Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,419,13 49.45 (39) (am) Plan amendment. No later than September 30, 1995, the department shall submit to the federal department of health and human services an amendment to the state medical assistance plan to permit the application of pars. (b) and (c). If the amendment to the state plan is approved, school districts, cooperative educational service agencies, and the department of public instruction on behalf of the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing claim reimbursement under pars. (b) and (c). Paragraphs (b) and (c) do not apply unless the amendment to the state plan is approved and in effect. The department shall submit to the federal department of health and human services an amendment to the state plan if necessary to permit the application of pars. (b) and (c) to the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing.

SB55-ASA1-AA1, s. 1556i Section 1556i. 49.45 (39) (b) of the statutes is amended to read:

SB55-ASA1-AA1,420,23 49.45 (39) (b) School medical services. 1. `Payment for school medical services.' If a school district or a cooperative educational service agency elects to provide school medical services and meets all requirements under par. (c), the department shall reimburse the school district or the cooperative educational service agency for 60% of the federal share of allowable charges for the school medical services that it provides and, as specified in subd. 2., for allowable administrative costs. If the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing elects to provide school medical services and meets all requirements under par. (c), the department shall reimburse the department of public instruction for 60% of the federal share of allowable charges for the school medical services that the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing provides and, as specified in subd. 2., for allowable administrative costs. A school district, cooperative educational service agency, the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing may submit, and the department shall allow, claims for common carrier transportation costs as a school medical service unless the department receives notice from the federal health care financing administration that, under a change in federal policy, the claims are not allowed. If the department receives the notice, a school district, cooperative educational service agency, the Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing may submit, and the department shall allow, unreimbursed claims for common carrier transportation costs incurred before the date of the change in federal policy. The department shall promulgate rules establishing a methodology for making reimbursements under this paragraph. All other expenses for the school medical services provided by a school district or a cooperative educational service agency shall be paid for by the school district or the cooperative educational service agency with funds received from state or local taxes. The school district, the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing, or the cooperative educational service agency shall comply with all requirements of the federal department of health and human services for receiving federal financial participation.

SB55-ASA1-AA1,421,8 2. `Payment for school medical services administrative costs.' The department shall reimburse a school district or a cooperative educational service agency specified under subd. 1. and shall reimburse the department of public instruction on behalf of the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing for 90% of the federal share of allowable administrative costs, using time studies, beginning in fiscal year 1999-2000. A school district or a cooperative education educational service agency may submit, and the department of health and family services shall allow, claims for administrative costs incurred during the period that is up to 24 months before the date of the claim, if allowable under federal law.".

SB55-ASA1-AA1,421,9 766. Page 571, line 15: delete "$6,000,000" and substitute "$5,000,000".

SB55-ASA1-AA1,421,11 767. Page 571, line 22: delete that line and substitute "the poverty line, as defined in s. 49.001 (5).".

SB55-ASA1-AA1,421,13 768. Page 571, line 23: delete the material beginning with that line and ending with page 572, line 3.

SB55-ASA1-AA1,421,14 769. Page 574, line 4: after that line insert:

SB55-ASA1-AA1,421,15 " Section 1563j. 46.72 of the statutes is created to read:

SB55-ASA1-AA1,421,17 46.72 Neighborhood organization incubator grants. (1) Definitions. In this section:

SB55-ASA1-AA1,421,19 (a) "Agency" means a private nonprofit or public organization that is community based.

SB55-ASA1-AA1,421,22 (b) "Neighborhood organization" means a private nonprofit organization that is community based and that provides any of the following services or programs primarily to residents of the area in which the organization is located:

SB55-ASA1-AA1,421,23 1. Crime prevention programs.

SB55-ASA1-AA1,421,24 2. After-school and recreational programs for youth.

SB55-ASA1-AA1,422,1 3. Child abuse and domestic abuse prevention services.

SB55-ASA1-AA1,422,2 4. Alcohol and other drug abuse counseling and prevention services.

SB55-ASA1-AA1,422,3 5. Programs for diversion of youth from gang activities.

SB55-ASA1-AA1,422,4 6. Inmate and ex-offender rehabilitation or aftercare services.

SB55-ASA1-AA1,422,8 (2) Grants. From the appropriation under s. 20.435 (3) (ft), the department shall award grants to agencies to enable them to provide services described under sub. (3) to neighborhood organizations. An agency application for a grant shall contain a plan detailing the proposed use of the grant.

SB55-ASA1-AA1,422,10 (3) Requirements for grant recipients. An agency receiving a grant under this section shall do all of the following:

SB55-ASA1-AA1,422,13 (a) Provide information to neighborhood organizations about funding and other assistance that may be available to neighborhood organizations from private and public entities.

SB55-ASA1-AA1,422,15 (b) Assist neighborhood organizations in obtaining funding and other assistance from public and private entities.

SB55-ASA1-AA1,422,17 (c) Act as a liaison between neighborhood organizations and public and private entities.

SB55-ASA1-AA1,422,19 (d) Provide appropriate training and professional development services to members of neighborhood organizations.

SB55-ASA1-AA1,422,21 (e) Engage in outreach to neighborhood organizations to inform them of the services available from the agency.

SB55-ASA1-AA1,422,23 (f) Undertake other activities that will increase the effectiveness and facilitate the development of neighborhood organizations.

SB55-ASA1-AA1,423,3 (4) Report. An agency receiving a grant under this section shall submit to the department within 90 days after spending the full amount of the grant a report detailing the actual use of the proceeds of the grant.

SB55-ASA1-AA1,423,4 (5) Sunset. This section does not apply after June 30, 2005.".

SB55-ASA1-AA1,423,5 770. Page 576, line 21: after that line insert:

SB55-ASA1-AA1,423,7 " Section 1578. 48.21 (5) (b) of the statutes is renumbered 48.21 (5) (b) (intro.) and amended to read:

SB55-ASA1-AA1,423,9 48.21 (5) (b) (intro.) An order relating to a child held in custody outside of his or her home shall also describe include all of the following:

SB55-ASA1-AA1,423,13 1. A description of any efforts that were made to permit the child to remain safely at home and the services that are needed to ensure the child's well-being, to enable the child to return safely to his or her home, and to involve the parents in planning for the child.

SB55-ASA1-AA1, s. 9579 Section 9579. 48.21 (5) (b) 2. of the statutes is created to read:

SB55-ASA1-AA1,423,20 48.21 (5) (b) 2. If the child is held in custody outside the home in a placement recommended by the intake worker, a statement that the court approves the placement recommended by the intake worker or, if the child is placed outside the home in a placement other than a placement recommended by the intake worker, a statement that the court has given bona fide consideration to the recommendations made by the intake worker and all parties relating to the placement of the child.".

SB55-ASA1-AA1,423,21 771. Page 576, line 21: after that line insert:

SB55-ASA1-AA1,423,22 " Section 1577g. 48.02 (15) of the statutes is amended to read:

SB55-ASA1-AA1,424,3 48.02 (15) "Relative" means a parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt. This relationship shall be by blood, marriage, or adoption.".

SB55-ASA1-AA1,424,4 772. Page 576, line 24: after that line insert:

SB55-ASA1-AA1,424,5 " Section 1583. 48.355 (2) (b) 6m. of the statutes is created to read:

SB55-ASA1-AA1,424,11 48.355 (2) (b) 6m. If the child is placed outside the home in a placement recommended by the agency designated under s. 48.33 (1), a statement that the court approves the placement recommended by the agency or, if the child is placed outside the home in a placement other than a placement recommended by that agency, a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the child's placement.

SB55-ASA1-AA1, s. 1584 Section 1584. 48.357 (2v) of the statutes is created to read:

SB55-ASA1-AA1,424,20 48.357 (2v) If a hearing is held under sub. (1) or (2m) and the change in placement would place the child outside the home in a placement recommended by the person or agency primarily responsible for implementing the dispositional order, the change in placement order shall include a statement that the court approves the placement recommended by that person or agency or, if the child is placed outside the home in a placement other than a placement recommended by that person or agency, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the child's placement.".

SB55-ASA1-AA1,424,21 773. Page 578, line 6: after that line insert:

SB55-ASA1-AA1,424,22 " Section 1588. 48.38 (2) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,425,5 48.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each child living in a foster home, treatment foster home, group home, child-caring institution, secure detention facility, or shelter care facility or in the home of a relative, the agency that placed the child or arranged the placement or the agency assigned primary responsibility for providing services to the child under s. 48.355 shall prepare a written permanency plan, if one of the following conditions exists:

SB55-ASA1-AA1, s. 10589 Section 10589. 48.38 (4) (f) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,425,11 48.38 (4) (f) (intro.) The services that will be provided to the child, the child's family, and the child's foster parent, the child's treatment foster parent or, the operator of the facility where the child is living, or the relative with whom the child is living to carry out the dispositional order, including services planned to accomplish all of the following:

SB55-ASA1-AA1, s. 1590 Section 1590. 48.38 (5) (a) of the statutes is amended to read:

SB55-ASA1-AA1,425,23 48.38 (5) (a) The court or a panel appointed under this paragraph shall review the permanency plan every 6 months from the date on which the child was first held in physical custody or placed outside of his or her home under a court order. If the court elects not to review the permanency plan, the court shall appoint a panel to review the permanency plan. The panel shall consist of 3 persons who are either designated by an independent agency that has been approved by the chief judge of the judicial administrative district or designated by the agency that prepared the permanency plan. A voting majority of persons on each panel shall be persons who are not employed by the agency that prepared the permanency plan and who are not responsible for providing services to the child or the parents of the child whose permanency plan is the subject of the review.

SB55-ASA1-AA1, s. 1591 Section 1591. 48.38 (5) (b) of the statutes is amended to read:

SB55-ASA1-AA1,426,14 48.38 (5) (b) The court or the agency shall notify the parents of the child, the child if he or she is 12 years of age or older, and the child's foster parent, the child's treatment foster parent or, the operator of the facility in which the child is living, or the relative with whom the child is living of the date, time, and place of the review, of the issues to be determined as part of the review, and of the fact that they may have an opportunity to be heard at the review by submitting written comments not less than 10 working days before the review or by participating at the review. The court or agency shall notify the person representing the interests of the public, the child's counsel, the child's guardian ad litem, and the child's court-appointed special advocate of the date of the review, of the issues to be determined as part of the review, and of the fact that they may submit written comments not less than 10 working days before the review. The notices under this paragraph shall be provided in writing not less than 30 days before the review and copies of the notices shall be filed in the child's case record.".

SB55-ASA1-AA1,426,15 774. Page 578, line 7: delete lines 7 to 22.

SB55-ASA1-AA1,426,16 775. Page 582, line 8: after that line insert:

SB55-ASA1-AA1,426,17 " Section 1633. 48.62 (2) of the statutes is amended to read:

SB55-ASA1-AA1,427,8 48.62 (2) A relative, as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a), or a guardian of a child, who provides care and maintenance for a child, is not required to obtain the license specified in this section. The department, a county department, or a licensed child welfare agency as provided in s. 48.75 may shall issue a license to operate a foster home or a treatment foster home to a relative who has no duty of support under s. 49.90 (1) (a) and who requests a license to operate a foster home or treatment foster home for a specific child who is either placed by court order or who is the subject of a voluntary placement agreement under s. 48.63. The department, a county department, or a licensed child welfare agency may shall, at the request of a guardian appointed under s. 48.977 or 48.978 or ch. 880, license the guardian's home as a foster home or treatment foster home for the guardian's minor ward who is living in the home and who is placed in the home by court order. Relatives with no duty of support and guardians appointed under s. 48.977 or 48.978 or ch. 880 who are licensed to operate foster homes or treatment foster homes are subject to the department's licensing rules.".

SB55-ASA1-AA1,427,9 776. Page 583, line 2: after that line insert:

SB55-ASA1-AA1,427,10 " Section 1636d. 48.67 of the statutes is amended to read:

SB55-ASA1-AA1,428,3 48.67 Rules governing child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities and county departments. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, day care centers, foster homes, treatment foster homes, group homes, shelter care facilities, and county departments. These rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of commerce and the department of public instruction before promulgating these rules. In establishing the minimum requirements for the issuance of licenses to day care centers that provide care and supervision for children under one year of age, the department shall include a requirement that all licensees who are individuals and all employees and volunteers of a licensee who provide care and supervision for children receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome.".

SB55-ASA1-AA1,428,4 777. Page 583, line 2: after that line insert:

SB55-ASA1-AA1,428,5 " Section 1651g. 48.981 (2) of the statutes is amended to read:

SB55-ASA1-AA1,429,8 48.981 (2) Persons required to report. A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, social worker, marriage and family therapist, professional counselor, public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or counselor, mediator under s. 767.11, child care worker in a day care center or child caring institution, day care provider, alcohol or other and drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42 or 51.437, physical therapist, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician, first responder or police or law enforcement officer having reasonable cause to suspect that a child seen in the course of professional duties has been abused or neglected or having reason to believe that a child seen in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under sub. (2m), report as provided in sub. (3). A court-appointed special advocate having reasonable cause to suspect that a child seen in the course of the court-appointed special advocate's activities under s. 48.236 (3) has been abused or neglected or having reason to believe that a child seen in the course of those activities has been threatened with abuse and neglect and that abuse or neglect of the child will occur shall, except as provided in sub. (2m), report as provided in sub. (3). Any other person, including an attorney, having reason to suspect that a child has been abused or neglected or reason to believe that a child has been threatened with abuse or neglect and that abuse or neglect of the child will occur may make such a report. Any person, including an attorney having reason to suspect that an unborn child has been abused or reason to believe that an unborn child is at substantial risk of abuse may report as provided in sub. (3). No person making a report under this subsection may be discharged from employment for so doing.".

SB55-ASA1-AA1,429,9 778. Page 583, line 2: after that line insert:

SB55-ASA1-AA1,429,10 " Section 1651g. 48.981 (1) (am) 1. of the statutes is amended to read:

SB55-ASA1-AA1,429,12 48.981 (1) (am) 1. The child's parent, grandparent, greatgrandparent, stepparent, brother, sister, stepbrother, stepsister, half brother , or half sister.

SB55-ASA1-AA1, s. 1651h Section 1651h. 48.981 (1) (fm) of the statutes is amended to read:

SB55-ASA1-AA1,429,17 48.981 (1) (fm) "Relative" means a parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, 2nd cousin, nephew, niece, uncle, aunt, stepgrandparent, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, stepuncle, or stepaunt.".

SB55-ASA1-AA1,429,19 779. Page 586, line 14: delete "Section 1656tym" and substitute " Section 1656sy".

SB55-ASA1-AA1,429,20 780. Page 586, line 23: after that line insert:

SB55-ASA1-AA1,429,21 " Section 1656tig. 49.124 (1d) of the statutes is created to read:

SB55-ASA1-AA1,430,3 49.124 (1d) Eligibility determinations. (a) The department shall certify eligibility for and issue food coupons for the food stamp program and shall, under a contract under s. 49.33 (2), designate the functions to the county department under s. 46.215, 46.22, or 46.23 or the governing body of a federally recognized American Indian tribe or band. The department may designate these functions, to the extent permitted under federal law or a waiver under par. (b), to a Wisconsin works agency.

SB55-ASA1-AA1,430,9 (b) The department shall request a waiver from the federal secretary of health and human services to permit Wisconsin works agencies to certify eligibility for and issue food coupons for the food stamp program. If the department receives the waiver, the department shall implement the waiver except that, prior to implementing the waiver, the department shall submit the terms of the waiver and an implementation plan to the joint committee on finance.

SB55-ASA1-AA1, s. 1656tik Section 1656tik. 49.124 (1d) of the statutes, as created by 2001 Wisconsin Act .... (this act), is renumbered 49.79 (1m).".

SB55-ASA1-AA1,430,13 781. Page 589, line 2: delete the material beginning with ", as" and ending with "act)," on line 3.

SB55-ASA1-AA1,430,14 782. Page 589, line 4: delete lines 4 to 19.

SB55-ASA1-AA1,430,15 783. Page 590, line 24: delete lines 24 and 25 and substitute:

SB55-ASA1-AA1,430,17 "49.125 (1) The department, or a county, or an elected governing body of a federally recognized American Indian tribe or band or a Wisconsin works agency".

SB55-ASA1-AA1,430,18 784. Page 593, line 13: after that line insert:

SB55-ASA1-AA1,430,19 " Section 1656w. 49.134 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,430,24 49.134 (2) (a) From the appropriation under s. 20.445 (3) (dz) and the allocation under s. 49.155 (1g) (b), the department shall make grants to local agencies to fund child care resource and referral services provided by those local agencies. The department shall provide an allocation formula to determine the amount of a grant awarded under this section.".

SB55-ASA1-AA1,431,2 785. Page 596, line 17: delete the material beginning with that line and ending with page 597, line 3.

SB55-ASA1-AA1,431,3 786. Page 597, line 3: after that line insert:

SB55-ASA1-AA1,431,4 " Section 1660t. 49.1475 of the statutes is amended to read:

SB55-ASA1-AA1,431,17 49.1475 Follow-up services. Following any follow-up period required by the contract entered into under s. 49.143, a Wisconsin works agency may provide case management services for an individual who moves from a Wisconsin works employment position to unsubsidized employment to help the individual retain the unsubsidized employment. Case management services may include the provision of employment skills training; English as a 2nd language classes, if the Wisconsin works agency determines that the course will facilitate the individual's efforts to retain employment; a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation; or other remedial education courses. A Wisconsin works agency shall coordinate case management services with a program offered by a technical college under s. 38.34. The Wisconsin works agency may provide case management services regardless of the individual's income and asset levels.".

SB55-ASA1-AA1,431,18 787. Page 597, line 3: after that line insert:

SB55-ASA1-AA1,431,19 " Section 1660n. 49.147 (6) (c) of the statutes is amended to read:

SB55-ASA1-AA1,431,23 49.147 (6) (c) Distribution and administration. From the appropriations under s. 20.445 (3) (e), (jL) and (md), the department shall distribute funds for job access loans to a Wisconsin works agency, which shall administer the loans in accordance with rules promulgated by the department.".

SB55-ASA1-AA1,431,24 788. Page 597, line 6: after that line insert:

SB55-ASA1-AA1,432,1 " Section 1660y. 49.155 (1d) (a) of the statutes is amended to read:

SB55-ASA1-AA1,432,12 49.155 (1d) (a) The department shall promulgate rules establishing standards for the certification of child care providers under s. 48.651. In establishing the requirements for certification under this paragraph of a child care provider who provides care and supervision for children under one year of age, the department shall include a requirement that all providers and all employees and volunteers of a provider who provide care and supervision for children receive, before the date on which the provider is certified or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome. In establishing the requirements for certification as a Level II certified family day care provider, the department may not include a any other requirement for training for providers.".