SB40-SSA1,493,1814
49.265
(6) Reports. At least annually, the secretary shall submit a report to
15the chief clerk of each house of the legislature, for distribution to the appropriate
16standing committees under s. 13.172 (3), concerning activities of community action
17agencies under
s. 46.30 this section and their effectiveness in promoting social and
18economic opportunities for poor persons.
SB40-SSA1,493,23
2046.016 Cooperation with federal government. The department may
21cooperate with the federal government in carrying out federal acts concerning public
22assistance, social security,
child welfare and youth services, mental hygiene, services
23for the blind
, and in other matters of mutual concern pertaining to public welfare.
SB40-SSA1,494,5
146.02 Agency powers and duties. Any institution
which that is subject to
2chs. 46,
48 49 to 51, 55
, and 58 and to regulation under ch. 150 shall, in cases of
3conflict between chs. 46,
48 49 to 51, 55
, and 58 and ch. 150, be governed by ch. 150.
4The department shall promulgate rules and establish procedures for resolving any
5such
controversy a conflict.
SB40-SSA1,494,188
46.03
(4) (b) In order to discharge more effectively its responsibilities under
9this chapter
and ch. 48 and other relevant provisions of the statutes, be authorized
10to study causes and methods of prevention and treatment of mental illness, mental
11deficiency, mental infirmity, and related social problems, including establishment of
12demonstration projects to apply and evaluate such methods in actual cases. The
13department is directed and authorized to utilize all powers provided by the statutes,
14including the authority under sub. (2a), to accept grants of money or property from
15federal, state
, or private sources, and to enlist the cooperation of other appropriate
16agencies and state departments. The department may enter into agreements with
17local government subdivisions, departments
, and agencies for the joint conduct of
18these projects, and it may purchase services when
deemed considered appropriate.
SB40-SSA1,495,220
46.03
(7) (a) Promote the enforcement of laws for the protection of
21developmentally disabled children
, children and unborn children in need of
22protection or services and nonmarital children; and to this end cooperate with courts
23assigned to exercise jurisdiction under chs. 48 and 938, licensed child welfare
24agencies
, and public and private institutions and take the initiative in all matters
25involving the interests of those children
and unborn children when adequate
1provision for those interests has not already been made, including the establishment
2and enforcement of standards for services provided under ss. 48.345 and 48.347.
SB40-SSA1,495,154
46.03
(7) (bm) Maintain a file containing records of artificial inseminations
5under s. 891.40
, declarations of paternal interest under s. 48.025, and statements
6acknowledging paternity under s. 69.15 (3) (b). The department may release those
7records
, declarations, and statements only upon an order of the court except that the
8department may use nonidentifying information concerning artificial inseminations
9for the purpose of compiling statistics
, declarations of paternal interest shall be
10released as provided in s. 48.025 (3) (b) and (c), and statements acknowledging
11paternity shall be released without a court order to the department of
workforce
12development children and families or a county child support agency under s. 59.53
13(5) upon the request of that department or county child support agency pursuant to
14the program responsibilities under s. 49.22 or to any other person with a direct and
15tangible interest in the statement.
SB40-SSA1, s. 804
17Section
804. 46.03 (7) (cm) of the statutes is renumbered 48.47 (7) (cm).
SB40-SSA1, s. 805
18Section
805. 46.03 (7) (d) of the statutes is renumbered 48.47 (7) (d).
SB40-SSA1, s. 807
20Section
807. 46.03 (7) (f) of the statutes is renumbered 48.47 (7) (f).
SB40-SSA1, s. 808
21Section
808. 46.03 (7) (h) of the statutes is renumbered 48.47 (7) (h).
SB40-SSA1, s. 809
22Section
809. 46.03 (7g) of the statutes is renumbered 48.47 (7g) and amended
23to read:
SB40-SSA1,496,1424
48.47
(7g) Statewide automated child welfare information system. Establish
25a statewide automated child welfare information system. Notwithstanding ss.
146.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30,
251.45 (14) (a),
55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c),
938.396
3(1) and (2) (a) 938.396 (1) and (2), and 938.78 (2) (a), the department may enter the
4content of any record kept or information received by the department into the
5statewide automated child welfare information system, and a county department
6under s. 46.215, 46.22
, or 46.23, the department, or any other organization that has
7entered into an information sharing and access agreement with the department or
8any of those county departments and that has been approved for access to the
9statewide automated child welfare information system by the department may have
10access to information that is maintained in that system, if necessary to enable the
11county department, department, or organization to perform its duties under this
12chapter, ch.
