.125 to
2reimburse counsel for the child who is named as the respondent in that petition.".
AB133-ASA1-AA2,149,65
48.27
(4) (a) 2. Advise the child
and any other party, if applicable, of his or her
6right to legal counsel regardless of ability to pay.".
AB133-ASA1-AA2,149,119
48.48
(9) To license foster homes or treatment foster homes as provided in s.
1048.66 (1)
(a) for its own use or for the use of licensed child welfare agencies or, if
11requested to do so, for the use of county departments.
AB133-ASA1-AA2,149,1313
48.48
(9m) To license shelter care facilities as provided in s. 48.66 (1)
(a).
AB133-ASA1-AA2,149,1615
48.48
(10) To license child welfare agencies and day care centers as provided
16in s. 48.66 (1)
(a).".
