Amendment ASA1-SB55

SB55-ASA1, s. 924 Section 924. 46.286 (1) (a) 2. (intro.) of the statutes is amended to read:

SB55-ASA1,569,15 46.286 (1) (a) 2. (intro.) The person has a condition that is expected to last at least 90 days or result in death within 12 months after the date of application but that does not meet the level specified under subd. 1. a. or b.; the person first applies for eligibility for the family care benefit within 36 months after the date on which the family care benefit is initially available in the person's county residence; and, on the date that the family care benefit became available in the person's county of residence, the person was a resident in a nursing home or had been receiving for at least 60 days, under a written plan of care, long-term care services, as specified by the department, that were funded under any of the following:

SB55-ASA1, s. 925 Section 925. 46.286 (1m) of the statutes is amended to read:

SB55-ASA1,569,22 46.286 (1m) Eligibility exception. A person whose primary disabling condition is developmental disability is eligible for the family care benefit if the person is a resident of a county or is a member of a tribe or band that has operated, before July 1, 2001 2003, a care management organization under s. 46.281 (1) (d), is at least 18 years of age and meets all other eligibility criteria under this subsection sub. (1) (a) and (b).

SB55-ASA1, s. 926 Section 926. 46.286 (3) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,570,5 46.286 (3) (a) (intro.) Subject to pars. (c) and (d), a person is entitled to and may receive the family care benefit through enrollment in a care management organization if, except as provided in subd. 5., he or she meets the requirements of sub. (1) (intro.) is at least 18 years of age, has a physical disability, as defined in s. 15.197 (4) (a) 2., or infirmities of aging, as defined in s. 55.01 (3), is financially eligible, fulfills any applicable cost-sharing requirements and meets any of the following criteria:

SB55-ASA1, s. 927 Section 927. 46.286 (3) (a) 6. of the statutes is created to read:

SB55-ASA1,570,8 46.286 (3) (a) 6. Is functionally eligible at the intermediate level and meets all of the following criteria:

SB55-ASA1,570,13 a. On the date on which the family care benefit is initially available in the person's county of residence, is a resident in a nursing home or has been receiving for at least 60 days, under a written plan of care, long-term care services, as specified by the department, which are funded as specified under sub. (1) (a) 2. a., b., c., d., or e.

SB55-ASA1,570,15 b. Enrolls within 36 months after the date on which the family care benefit is initially available in the person's county of residence.

SB55-ASA1, s. 928 Section 928. 46.286 (3) (d) of the statutes is amended to read:

SB55-ASA1,570,22 46.286 (3) (d) The department shall determine the date, which shall not be later than July 1, 2000 January 1, 2004, on which par. (a) shall first apply to persons who are not eligible for medical assistance under ch. 49. Before the date determined by the department, persons who are not eligible for medical assistance may receive the family care benefit within the limits of state funds appropriated for this purpose and available federal funds.

SB55-ASA1, s. 1553b Section 1553b. 46.29 (1) (f) of the statutes is repealed.

SB55-ASA1, s. 1553t Section 1553t. 46.40 (1) (a) of the statutes is amended to read:

SB55-ASA1,571,6 46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o), the department shall distribute funds for community social, mental health, developmental disabilities, and alcohol and other drug abuse services and for services under ss. 46.51, 46.87, 46.985, and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437 and to county aging units, as provided in subs. (2), (2m), and (7) to (9).

SB55-ASA1, s. 1554d Section 1554d. 46.40 (2) of the statutes is amended to read:

SB55-ASA1,571,11 46.40 (2) Basic county allocation. Subject to sub. (9), for social services under s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not more than $284,978,800 $244,745,200 for fiscal year 1999-2000 2001-02 and $285,511,800 $244,703,400 for fiscal year 2000-01 2002-03.

SB55-ASA1, s. 929 Section 929. 46.40 (2m) (a) of the statutes is amended to read:

SB55-ASA1,571,16 46.40 (2m) (a) Prevention and treatment of substance abuse. For prevention and treatment of substance abuse under 42 USC 300x-21 to 300x-35, the department shall distribute not more than $11,318,700 $9,735,700 in each fiscal year.

SB55-ASA1, s. 1555w Section 1555w. 46.40 (7) of the statutes is amended to read:

SB55-ASA1,571,21 46.40 (7) Family support allocation. For family support programs for the families of disabled children under s. 46.985, the department shall distribute not more than $4,339,800 $4,589,800 in each fiscal year 2001-02 and not more than $5,089,800 in fiscal year 2002-03 and in each fiscal year thereafter.

