SB55-ASA1-AA1,415,86
46.278
(3) (a) Evaluate the effect of
the each program on medical assistance
7costs and on the program's ability to provide community care alternatives to
8institutional care in facilities certified as medical assistance providers.
SB55-ASA1-AA1,415,1610
46.278
(4) (a) Sections 46.27 (3) (b) and 46.275 (3) (a) and (c) to (e) apply to
11county participation in
this a program, except that services provided in the program
12shall substitute for care provided a person in an intermediate care facility for the
13mentally retarded
or brain injury rehabilitation facility who meets the intermediate
14care facility for the mentally retarded
or brain injury rehabilitation facility level of
15care requirements for medical assistance reimbursement to that facility rather than
16for care provided at a state center for the developmentally disabled.
SB55-ASA1-AA1,415,2218
46.278
(4) (b) 2. Each county department participating in
the a program shall
19provide home or community-based care to persons eligible under this section, except
20that the number of persons who receive home or community-based care under this
21section may not exceed the number that are approved under
the an applicable waiver
22received under sub. (3).
SB55-ASA1-AA1,416,824
46.278
(5) (a) Any medical assistance recipient who meets the level of care
25requirements for medical assistance reimbursement in an intermediate care facility
1for the mentally retarded
or in a brain injury rehabilitation facility and is ineligible
2for service under s. 46.275 or 46.277 is eligible to participate in
the a program,
except
3that persons eligible for the brain injury waiver program must meet the definition
4of brain injury under s. 51.01 (2g), and except that the number of participants may
5not exceed the number approved under the waiver received under sub. (3). Such a
6recipient may apply, or any person may apply on behalf of such a recipient, for
7participation in
the a program. Section 46.275 (4) (b) applies to participation in
the 8a program.
SB55-ASA1-AA1,416,169(b) To the extent authorized under
42 USC 1396n, if a person discontinues
10participation in
the a program, a medical assistance recipient may participate in
the 11a program in place of the participant who discontinues if that recipient meets the
12intermediate care facility for the mentally retarded level of care requirements for
13medical assistance reimbursement in an intermediate care facility for the mentally
14retarded except that the number of participants concurrently served may not exceed
15the number approved under the waiver received under sub. (3) requirements under
16par. (a).
SB55-ASA1-AA1,416,1918
46.278
(6) (a) The provisions of s. 46.275 (5) (a), (b) and (d) apply to funding
19received by counties under the
program programs.
SB55-ASA1-AA1,416,2120
(b) Total funding to counties for relocating each person under
the a program
21may not exceed the amount approved in the waiver received under sub. (3).
SB55-ASA1-AA1,416,2322
(c) Funding may be provided under
the a program for services of a family
23consortium.".
SB55-ASA1-AA1,417,53
46.278
(6) (e) 1. The department may provide enhanced reimbursement for
4services under the
community integration program for an individual who was
5relocated to the community by a county department from one of the following:
SB55-ASA1-AA1,417,117
46.278
(6) (f) If a county owns the institution or intermediate care facility for
8the mentally retarded from which an individual is relocated to the community under
9this section, in order to receive funding under the
community integration program,
10the county shall submit a plan for delicensing a bed of the institution or intermediate
11care facility for the mentally retarded that is approved by the department.".
SB55-ASA1-AA1,417,17
1446.34 Emission standards for hazardous air contaminants. The
15department may assist the department of
natural resources environmental
16management in the development of emission standards for hazardous air
17contaminants under s. 285.27 (2) (b).".
SB55-ASA1-AA1,418,1521
46.45 (2) (a) If on December 31 of any year there remains unspent or
22unencumbered in the allocation under s. 46.40 (2) an amount that exceeds the
23amount received under
42 USC 670 to
679a and allocated under s. 46.40 (2) in that
24year, the department shall carry forward the excess moneys and distribute not less
1than 50% of the excess moneys to counties having a population of less than 500,000
2that are making a good faith effort, as determined by the department, to comply with
3s. 46.22 (1) (c) 8. f. for services and projects to assist children and families,
4notwithstanding the percentage limit specified in sub. (3) (a). A county shall use not
5less than 50% of the moneys distributed to the county under this subsection for
6services for children who are at risk of abuse or neglect to prevent the need for child
7abuse and neglect intervention services
, except that in the calendar year in which
8a county achieves compliance with s. 46.22 (1) (c) 8. f. and in the 2 calendar years after
9that calendar year the county may use 100% of the moneys distributed under this
10paragraph to reimburse the department for the costs of achieving that compliance.