48, 46, 51, 55, or 938, or
42 USC 670 to
679b to or to coordinate the
13delivery of services under this chapter, ch.
48,
46, 51, 55, or 938, or
42 USC 670 to
14679b.
SB40-SSA1, s. 810
15Section
810. 46.03 (7m) of the statutes is renumbered 48.62 (7) and amended
16to read:
SB40-SSA1,496,2117
48.62
(7) Foster care. In each federal fiscal year,
the department shall ensure
18that there are no more than 2,200 children in foster care and treatment foster care
19placements for more than 24 months, consistent with the best interests of each child.
20Services provided in connection with this requirement shall comply with the
21requirements under P.L.
96-272.
SB40-SSA1,497,1123
46.03
(18) (a) Except as provided in s. 46.10 (14) (b) and (c), the department
of 24health and family services shall establish a uniform system of fees for services
25provided or purchased by the department
of health and family services, or a county
1department under s. 46.215, 46.22, 51.42
, or 51.437, except for services provided
2under
ch. 48 and subch. III of ch. 49;
services relating to adoption; services provided
3to courts; outreach, information and referral services; or
where when, as determined
4by the department
of health and family services, a fee is administratively unfeasible
5or would significantly prevent accomplishing the purpose of the service. A county
6department under s. 46.215, 46.22, 51.42
, or 51.437 shall apply the fees
which that 7it collects under this program to cover the cost of
such those services.
The
8department of health and family services shall report to the joint committee on
9finance no later than March 1 of each year on the number of children placed for
10adoption by the department of health and family services during the previous year
11and the costs to the state for services relating to such adoptions.
SB40-SSA1,497,1713
46.03
(18) (am)
Paragraph (a) does not prevent the department from charging
14and collecting the cost of adoptive placement investigations and child care as
15authorized under s. 48.837 (7). Paragraph (a) also does not prevent a county
16department under s. 51.42 or 51.437 from charging and collecting the cost of an
17examination ordered under s. 938.295 (2) (a) as authorized under s. 938.295 (2) (c).
SB40-SSA1,497,2119
46.03
(18) (ar) A county may retain fees that it collects under this subsection
20for services the county provides without state funding under the disabled children's
21long-term support program.
SB40-SSA1,498,323
46.03
(20) (a) Except for payments provided under
ch. 48 or subch. III of ch. 49,
24the department may make payments directly to recipients of public assistance or to
25such persons authorized to receive such payments in accordance with law and rules
1of the department on behalf of the counties. Except for payments provided under
ch.
248 or subch. III of ch. 49, the department may charge the counties for the cost of
3operating public assistance systems which make such payments.
SB40-SSA1, s. 816
4Section
816. 46.03 (22) (title) of the statutes is amended to read:
SB40-SSA1,498,55
46.03
(22) (title)
Community living arrangements for adults.
SB40-SSA1,498,147
46.03
(22) (a)
"Community In this subsection, "community living arrangement
8for adults" means
any of the following facilities licensed or operated, or permitted
9under the authority of the department: residential care centers for children and
10youth, as defined in s. 48.02 (15d), operated by child welfare agencies licensed under
11s. 48.60, group homes for children, as defined in s. 48.02 (7), and community-based
12residential facilities a community-based residential facility, as defined in s. 50.01
13(1g)
; but does not include adult family homes, as defined in s. 50.01 (1), day care
14centers, nursing homes, general hospitals, special hospitals, prisons, and jails.
SB40-SSA1,498,1816
46.03
(22) (b) Community living arrangements
for adults shall be subject to the
17same building and housing ordinances, codes
, and regulations of the municipality or
18county as similar residences located in the area in which the facility is located.
SB40-SSA1,499,220
46.03
(22) (c) The department shall designate a subunit to keep records and
21supply information on community living arrangements
for adults under ss. 59.69
22(15) (f), 60.63 (7)
, and 62.23 (7) (i) 6. The subunit shall be responsible for receiving
23all complaints regarding community living arrangements
for adults and for
24coordinating all necessary investigatory and disciplinary actions under the laws of
1this state and under the rules of the department relating to the licensing of
2community living arrangements
for adults.
SB40-SSA1,499,104
46.03
(22) (d) A community living arrangement
for adults with a capacity for
58 or fewer persons shall be a permissible use for purposes of any deed covenant which
6limits use of property to single-family or 2-family residences. A community living
7arrangement
for adults with a capacity for 15 or fewer persons shall be a permissible
8use for purposes of any deed covenant which limits use of property to more than
92-family residences. Covenants in deeds which expressly prohibit use of property
10for community living arrangements
for adults are void as against public policy.