SB55-ASA1, s. 930 Section 930. 46.40 (8) of the statutes is amended to read:

SB55-ASA1,572,2 46.40 (8) Alzheimer's family and caregiver support allocation. Subject to sub. (9), for services to persons with Alzheimer's disease and their caregivers under s. 46.87, the department shall distribute not more than $1,993,400 for fiscal year 1999-2000 and $2,226,300 for fiscal year 2000-01 $2,342,800 in each fiscal year.

SB55-ASA1, s. 1557j Section 1557j. 46.46 (1) of the statutes is renumbered 46.46 and amended to read:

SB55-ASA1,572,10 46.46 Expenditure of income augmentation services receipts. From the appropriation account under s. 20.435 (8) (mb), the department shall support costs that are exclusively related to the operational costs of augmenting the amount of moneys received under 42 USC 670 to 679a, 42 USC 1395 to 1395ddd, and 42 USC 1396 to 1396v. In addition, the department may expend moneys from the appropriation account under s. 20.435 (8) (mb) as provided in sub. (2).

SB55-ASA1, s. 1557k Section 1557k. 46.46 (2) of the statutes is repealed.

SB55-ASA1, s. 931 Section 931. 46.48 (10) of the statutes is repealed.

SB55-ASA1, s. 932 Section 932. 46.48 (30) (a) of the statutes is amended to read:

SB55-ASA1,573,3 46.48 (30) (a) From the appropriation under s. 20.435 (7) (bc), the department shall distribute up to $6,000,000 annually as grants on a competitive basis to county departments of social services and to private nonprofit organizations, as defined in s. 103.21 (2), for the provision of alcohol and other drug abuse treatment services in counties with a population of 500,000 or more. Grants distributed under this subsection may be used only to provide treatment for alcohol and other drug abuse to individuals who are eligible for federal temporary assistance for needy families under 42 USC 601 et. seq. and who have a family income of not more than 200% of the poverty line, as defined in s. 49.001 (5). At least $2,000,000 annually in funding for grants awarded under this paragraph shall be awarded to Milwaukee County or to a private nonprofit organization within Milwaukee County, and the remainder shall be awarded, based on the statewide distribution of individuals who have a family income of not more than 200% of the poverty line, to counties, including Milwaukee County, and to private nonprofit organizations, including private nonprofit organizations within Milwaukee County.

SB55-ASA1, s. 1559t Section 1559t. 46.495 (1) (am) of the statutes is amended to read:

SB55-ASA1,573,9 46.495 (1) (am) The department shall reimburse each county from the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o) for social services as approved by the department under ss. 46.215 (1), (2) (c) 1., and (3) and 46.22 (1) (b) 1. d. and (e) 3. a. except that no reimbursement may be made for the administration of or aid granted under s. 49.02.

SB55-ASA1, s. 1560d Section 1560d. 46.495 (1) (d) of the statutes is amended to read:

SB55-ASA1,574,4 46.495 (1) (d) From the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22, and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (8), and (9) (b). Each county's required match for the distributions under s. 46.40 (2) and (8) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (2) and (8) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

SB55-ASA1, s. 933 Section 933. 46.52 of the statutes is amended to read:

SB55-ASA1,574,22 46.52 Systems change grants. From the appropriation under s. 20.435 (7) (md), the department may not distribute more than $350,000 in each fiscal year to counties to assist in relocating individuals with mental illness from institutional or residential care to less restrictive and more cost-effective community settings and services. The department shall distribute funds to each grant recipient under this section so as to permit initial phasing in of community services recovery-oriented system changes, prevention and early intervention strategies, and consumer and family involvement for individuals with mental illness who are relocated or diverted from institutional or residential care and. At least 10% of the funds distributed shall be for children with mental illness. The department shall eliminate the funding for a recipient at the end of a period of not more than 5 3 years in order to provide funding to benefit another county recipient. The department shall require that the community services that are developed under this section are continued, following termination of a county's funding under this section, by use of funding savings made available to the county from reduced institutional and residential care utilization from incorporating recovery, prevention and early intervention strategies, and consumer and family involvement in the services.