11If a county does not comply with s. 46.22 (1) (c) 8. f. before July 1, 2005, the
12department may recover any amounts distributed to that county under this
13paragraph after June 30, 2001, by billing the county or deducting from that county's
14allocation under s. 46.40 (2).
All moneys received by the department under this
15paragraph shall be credited to the appropriation account under s. 20.435 (3) (j).".
SB55-ASA1-AA1,418,2218
49.45
(39) (a) 1. "School" means a public school described under s. 115.01 (1),
19a charter school, as defined in s. 115.001 (1), the Wisconsin Center for the Blind and
20Visually Impaired
, or the Wisconsin
School Educational Services Program for the
21Deaf
and Hard of Hearing. It includes school-operated early childhood programs for
22developmentally delayed and disabled 4-year-old and 5-year-old children.
SB55-ASA1-AA1,419,13
149.45
(39) (am)
Plan amendment. No later than September 30, 1995, the
2department shall submit to the federal department of health and human services an
3amendment to the state medical assistance plan to permit the application of pars. (b)
4and (c). If the amendment to the state plan is approved, school districts, cooperative
5educational service agencies
, and the department of public instruction on behalf of
6the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin
School 7Educational Services Program for the Deaf
and Hard of Hearing claim
8reimbursement under pars. (b) and (c). Paragraphs (b) and (c) do not apply unless
9the amendment to the state plan is approved and in effect. The department shall
10submit to the federal department of health and human services an amendment to the
11state plan if necessary to permit the application of pars. (b) and (c) to the Wisconsin
12Center for the Blind and Visually Impaired and the Wisconsin
School Educational
13Services Program for the Deaf
and Hard of Hearing.
SB55-ASA1-AA1,420,2315
49.45
(39) (b)
School medical services. 1. `Payment for school medical services.'
16If a school district or a cooperative educational service agency elects to provide school
17medical services and meets all requirements under par. (c), the department shall
18reimburse the school district or the cooperative educational service agency for 60%
19of the federal share of allowable charges for the school medical services that it
20provides and, as specified in subd. 2., for allowable administrative costs. If the
21Wisconsin Center for the Blind and Visually Impaired or the Wisconsin
School 22Educational Services Program for the Deaf
and Hard of Hearing elects to provide
23school medical services and meets all requirements under par. (c), the department
24shall reimburse the department of public instruction for 60% of the federal share of
25allowable charges for the school medical services that the Wisconsin Center for the
1Blind and Visually Impaired or the Wisconsin
School Educational Services Program 2for the Deaf
and Hard of Hearing provides and, as specified in subd. 2., for allowable
3administrative costs. A school district, cooperative educational service agency, the
4Wisconsin Center for the Blind and Visually Impaired or the Wisconsin
School 5Educational Services Program for the Deaf
and Hard of Hearing may submit, and
6the department shall allow, claims for common carrier transportation costs as a
7school medical service unless the department receives notice from the federal health
8care financing administration that, under a change in federal policy, the claims are
9not allowed. If the department receives the notice, a school district, cooperative
10educational service agency, the Wisconsin Center for the Blind and Visually
11Impaired
, or the Wisconsin
School
Educational Services Program for the Deaf
and
12Hard of Hearing may submit, and the department shall allow, unreimbursed claims
13for common carrier transportation costs incurred before the date of the change in
14federal policy. The department shall promulgate rules establishing a methodology
15for making reimbursements under this paragraph. All other expenses for the school
16medical services provided by a school district or a cooperative educational service
17agency shall be paid for by the school district or the cooperative educational service
18agency with funds received from state or local taxes. The school district, the
19Wisconsin Center for the Blind and Visually Impaired, the Wisconsin
School 20Educational Services Program for the Deaf
and Hard of Hearing, or the cooperative
21educational service agency shall comply with all requirements of the federal
22department of health and human services for receiving federal financial
23participation.
SB55-ASA1-AA1,421,824
2. `Payment for school medical services administrative costs.' The department
25shall reimburse a school district or a cooperative educational service agency specified
1under subd. 1. and shall reimburse the department of public instruction on behalf
2of the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin
School 3Educational Services Program for the Deaf
and Hard of Hearing for 90% of the
4federal share of allowable administrative costs, using time studies, beginning in
5fiscal year 1999-2000. A school district or a cooperative
education educational 6service agency may submit, and the department of health and family services shall
7allow, claims for administrative costs incurred during the period that is up to 24
8months before the date of the claim, if allowable under federal law.".