SB40-SSA1,499,1912
46.03
(22) (e) If a community living arrangement
for adults is required to
13obtain special zoning permission, as defined in s. 59.69 (15) (g), the department shall,
14at the request of the unit of government responsible for granting the special zoning
15permission, inspect the proposed facility and review the program proposed for the
16facility. After such inspection and review, the department shall transmit to the unit
17of government responsible for granting the special zoning permission a statement
18that the proposed facility and its proposed program have been examined and are
19either approved or disapproved by the department.
SB40-SSA1, s. 823
21Section
823. 46.03 (39) of the statutes is renumbered 48.47 (39).
SB40-SSA1,500,1823
46.031
(3) (a)
Citizen advisory committee. Except as provided in par. (b), the
24county board of supervisors of each county or the county boards of supervisors of 2
25or more counties jointly shall establish a citizen advisory committee to the county
1departments under ss. 46.215, 46.22, 46.23, 51.42
, and 51.437. The citizen advisory
2committee shall advise in the formulation of the budget under sub. (1). Membership
3on the committee shall be determined by the county board of supervisors in a county
4with a single-county committee or by the county boards of supervisors in counties
5with a multicounty committee and shall include representatives of those persons
6receiving services, providers of service and citizens. A majority of the members of the
7committee shall be citizen and service consumers.
At least one member of the
8committee shall be chosen from the governing or administrative board of the
9community action agency serving the county or counties under s. 46.30, if any. The
10committee's membership may not consist of more than 25% county supervisors, nor
11of more than 20% service providers. The chairperson of the committee shall be
12appointed by the county board of supervisors establishing it. In the case of a
13multicounty committee, the chairperson shall be nominated by the committee and
14approved by the county boards of supervisors establishing it. The county board of
15supervisors in a county with a single-county committee or the county boards of
16supervisors in counties with a multicounty committee may designate an agent to
17determine the membership of the committee and to appoint the committee
18chairperson or approve the nominee.
SB40-SSA1,501,620
46.034
(1) The department, in order to discharge more effectively its
21responsibilities under this chapter and chs.
48, 51, 250
, and 251 and other relevant
22provisions of the statutes, may establish community human services pilot programs
23for the study, implementation
, and evaluation of improved human services delivery
24systems. In the implementation of
such those pilot programs, the requirement of
25statewide uniformity with respect to the organization and governance of human
1services shall not apply. The department and local governmental bodies may
2establish such departments, boards, committees, organizational structures
, and
3procedures as may be needed to implement the pilot programs. The departments,
4boards, committees
, and organizational structures may assume responsibilities
5currently assigned by statute to the departments, boards, committees
, or
6organizational structures that are replaced.
SB40-SSA1,501,178
46.036
(1) All care and services purchased by the department or by a county
9department under s. 46.215, 46.22, 46.23, 51.42
, or 51.437, except as provided under
10subch. III of ch. 49 and s. 301.08 (2), shall be authorized and contracted for under the
11standards established under this section. The department may require the county
12departments to submit the contracts to the department for review and approval. For
13purchases of $10,000 or less the requirement for a written contract may be waived
14by the department.
No contract is required for care provided by foster homes or
15treatment foster homes that are required to be licensed under s. 48.62. When the
16department directly contracts for services, it shall follow the procedures in this
17section in addition to meeting purchasing requirements established in s. 16.75.
SB40-SSA1,502,419
46.036
(4) (a) Except as provided in this paragraph, maintain a uniform double
20entry accounting system and a management information system which are
21compatible with cost accounting and control systems prescribed by the department.
22The department shall establish a simplified double entry bookkeeping system for use
23by family-operated group homes. Each purchaser shall determine whether a
24family-operated group home from which it purchases services shall use the double
25entry accounting system or the simplified system and shall include this
1determination in the purchase of service contract. In this paragraph,
2"family-operated group home" means a group home licensed under s. 48.66 (1) (a) for
3which the licensee is one or more individuals who operate not more than one group
4home.
SB40-SSA1,502,116
46.036
(4) (c) Unless waived by the department, biennially, or annually if
7required under federal law, provide the purchaser with a certified financial and
8compliance audit report if the care and services purchased exceed $25,000. The audit
9shall follow standards that the department prescribes.
A purchaser may waive the
10requirements of this paragraph for any family-operated group home, as defined
11under par. (a), from which it purchases services.
SB40-SSA1, s. 830
12Section
830. 46.037 of the statutes is renumbered 49.343 and amended to
13read:
SB40-SSA1,502,19
1449.343 Rates for residential child care centers and group homes. (1) 15Subject to sub. (1m), each residential
child care center
for children and youth, as
16defined in s. 48.02 (15d), and each group home, as defined in s. 48.02 (7), that is
17licensed under s. 48.625 and incorporated under ch. 180, 181, 185, or 193 shall
18establish a per client rate for its services and shall charge all purchasers the same
19rate.
SB40-SSA1,503,6
20(1m) Notwithstanding sub. (1), the department, a county department under
21s. 46.215, 46.22, 46.23, 51.42
, or 51.437, a group of those county departments, or the
22department and one or more of those county departments, and a residential
child 23care center
for children and youth or group home, as described in sub. (1), may
24negotiate a per client rate for the services of that residential
child care center
for
25children and youth or group home, if the department, that county department, the
1county departments in that group of county departments, or the department and one
2or more of those county departments, agree to place 75% or more of the residents of
3that residential
child care center
for children and youth or group home during the
4period for which that rate is effective. A residential
child care center
for children and
5youth or group home that negotiates a per client rate under this subsection shall
6charge that rate to all purchasers of its services.
SB40-SSA1,503,14
7(2) A residential
child care center
for children and youth or a group home, as
8described in sub. (1) or (1m), shall submit to the department the rate it charges and
9any change in that rate before a charge is made to any purchaser. The department
10shall provide forms and instructions for the submission of rates and changes in rates
11under this subsection and a residential
child care center
for children and youth or
12a group home that is required to submit a rate or a change in a rate under this
13subsection shall submit that rate or change in a rate using those forms and
14instructions.
SB40-SSA1,503,17
15(3) The department may require an audit of any residential
child care center
16for children and youth or group home, as described in sub. (1) or (1m), for the purpose
17of collecting federal funds.
SB40-SSA1,504,219
46.043
(1) In addition to inpatient and outpatient services provided at mental
20health institutes under ss. 51.05 and 51.07, the department may authorize mental
21health institutes to offer services other than inpatient mental health services when
22the department determines that community services need to be supplemented.
23Services that may be offered under this section include mental health outpatient
24treatment and services, day programming, consultation and services in residential
1facilities, including group homes,
child caring institutions residential care centers
2for children and youth and community-based residential facilities.
SB40-SSA1,504,134
46.057
(2) From the appropriation account under s. 20.410 (3) (ba), the
5department of corrections shall transfer to the appropriation account under s. 20.435
6(2) (kx) $1,379,300 in
each fiscal year
2005-06 and $1,379,300 in fiscal year 2006-07 7and, from the appropriation account under s. 20.410 (3) (hm), the department of
8corrections shall transfer to the appropriation account under s. 20.435 (2) (kx)
9$2,271,200 $2,639,800 in fiscal year
2005-06 and $2,390,600 2007-08 and
10$2,707,300 in fiscal year
2006-07 2008-09 for services for juveniles placed at the
11Mendota juvenile treatment center. The department of health and family services
12may charge the department of corrections not more than the actual cost of providing
13those services.
SB40-SSA1,504,2315
46.10
(14) (b) Except as provided in par. (c) and subject to par. (cm), liability
16of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the
17parent's minor child who has been placed by a court order under s. 48.355 or 48.357
18in a residential, nonmedical facility such as a group home, foster home, treatment
19foster home, subsidized guardianship home, or residential care center for children
20and youth shall be determined by the court by using the percentage standard
21established by the department of
workforce development
children and families 22under s. 49.22 (9) and by applying the percentage standard in the manner
23established by the department under
s. 46.247 par. (g).
SB40-SSA1,505,7
146.10
(14) (g) For purposes of determining child support under par. (b), the
2department shall promulgate rules related to the application of the standard
3established by the department of children and families under s. 49.22 (9) to a child
4support obligation for the care and maintenance of a child who is placed by a court
5order under s. 48.355 or 48.357 in a residential, nonmedical facility. The rules shall
6take into account the needs of any person, including dependent children other than
7the child, whom either parent is legally obligated to support.
SB40-SSA1,505,219
46.10
(16) The department shall delegate to county departments under ss.
1051.42 and 51.437 or the local providers of care and services meeting the standards
11established by the department under s. 46.036, the responsibilities vested in the
12department under this section for collection of patient fees for services other than
13those provided at state facilities
or, those provided to children that are reimbursed
14under a waiver under s. 46.27 (11), 46.275,
, 46.278, or 46.2785
, or
a waiver requested
15under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act 33, section
169124 (8c), those provided under the disabled children's long-term support program 17if the county departments or providers meet the conditions that the department
18determines are appropriate. The department may delegate to county departments
19under ss. 51.42 and 51.437 the responsibilities vested in the department under this
20section for collection of patient fees for services provided at the state facilities if the
21necessary conditions are met.
SB40-SSA1,506,323
46.16
(1) Generally. The department shall investigate and supervise all the
24charitable and curative institutions, including county infirmaries, of every county
25and municipality, except tuberculosis sanatoriums
; all shelter care facilities for
1children and, and all hospitals, asylums
, and institutions
, organized for the purpose
2set forth in s. 58.01, and familiarize itself with all the circumstances affecting their
3management and usefulness.
SB40-SSA1,506,158
46.16
(3) County homes, poor relief.
It The department shall visit the county
9homes and ascertain the number of each sex and the number of mentally ill, mentally
10deficient, deaf
, or blind persons
, and children supported in each, at what cost and
11under what circumstances affecting their health, comfort, morals
, and education;
12collect statistics of the cost of support, and other important facts, of the poor relieved
13at public expense outside of county homes; and collect information as to the adequacy
14and efficiency of existing laws for the support and relief of the poor, and the causes
15of pauperism in the state.
SB40-SSA1,506,2517
46.16
(7) Enforcement by attorney general and district attorneys. Upon
18request of the department, the attorney general or the district attorney of the proper
19county shall aid in any investigation, inspection, hearing
, or trial had under the
20provisions of this chapter
, or those sections of ch. 48 relating to powers of the
21department, and shall institute and prosecute all necessary actions or proceedings
22for the enforcement of
such those provisions and for the punishment of violations of
23the same those provisions. The attorney general or district attorney so requested
24shall report or confer with the department regarding the request, within 30 days
25after the receipt of
such the request.
SB40-SSA1,507,52
46.17
(1) The department shall fix reasonable standards and regulations for
3the design, construction, repair
, and maintenance of county homes, county
4infirmaries, county hospitals,
and mental health facilities
and shelter care facilities,
5with respect to their adequacy and fitness for the needs which they are to serve.
SB40-SSA1,507,147
46.206
(1) (a) The department shall supervise the administration of social
8services, except as provided under
ch. 48 and subch. III of ch. 49 and except for
9juvenile delinquency-related services. The department shall submit to the federal
10authorities state plans for the administration of social services, except as provided
11under
ch. 48 and subch. III of ch. 49 and except for juvenile delinquency-related
12services, in such form and containing such information as the federal authorities
13require, and shall comply with all requirements prescribed to ensure their
14correctness.
SB40-SSA1,508,216
46.206
(1) (bm) All records of the department relating to aid provided under
17s. 49.46, 49.465, 49.468, 49.47
, 49.471, or 49.77 are open to inspection at reasonable
18hours by members of the legislature who require the information contained in the
19records in pursuit of a specific state legislative purpose. All records of any county
20relating to aid provided under s. 49.46, 49.465, 49.468, 49.47
, 49.471, or 49.77 are
21open to inspection at reasonable hours by members of the board of supervisors of the
22county or the governing body of a city, village or town located in the county who
23require the information contained in the records in pursuit of a specific county or
24municipal legislative purpose. The right to records access provided by this
25paragraph does not apply if access is prohibited by federal law or regulation or if this
1state is required to prohibit such access as a condition precedent to participation in
2a federal program in which this state participates.
SB40-SSA1,508,74
46.206
(2) The county administration of all laws relating to social services,
5except with respect to the programs under
ch. 48 and subch. III of ch. 49 and to
6juvenile delinquency-related programs, shall be vested in the officers and agencies
7designated in the statutes.
SB40-SSA1,508,259
46.21
(2m) (c)
Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78
10(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7) and 253.07
11(3) (c), a subunit of a county department of human services or tribal agency acting
12under this subsection may exchange confidential information about a client, without
13the informed consent of the client, with any other subunit of the same county
14department of human services or tribal agency, with a resource center, a care
15management organization, or a
family long-term care district, with an
16elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral
17for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person
18providing services to the client under a purchase of services contract with the county
19department of human services or tribal agency or with a resource center, a care
20management organization, or a
family long-term care district, if necessary to enable
21an employee or service provider to perform his or her duties, or to enable the county
22department of human services or tribal agency to coordinate the delivery of services
23to the client. An agency that releases information under this paragraph shall
24document that a request for information was received and what information was
25provided.