SB55-ASA1, s. 1562d Section 1562d. 46.54 of the statutes is amended to read:

SB55-ASA1,575,4 46.54 Consumer and family self-help and peer-support programs. From the appropriation under s. 20.435 (7) (md), the department may not distribute more than $480,000 $874,000 in each fiscal year to increase support for mental health family support projects, employment projects operated by consumers of mental health services, mental health crisis intervention and drop-in projects, and public mental health information activities.

SB55-ASA1, s. 1568d Section 1568d. 46.86 (6) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,575,13 46.86 (6) (a) (intro.) From the appropriation under s. 20.435 (7) (md), the department may award not more than $1,167,900 in each fiscal year up to $1,369,000 in fiscal year 2001-02 and up to $1,330,800 in fiscal year 2002-03 and in each fiscal year thereafter, and from the appropriation under s. 20.435 (6) (gb), the department may award not more than $231,300 in fiscal year 2001-02 and not more than $319,500 in fiscal year 2002-03 and in each fiscal year thereafter, as grants to counties and private entities to provide community-based alcohol and other drug abuse treatment programs that do all of the following:

SB55-ASA1, s. 1568m Section 1568m. 46.87 (2) of the statutes is amended to read:

SB55-ASA1,575,18 46.87 (2) From the appropriations under s. 20.435 (7) (b), (kw) and (o), the department shall allocate funds to agencies designated under sub. (3) (c), to be used for the administration and implementation of an Alzheimer's family and caregiver support program for persons with Alzheimer's disease and their caregivers.

SB55-ASA1, s. 934 Section 934. 46.93 (1m) (b) of the statutes is amended to read:

SB55-ASA1,575,21 46.93 (1m) (b) "Board" means the adolescent pregnancy prevention and pregnancy services board under s. 15.195 (5).

SB55-ASA1, s. 935 Section 935. 46.93 (2) (intro.) of the statutes is amended to read:

SB55-ASA1,576,3 46.93 (2) Purpose; allocation. (intro.) From the appropriation appropriations under s. 20.434 (1) (b) and (ky), the board shall award not more than $439,300 in each fiscal year for grants to organizations to provide adolescent pregnancy prevention programs or pregnancy services that include health care, education, counseling, and vocational training. Types of services and programs that are eligible for grants include all of the following:

SB55-ASA1, s. 936 Section 936. 46.93 (2m) (a) of the statutes is amended to read:

SB55-ASA1,576,9 46.93 (2m) (a) Each organization that receives a grant under this section shall provide matching funds equal to 20% of the grant amount awarded. The match may be in the form of money or in-kind services or both, but any moneys used by an organization toward a match may not include moneys received from the state or federal government.

SB55-ASA1, s. 937 Section 937. 46.93 (3) of the statutes is amended to read:

SB55-ASA1,576,13 46.93 (3) Staff and salaries. The salaries of the board staff and all actual and necessary operating expenses of the board shall be paid from the appropriation appropriations under s. 20.434 (1) (a) and (kp).

SB55-ASA1, s. 1574b Section 1574b. 46.972 (4) of the statutes is repealed.

SB55-ASA1, s. 1574p Section 1574p. 46.985 (7) (a) of the statutes is amended to read:

SB55-ASA1,576,18 46.985 (7) (a) From the appropriations under s. 20.435 (7) (b), (kw) and (o), the department shall allocate to county departments funds for the administration and implementation of the program.

SB55-ASA1, s. 1574v Section 1574v. 46.986 (2) (b) 2. (intro.) of the statutes is amended to read:

SB55-ASA1,576,23 46.986 (2) (b) 2. (intro.) Solicit applications from and, using the criteria under subd. 1., award in the 1999-2001 each state fiscal biennium up to one grant in each of the 5 administrative regions prescribed by the department to any of the following to conduct a life-span respite care project:

SB55-ASA1, s. 938 Section 938. 46.99 (2) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,577,7 46.99 (2) (a) (intro.) From the appropriations under s. 20.435 (3) (eg), (km) and (nL), the department, beginning on January 1, 2001, shall distribute $2,125,200 in each fiscal year to applying nonprofit corporations and public agencies operating in a county having a population of 500,000 or more and $1,229,300 $1,199,300 in each fiscal year to applying county departments under s. 46.22, 46.23, 51.42 or 51.437 operating in counties other than a county having a population of 500,000 or more to provide programs to accomplish all of the following:

SB55-ASA1, s. 939 Section 939. 46.995 (1m) of the statutes is amended to read:

SB55-ASA1,577,13 46.995 (1m) Tribal adolescent services allocations. From the appropriation account under s. 20.435 (3) (km), the department may allocate $172,500 $195,000 in each fiscal year and, from the appropriation account under s. 20.435 (3) (eg), the department may allocate $7,500 $15,000 in each fiscal year to provide the grants specified in subs. (2), (3) (b) and (4m) (b).