SB55-ASA1-AA1,421,17
1646.72 Neighborhood organization incubator grants. (1) Definitions. In
17this section:
SB55-ASA1-AA1,421,1918
(a) "Agency" means a private nonprofit or public organization that is
19community based.
SB55-ASA1-AA1,421,2220
(b) "Neighborhood organization" means a private nonprofit organization that
21is community based and that provides any of the following services or programs
22primarily to residents of the area in which the organization is located:
SB55-ASA1-AA1,421,2323
1. Crime prevention programs.
SB55-ASA1-AA1,421,2424
2. After-school and recreational programs for youth.
SB55-ASA1-AA1,422,1
13. Child abuse and domestic abuse prevention services.
SB55-ASA1-AA1,422,22
4. Alcohol and other drug abuse counseling and prevention services.
SB55-ASA1-AA1,422,33
5. Programs for diversion of youth from gang activities.
SB55-ASA1-AA1,422,44
6. Inmate and ex-offender rehabilitation or aftercare services.
SB55-ASA1-AA1,422,8
5(2) Grants. From the appropriation under s. 20.435 (3) (ft), the department
6shall award grants to agencies to enable them to provide services described under
7sub. (3) to neighborhood organizations. An agency application for a grant shall
8contain a plan detailing the proposed use of the grant.
SB55-ASA1-AA1,422,10
9(3) Requirements for grant recipients. An agency receiving a grant under
10this section shall do all of the following:
SB55-ASA1-AA1,422,1311
(a) Provide information to neighborhood organizations about funding and other
12assistance that may be available to neighborhood organizations from private and
13public entities.
SB55-ASA1-AA1,422,1514
(b) Assist neighborhood organizations in obtaining funding and other
15assistance from public and private entities.
SB55-ASA1-AA1,422,1716
(c) Act as a liaison between neighborhood organizations and public and private
17entities.
SB55-ASA1-AA1,422,1918
(d) Provide appropriate training and professional development services to
19members of neighborhood organizations.
SB55-ASA1-AA1,422,2120
(e) Engage in outreach to neighborhood organizations to inform them of the
21services available from the agency.
SB55-ASA1-AA1,422,2322
(f) Undertake other activities that will increase the effectiveness and facilitate
23the development of neighborhood organizations.
SB55-ASA1-AA1,423,3
1(4) Report. An agency receiving a grant under this section shall submit to the
2department within 90 days after spending the full amount of the grant a report
3detailing the actual use of the proceeds of the grant.
SB55-ASA1-AA1,423,4
4(5) Sunset. This section does not apply after June 30, 2005.".
SB55-ASA1-AA1,423,7
6"
Section 1578. 48.21 (5) (b) of the statutes is renumbered 48.21 (5) (b) (intro.)
7and amended to read:
SB55-ASA1-AA1,423,98
48.21
(5) (b) (intro.) An order relating to a child held in custody outside of his
9or her home shall also
describe include all of the following:
SB55-ASA1-AA1,423,13
101. A description of any efforts that were made to permit the child to remain
11safely at home and the services that are needed to ensure the child's well-being, to
12enable the child to return safely to his or her home
, and to involve the parents in
13planning for the child.
SB55-ASA1-AA1,423,2015
48.21
(5) (b) 2. If the child is held in custody outside the home in a placement
16recommended by the intake worker, a statement that the court approves the
17placement recommended by the intake worker or, if the child is placed outside the
18home in a placement other than a placement recommended by the intake worker, a
19statement that the court has given bona fide consideration to the recommendations
20made by the intake worker and all parties relating to the placement of the child.".
SB55-ASA1-AA1,424,3
148.02
(15) "Relative" means a parent, grandparent,
greatgrandparent, 2stepparent, brother, sister, first cousin, nephew, niece, uncle
, or aunt. This
3relationship shall be by blood, marriage
, or adoption.".
SB55-ASA1-AA1,424,116
48.355
(2) (b) 6m. If the child is placed outside the home in a placement
7recommended by the agency designated under s. 48.33 (1), a statement that the court
8approves the placement recommended by the agency or, if the child is placed outside
9the home in a placement other than a placement recommended by that agency, a
10statement that the court has given bona fide consideration to the recommendations
11made by the agency and all parties relating to the child's placement.
SB55-ASA1-AA1,424,2013
48.357
(2v) If a hearing is held under sub. (1) or (2m) and the change in
14placement would place the child outside the home in a placement recommended by
15the person or agency primarily responsible for implementing the dispositional order,
16the change in placement order shall include a statement that the court approves the
17placement recommended by that person or agency or, if the child is placed outside the
18home in a placement other than a placement recommended by that person or agency,
19a statement that the court has given bona fide consideration to the recommendations
20made by that person or agency and all parties relating to the child's placement.".
SB55-ASA1-AA1,425,523
48.38
(2) Permanency plan required. (intro.) Except as provided in sub. (3),
24for each child living in a foster home, treatment foster home, group home,
1child-caring institution, secure detention facility
, or shelter care facility
or in the
2home of a relative, the agency that placed the child or arranged the placement or the
3agency assigned primary responsibility for providing services to the child under s.
448.355 shall prepare a written permanency plan, if one of the following conditions
5exists:
SB55-ASA1-AA1,425,117
48.38
(4) (f) (intro.) The services that will be provided to the child, the child's
8family
, and the child's foster parent, the child's treatment foster parent
or, the
9operator of the facility where the child is living
, or the relative with whom the child
10is living to carry out the dispositional order, including services planned to accomplish
11all of the following:
SB55-ASA1-AA1,425,2313
48.38
(5) (a) The court or a panel appointed under this paragraph shall review
14the permanency plan every 6 months from the date on which the child was first held
15in physical custody or placed outside of his or her home
under a court order. If the
16court elects not to review the permanency plan, the court shall appoint a panel to
17review the permanency plan. The panel shall consist of 3 persons who are either
18designated by an independent agency that has been approved by the chief judge of
19the judicial administrative district or designated by the agency that prepared the
20permanency plan. A voting majority of persons on each panel shall be persons who
21are not employed by the agency that prepared the permanency plan and who are not
22responsible for providing services to the child or the parents of the child whose
23permanency plan is the subject of the review.
SB55-ASA1-AA1,426,14
148.38
(5) (b) The court or the agency shall notify the parents of the child, the
2child if he or she is 12 years of age or older
, and the child's foster parent, the child's
3treatment foster parent
or, the operator of the facility in which the child is living
, or
4the relative with whom the child is living of the date, time
, and place of the review,
5of the issues to be determined as part of the review,
and of the fact that they may have
6an opportunity to be heard at the review by submitting written comments not less
7than 10 working days before the review or by participating at the review. The court
8or agency shall notify the person representing the interests of the public, the child's
9counsel, the child's guardian ad litem
, and the child's court-appointed special
10advocate of the date of the review, of the issues to be determined as part of the review
, 11and of the fact that they may submit written comments not less than 10 working days
12before the review. The notices under this paragraph shall be provided in writing not
13less than 30 days before the review and copies of the notices shall be filed in the child's
14case record.".
SB55-ASA1-AA1,427,818
48.62
(2) A relative
, as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a)
, 19or a guardian of a child, who provides care and maintenance for a child, is not
20required to obtain the license specified in this section. The department,
a county
21department
, or
a licensed child welfare agency as provided in s. 48.75
may shall issue
22a license to operate a foster home or a treatment foster home to a relative who has
23no duty of support under s. 49.90 (1) (a) and who requests a license to operate a foster
24home or treatment foster home for a specific child who is either placed by court order
1or who is the subject of a voluntary placement agreement under s. 48.63. The
2department, a county department
, or a licensed child welfare agency
may shall, at
3the request of a guardian appointed under s. 48.977 or 48.978 or ch. 880, license the
4guardian's home as a foster home or treatment foster home for the guardian's minor
5ward who is living in the home and who is placed in the home by court order.
6Relatives with no duty of support and guardians appointed under s. 48.977 or 48.978
7or ch. 880 who are licensed to operate foster homes or treatment foster homes are
8subject to the department's licensing rules.".
SB55-ASA1-AA1,428,3
1148.67 Rules governing child welfare agencies, day care centers, foster
12homes, treatment foster homes, group homes, shelter care facilities and
13county departments. The department shall promulgate rules establishing
14minimum requirements for the issuance of licenses to, and establishing standards
15for the operation of, child welfare agencies, day care centers, foster homes, treatment
16foster homes, group homes, shelter care facilities
, and county departments. These
17rules shall be designed to protect and promote the health, safety
, and welfare of the
18children in the care of all licensees. The department shall consult with the
19department of commerce and the department of public instruction before
20promulgating these rules.
In establishing the minimum requirements for the
21issuance of licenses to day care centers that provide care and supervision for children
22under one year of age, the department shall include a requirement that all licensees
23who are individuals and all employees and volunteers of a licensee who provide care
24and supervision for children receive, before the date on which the license is issued
1or the employment or volunteer work commences, whichever is applicable, training
2in the most current medically accepted methods of preventing sudden infant death
3syndrome.".