SB55-ASA1, s. 940 Section 940. 46.995 (4m) (b) (intro.) of the statutes is amended to read:

SB55-ASA1,577,21 46.995 (4m) (b) (intro.) From the allocations under sub. (1m), the department may provide a grant annually in the amount of $30,000 $60,000 to the elected governing body of a federally recognized American Indian tribe or band for the provision of information to members of the tribe or band in order to increase community knowledge about problems of adolescents and information to and activities for adolescents, particularly female adolescents, in order to enable the adolescents to develop skills with respect to all of the following:

SB55-ASA1, s. 941 Section 941. 48.315 (1) (h) of the statutes is created to read:

SB55-ASA1,577,24 48.315 (1) (h) Any period of delay resulting from the need to appoint a qualified interpreter.

SB55-ASA1, s. 942 Section 942. 48.366 (8) of the statutes is amended to read:

SB55-ASA1,578,12 48.366 (8) Transfer to or between facilities. The department of corrections may transfer a person subject to an order between secured correctional facilities. After the person attains the age of 17 years, the department of corrections may place the person in a state prison named in s. 302.01. If the person is 15 years of age or over, the department of corrections may transfer the person to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). If the department of corrections places a person subject to an order under this section in a state prison, that department shall provide services for that person from the appropriate appropriation under s. 20.410 (1). The department of corrections may transfer a person placed in a state prison under this subsection to or between state prisons named in s. 302.01 without petitioning for revision of the order under sub. (5) (a).

SB55-ASA1, s. 943 Section 943. 48.375 (7) (d) 1m. of the statutes is amended to read:

SB55-ASA1,579,6 48.375 (7) (d) 1m. Except as provided under s. 48.315 (1) (b), (c) and, (f), and (h), if the court fails to comply with the time limits specified under subd. 1. without the prior consent of the minor and the minor's counsel, if any, or the member of the clergy who filed the petition on behalf of the minor, if any, the minor and the minor's counsel, if any, or the member of the clergy, if any, shall select a temporary reserve judge, as defined in s. 753.075 (1) (b), to make the determination under par. (c) and issue an order granting or denying the petition and the chief judge of the judicial administrative district in which the court is located shall assign the temporary reserve judge selected by the minor and the minor's counsel, if any, or the member of the clergy, if any, to make the determination and issue the order. A temporary reserve judge assigned under this subdivision to make a determination under par. (c) and issue an order granting or denying a petition shall make the determination and issue the order within 2 calendar days after the assignment, unless the minor and her counsel, if any, or the member of the clergy who filed the petition on behalf of the minor, if any, consent to an extension of that time period. The order shall be effective immediately. The court shall prepare and file with the clerk of court findings of fact, conclusions of law and a final order granting or denying the petition, and shall notify the minor of the court's order, as provided under subd. 1.

SB55-ASA1, s. 1618r Section 1618r. 48.48 (17) (e) of the statutes is created to read:

SB55-ASA1,579,10 48.48 (17) (e) The department shall promulgate rules regulating the administration of child welfare services in a county having a population of 500,000 or more. Those rules shall include rules providing for all of the following:

SB55-ASA1,579,12 1. The process by which the department contracts for the provision of child welfare services that the department is authorized to provide under this chapter.

SB55-ASA1,579,16 2. Grievance procedures under which any person who is aggrieved by any act or omission of the department, or of a person contracting to provide child welfare services under this chapter, relating to the provision of those services may grieve that act or omission.

SB55-ASA1,579,19 3. Caseload ratios for staff providing direct child welfare services under this chapter, whether employed by the department or by a person contracting to provide child welfare services under this chapter.

SB55-ASA1,579,20 4. Standards for the provision of child welfare services under this chapter.

SB55-ASA1,579,22 5. The use of an open public participation process for the planning, monitoring, and evaluation of child welfare services provided under this chapter.

SB55-ASA1, s. 1619r Section 1619r. 48.55 (1) of the statutes is amended to read:

SB55-ASA1,580,7 48.55 (1) The department shall establish a state adoption information exchange for the purpose of finding adoptive homes for children with special needs who do not have permanent homes and a state adoption center for the purposes of increasing public knowledge of adoption and promoting to adolescents and pregnant women the availability of adoption services. From the appropriation under s. 20.435 (3) (dg), the department may provide not more than $125,000 $163,700 in fiscal year 2001-02 and not more than $171,300 in each fiscal year thereafter as grants to individuals and private agencies to provide adoption information exchange services and to operate the state adoption center.

SB55-ASA1, s. 944 Section 944. 48.561 (3) (a) of the statutes is renumbered 48.561 (3) (a) (intro.) and amended to read:

SB55-ASA1,580,13 48.561 (3) (a) (intro.) A county having a population of 500,000 or more shall contribute $58,893,500 in each state fiscal year for the provision of child welfare services in that county by the department. That contribution shall be made as follows:

SB55-ASA1, s. 945 Section 945. 48.561 (3) (a) 1. of the statutes is created to read:

SB55-ASA1,580,16 48.561 (3) (a) 1. Through a reduction of $37,209,200 from the amount distributed to that county under s. 46.40 (2) in each state fiscal year.

SB55-ASA1, s. 946 Section 946. 48.561 (3) (a) 2. of the statutes is created to read:

SB55-ASA1,580,19 48.561 (3) (a) 2. Through a reduction of $1,583,000 from the amount distributed to that county under s. 46.40 (2m) (a) in each state fiscal year.

SB55-ASA1, s. 947 Section 947. 48.561 (3) (a) 3. of the statutes is created to read:

SB55-ASA1,580,22 48.561 (3) (a) 3. Through a deduction of $20,101,300 from any state payment due that county under s. 79.03, 79.04, 79.058, 79.06, or 79.08 as provided in par. (b).

SB55-ASA1, s. 1624d Section 1624d. 48.561 (3) (b) of the statutes is amended to read:

SB55-ASA1,581,10 48.561 (3) (b) The department of administration shall collect the amount specified in par. (a) 3. from a county having a population of 500,000 or more by deducting all or part of that amount from any state payment due that county under s. 46.40, 79.03, 79.04, 79.058, 79.06, or 79.08. The department of administration shall notify the department of revenue, by September 15 of each year, of the amount to be deducted from the state payments due under s. 79.03, 79.04, 79.058, 79.06, or 79.08. The department of administration shall credit all amounts collected under this paragraph to the appropriation account under s. 20.435 (3) (kw) and shall notify the county from which those amounts are collected of that collection. The department may not expend any moneys from the appropriation account under s. 20.435 (3) (cx) for providing services to children and families under s. 48.48 (17) until the amounts in the appropriation account under s. 20.435 (3) (kw) are exhausted.

SB55-ASA1, s. 948 Section 948. 48.57 (3p) (fm) 2. of the statutes is amended to read:

SB55-ASA1,582,17 48.57 (3p) (fm) 2. A person receiving payments under sub. (3m) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 500,000 or more, the department of health and family services that the employee or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payments under sub. (3m) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 500,000 or more, the department of health and family services receives information from the department of justice indicating that the person's conviction record under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. and the county department so advises or, in a county having a population of 500,000 or more, the department of health and family services and so advises the person receiving payments under sub. (3m) or the department of health and family services so advises that person until a decision is made under par. (h) 4. to permit a person who is receiving payments under sub. (3m) to employ a person in a position in which that person would have regular contact with the child for whom payments are being made or to permit a person to be an adult resident and the county department or, in a county having a population of 500,000 or more, the department of health and family services so advises the person receiving payments under sub. (3m). A person receiving payments under sub. (3m) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 500,000 or more, the department of health and family services that the federal bureau of investigation indicates that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

SB55-ASA1, s. 1629x Section 1629x. 48.57 (3r) of the statutes is created to read:

SB55-ASA1,582,25 48.57 (3r) If the amounts in the appropriation under s. 20.435 (3) (kc) are insufficient to provide payments under sub. (3m) (am) (intro.) or (3n) (am) (intro.) to all persons who are eligible to receive those payments, the department may request the secretary of administration under s. 16.515 to supplement that appropriation for the purpose of increasing funding for those payments. Notwithstanding s. 16.515 (1), the secretary of administration may supplement the appropriation under s. 20.435 (3) (kc) if all of the following occur: