Amendment ASA1-AB75

AB75-ASA1,548,20 7g. The rate at which children referred for each type of response specified in par. (c) 1. to 3. are subsequently the subjects of reports of suspected or threatened abuse or neglect.

AB75-ASA1,548,22 7m. The satisfaction of families referred for each type of response specified in par. (c) 1. to 3. with the process used to respond to those referrals.

AB75-ASA1,548,24 7r. The cost effectiveness of responding to reports of suspected or threatened abuse or neglect in the manner provided under the pilot program.

AB75-ASA1, s. 1101 Section 1101. 48.981 (7) (a) 4. of the statutes is amended to read:

AB75-ASA1,549,5 48.981 (7) (a) 4. A child's foster parent , treatment foster parent or other person having physical custody of the child or a person having physical custody of the expectant mother of an unborn child, except that the person or agency maintaining the record or report may not disclose any information that would identify the reporter.

AB75-ASA1, s. 1101c Section 1101c. 48.981 (7) (a) 4m. of the statutes is created to read:

AB75-ASA1,549,11 48.981 (7) (a) 4m. A relative of a child placed outside of his or her home only to the extent necessary to facilitate the establishment of a relationship between the child and the relative or a placement of the child with the relative. In this subdivision, "relative" includes a relative whose relationship is derived through a parent of the child whose parental rights are terminated.

AB75-ASA1, s. 1102 Section 1102. 48.983 (1) (b) 1. c. of the statutes is amended to read:

AB75-ASA1,549,19 48.983 (1) (b) 1. c. A family that includes a person who has contacted a county department or an Indian tribe that has been awarded a grant under this section or, in a county having a population of 500,000 or more that has been awarded a grant under this section, the department or a licensed child welfare agency under contract with the department requesting assistance to prevent poor birth outcomes or abuse or neglect of a child in the person's family and with respect to which an individual responding to the request has determined that all of the conditions in subd. 2. exist.

AB75-ASA1, s. 1103 Section 1103. 48.983 (1) (b) 2. a. of the statutes is amended to read:

AB75-ASA1,549,22 48.983 (1) (b) 2. a. There is a substantial risk of poor birth outcomes or future abuse or neglect of a child in the family if assistance is not provided.

AB75-ASA1, s. 1106d Section 1106d. 48.983 (2) of the statutes is amended to read:

AB75-ASA1,550,25 48.983 (2) Funds provided. If a county or Indian tribe applies and is selected by the department under sub. (5) to participate in the program under this section, the department shall award, from the appropriation under s. 20.437 (2) (1) (ab), a grant annually to be used only for the purposes specified in sub. (4) (a) and (am). The minimum amount of a grant is $10,000. The department shall determine the amount of a grant awarded to a county, other than a county with a population of 500,000 or more, or Indian tribe in excess of the minimum amount based on the need of the county or Indian tribe for a grant, as determined by a formula that the department shall promulgate by rule. That formula shall determine that need based on the number of births that are funded by medical assistance Medical Assistance under subch. IV of ch. 49 in that county or the reservation of that Indian tribe in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section and on the rate of poor birth outcomes, including infant mortality, premature births, low birth weights, and racial or ethnic disproportionality in the rates of those outcomes, in that county or the reservation of that Indian tribe. The department shall determine the amount of a grant awarded to a county with a population of 500,000 or more in excess of the minimum amount based on the need of the county for a grant, as determined by a formula that the department shall promulgate by rule. That formula shall determine that need based on 60% of the number of births that are funded by medical assistance Medical Assistance under subch. IV of ch. 49 in that county in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section and on the rate of poor birth outcomes, including infant mortality, premature births, low birth weights, and racial or ethnic disproportionality in the rates of those outcomes, in that county.

AB75-ASA1, s. 1110d Section 1110d. 48.983 (4) (a) 4m. of the statutes is amended to read:

AB75-ASA1,551,8 48.983 (4) (a) 4m. Other than in a county with a population of 500,000 or more, to reimburse a case management provider under s. 49.45 (25) (b) for the amount of the allowable charges under the medical assistance Medical Assistance program that is not provided by the federal government for case management services provided to a medical assistance Medical Assistance beneficiary described in s. 49.45 (25) (am) 9. who is a child and who is a member of a family that receives home visitation program services under par. (b) 1.

AB75-ASA1, s. 1111d Section 1111d. 48.983 (4) (b) 1. of the statutes is amended to read:

AB75-ASA1,552,13 48.983 (4) (b) 1. A county, other than a county with a population of 500,000 or more, or an Indian tribe that is selected to participate in the program under this section shall select persons who are first-time parents and offer all pregnant women in the county or the reservation of the tribe who are eligible for medical assistance Medical Assistance under subch. IV of ch. 49 and shall offer each of those persons an opportunity to undergo an assessment through use of a risk assessment instrument to determine whether the parent person assessed presents risk factors for poor birth outcomes or for perpetrating child abuse or neglect. Persons who are selected and who agree to be assessed shall be assessed during the prenatal period, if possible, or as close to the time of the child's birth as possible. The risk assessment instrument shall be developed by the department and shall be based on risk assessment instruments developed by the department for similar programs that are in operation. The department need not promulgate as rules under ch. 227 the risk assessment instrument developed under this subdivision. A person who is assessed to be at risk of poor birth outcomes or of abusing or neglecting his or her child shall be offered home visitation program services that shall be commenced during the prenatal period. Home visitation program services may be provided to a family with a child identified as being at risk of child abuse or neglect until the identified child reaches 3 years of age. If a family has been receiving home visitation program services continuously for not less than 12 months, those services may continue to be provided to the family until the identified child reaches 3 years of age, regardless of whether the child continues to be eligible for Medical Assistance under subch. IV of ch. 49. If risk factors for child abuse or neglect with respect to the identified child continue to be present when the child reaches 3 years of age, home visitation program services may be provided until the identified child reaches 5 years of age. Home visitation program services may not be provided to a person unless the person gives his or her written informed consent to receiving those services or, if the person is a child, unless the child's parent, guardian or legal custodian gives his or her written informed consent for the child to receive those services.

AB75-ASA1, s. 1112 Section 1112. 48.983 (4) (b) 2. of the statutes is repealed.

AB75-ASA1, s. 1113 Section 1113. 48.983 (4) (b) 3. of the statutes is amended to read:

AB75-ASA1,552,19 48.983 (4) (b) 3. A county or Indian tribe that is providing home visitation program services under subd. 1. or 2. shall provide to a person receiving those services the information relating to shaken baby syndrome and impacted babies required under s. 253.15 (6).

AB75-ASA1, s. 1114 Section 1114. 48.983 (5) of the statutes is amended to read:

AB75-ASA1,553,15 48.983 (5) Selection of counties and Indian tribes. The department shall provide competitive application procedures for selecting counties and Indian tribes for participation in the program under this section. The department shall establish a method for ranking applicants for selection based on the quality of their applications. In ranking the applications submitted by counties, the department shall give favorable consideration to a county that has indicated under sub. (6) (d) 2. that it is willing to use a portion of any moneys distributed to the county under s. 48.565 (2) (a) to provide case management services to a medical assistance Medical Assistance beneficiary under s. 49.45 (25) (am) 9. who is a case or who is a member of a family that is a case and that has explained under sub. (6) (d) 2. how the county plans to use that portion of those moneys to promote the provision of those services for the case by using a wraparound process so as to provide those services in a flexible, comprehensive and individualized manner in order to reduce the necessity for court-ordered services. The department shall also provide application requirements and procedures for the renewal of a grant awarded under this section. The application procedures and the renewal application requirements and procedures shall be clear and understandable to the applicants. The department need not promulgate as rules under ch. 227 the application procedures, the renewal application requirements or procedures, or the method for ranking applicants established under this subsection.

AB75-ASA1, s. 1116 Section 1116. 48.983 (6) (a) 1. of the statutes is amended to read:

AB75-ASA1,553,20 48.983 (6) (a) 1. Information on how the applicant's home visitation program is comprehensive and incorporates practice standards that have been developed for home visitation programs by entities concerned with the prevention of poor birth outcomes and child abuse and neglect and that are acceptable to the department.

AB75-ASA1, s. 1117 Section 1117. 48.983 (6) (a) 2. of the statutes is amended to read:

AB75-ASA1,554,2 48.983 (6) (a) 2. Documentation that the application was developed through collaboration among public and private organizations that provide services to children and families, especially children who are at risk of child abuse or neglect and families that are at risk of poor birth outcomes, or that are otherwise interested in child welfare and a description of how that collaboration effort will support a comprehensive home visitation program.

AB75-ASA1, s. 1118 Section 1118. 48.983 (6) (a) 3. of the statutes is amended to read:

AB75-ASA1,554,7 48.983 (6) (a) 3. An identification of existing poor birth outcome and child abuse and neglect prevention services that are available to residents of the county or reservation of the Indian tribe and a description of how those services and any additional needed services will support a comprehensive home visitation program.

AB75-ASA1, s. 1119 Section 1119. 48.983 (6) (a) 4. of the statutes is amended to read:

AB75-ASA1,554,12 48.983 (6) (a) 4. An explanation of how the home visitation program will build on existing poor birth outcome and child abuse and neglect prevention programs, including programs that provide support to families, and how the home visitation program will coordinate with those programs.

AB75-ASA1, s. 1120 Section 1120. 48.983 (6) (a) 5. of the statutes is created to read:

AB75-ASA1,554,17 48.983 (6) (a) 5. An explanation of how the applicant, in collaboration with local prenatal care coordination providers, will implement strategies aimed at achieving healthy birth outcomes, as determined by performance measures prescribed by the department of health services, in the county or reservation of the Indian tribe.

AB75-ASA1, s. 1121 Section 1121. 48.983 (6) (b) 1. of the statutes is amended to read:

AB75-ASA1,555,4 48.983 (6) (b) 1. `Flexible fund for home visitation programs.' The applicant demonstrates in the application that the applicant has established, or has plans to establish, if selected, a fund from which payments totaling not more than $1,000 less than $250 per calendar year may be made for appropriate expenses of each family that is participating in the home visitation program under sub. (4) (b) 1. or that is receiving home visitation services under s. 49.45 (44). The payments shall be authorized by an individual designated by the applicant. If an applicant makes a payment to or on behalf of a family under this subdivision, one-half of the payment shall be from grant moneys received under this section and one-half of the payment shall be from moneys provided by the applicant from sources other than grant moneys received under this section.

AB75-ASA1, s. 1122 Section 1122. 48.983 (6) (b) 2. of the statutes is amended to read:

AB75-ASA1,555,19 48.983 (6) (b) 2. `Flexible fund for cases.' The applicant demonstrates in the grant application that the applicant has established, or has plans to establish, if selected, a fund from which payments totaling not more than $500 less than $250 for each case may be made for appropriate expenses related to the case. The payments shall be authorized by an individual designated by the applicant. If an applicant makes a payment to or on behalf of a person under this subdivision, one-half of the payment shall be from grant moneys received under this section and one-half of the payment shall be from moneys provided by the applicant from sources other than grant moneys received under this section. The applicant shall demonstrate in the grant application that it has established, or has plans to establish, if selected, procedures to encourage, when appropriate, a person to whom or on whose behalf payments are made under this subdivision to make a contribution to the fund described in this subdivision up to the amount of payments made to or on behalf of the person when the person's financial situation permits such a contribution.

AB75-ASA1, s. 1124 Section 1124. 48.983 (6) (d) 2. of the statutes is amended to read:

AB75-ASA1,556,4 48.983 (6) (d) 2. The applicant indicates in the grant application whether the applicant is willing to use a portion of any moneys distributed to the applicant under s. 48.565 (2) (a) to provide case management services to a medical assistance Medical Assistance beneficiary under s. 49.45 (25) (am) 9. who is a case or who is a member of a family that is a case. If the applicant is so willing, the applicant shall explain how the applicant plans to use that portion of those moneys to promote the provision of those services for the case by using a wraparound process so as to provide those services in a flexible, comprehensive and individualized manner in order to reduce the necessity for court-ordered services.

AB75-ASA1, s. 1125 Section 1125. 48.983 (6) (f) of the statutes is created to read:

AB75-ASA1,556,13 48.983 (6) (f) Reinvestment of Medical Assistance reimbursement. The applicant agrees to reinvest in the program under this section a portion of the reimbursement received by the applicant under the Medical Assistance program under subch. IV of ch. 49. The department and the applicant shall negotiate the amount of that reinvestment based on the applicant's administrative costs for billing the Medical Assistance program for reimbursement for services provided under this section and the ratio of Medical Assistance reimbursement received for those services to the amount billed to the Medical Assistance program for those services.

AB75-ASA1, s. 1126 Section 1126. 48.983 (6g) (a) of the statutes is amended to read:

AB75-ASA1,556,23 48.983 (6g) (a) Except as permitted or required under s. 48.981 (2), no person may use or disclose any information concerning any individual who is selected for an assessment under sub. (4) (b), including an individual who declines to undergo the assessment, or concerning any individual who is offered services under a home visitation program funded under this section, including an individual who declines to receive those services, unless the use or disclosure is connected with the administration of the home visitation program or the administration of the medical assistance Medical Assistance program under ss. 49.43 to 49.497 or unless the individual has given his or her written informed consent to the use or disclosure.

AB75-ASA1, s. 1127 Section 1127. 48.983 (7) (a) 1. of the statutes is amended to read:

AB75-ASA1,557,2 48.983 (7) (a) 1. The number of poor birth outcomes and substantiated reports of child abuse and neglect.

AB75-ASA1, s. 1128 Section 1128. 48.986 (4) of the statutes is amended to read:

AB75-ASA1,557,8 48.986 (4) A county may use the funds distributed under this section to fund additional foster parents, treatment foster parents, and subsidized guardians or interim caretakers to care for abused and neglected children and to fund additional staff positions to provide services related to child abuse and neglect and to unborn child abuse.

AB75-ASA1, s. 1129 Section 1129. 49.001 (5p) of the statutes is amended to read:

AB75-ASA1,557,12 49.001 (5p) "Relief block grant" means a block grant awarded to a county or tribal governing body under s. 49.025, 2009 stats., s. 49.027 or, 2009 stats., or s. 49.029, 2009 stats.

AB75-ASA1, s. 1130 Section 1130. 49.001 (7) of the statutes is repealed.

AB75-ASA1, s. 1131 Section 1131. 49.002 of the statutes is repealed.

AB75-ASA1, s. 1132 Section 1132. 49.01 of the statutes is repealed.

AB75-ASA1, s. 1133 Section 1133. 49.015 of the statutes is repealed.

AB75-ASA1, s. 1134 Section 1134. 49.02 of the statutes is repealed.

AB75-ASA1, s. 1135 Section 1135. 49.025 of the statutes is repealed.

AB75-ASA1, s. 1136 Section 1136. 49.027 of the statutes is repealed.

AB75-ASA1, s. 1137 Section 1137. 49.029 of the statutes is repealed.

AB75-ASA1, s. 1138 Section 1138. 49.031 of the statutes is repealed.

AB75-ASA1, s. 1138d Section 1138d. 49.133 (1) of the statutes is amended to read:

AB75-ASA1,557,25 49.133 (1) The person has been convicted of a felony or misdemeanor that the department or county department under s. 46.215, 46.22, or 46.23 determines substantially relates to the care of children or to the operation of a business.

AB75-ASA1, s. 1138f Section 1138f. 49.133 (4) of the statutes is created to read:

AB75-ASA1,558,5 49.133 (4) The department or county department under s. 46.215, 46.22, or 46.23 reasonably suspects that the person has intentionally and egregiously violated any provision under the program under which the payments are made or any rule related to the program.

AB75-ASA1, s. 1139 Section 1139. 49.136 (1) (m) of the statutes is amended to read:

AB75-ASA1,558,8 49.136 (1) (m) "Parent" means a parent, guardian, foster parent, treatment foster parent, legal custodian, or a person acting in the place of a parent.

AB75-ASA1, s. 1140g Section 1140g. 49.139 of the statutes is created to read:

AB75-ASA1,558,13 49.139 Emergency shelter funding. From the appropriation account under s. 20.437 (2) (f), the department shall provide $50,000 annually, beginning on October 1, 2009, to the Emergency Shelter of the Fox Valley to provide services to homeless individuals and families.

AB75-ASA1, s. 1141 Section 1141. 49.141 (1) (s) of the statutes is amended to read:

AB75-ASA1,558,22 49.141 (1) (s) "Wisconsin works Works group" means an individual who is a custodial parent, all dependent children with respect to whom the individual is a custodial parent, and all dependent children with respect to whom the individual's dependent child is a custodial parent. "Wisconsin works Works group" includes any nonmarital coparent or any spouse of the individual who resides in the same household as the individual and any dependent children with respect to whom the spouse or nonmarital coparent is a custodial parent. "Wisconsin works group" does not include any person who is receiving benefits under s. 49.027 (3) (b).

AB75-ASA1, s. 1144 Section 1144. 49.143 (2) (b) of the statutes is amended to read:

AB75-ASA1,559,10 49.143 (2) (b) Establish a children's services network. The children's services network shall provide information about community resources available to the dependent children in a Wisconsin works group, including charitable food and clothing centers; subsidized and low-income housing; transportation subsidies; the state supplemental food program for women, infants and children under s. 49.17 253.06; and child care programs. In a county having a population of 500,000 or more, a children's services network shall, in addition, provide a forum for those persons who are interested in the delivery of child welfare services and other services to children and families in the geographical area under sub. (6) served by that children's services network to communicate with and make recommendations to the providers of those services in that geographical area with respect to the delivery of those services in that area.

AB75-ASA1, s. 1147 Section 1147. 49.143 (2) (em) of the statutes is amended to read:

AB75-ASA1,559,15 49.143 (2) (em) Determine eligibility for and administer child care assistance under s. 49.155 and refer eligible families to county departments under s. 46.215, 46.22 or 46.23 for child care services, if the department contracts with the Wisconsin Works agency to do so.

AB75-ASA1, s. 1150 Section 1150. 49.145 (2) (n) 1. (intro.) of the statutes is amended to read:

AB75-ASA1,559,23 49.145 (2) (n) 1. (intro.) Except as provided in subd. 4., beginning on the date on which the individual has attained the age of 18, the total number of months in which the individual or any adult member of the individual's Wisconsin works Works group has participated in, or has received benefits under, received assistance under any of the following or any combination of the following does not exceed 60 months the federal time limit established under 42 USC 608 (a) (7), whether or not consecutive:

AB75-ASA1, s. 1151 Section 1151. 49.145 (2) (n) 1. a. of the statutes is amended to read:

AB75-ASA1,560,3 49.145 (2) (n) 1. a. The job opportunities and basic skills program under s. 49.193, 1997 stats. Active participation on or after October 1, 1996, in the job opportunities and basic skills program counts toward the 60-month time limit.

AB75-ASA1, s. 1152 Section 1152. 49.145 (2) (n) 2. of the statutes is repealed.

AB75-ASA1, s. 1153 Section 1153. 49.145 (2) (n) 4. (intro.) of the statutes is amended to read:

AB75-ASA1,560,12 49.145 (2) (n) 4. (intro.) In calculating the number of months under subds. subd. 1. and 2., a Wisconsin works Works agency shall exclude, to the extent permitted under federal law, any month during which any adult in the Wisconsin works Works group participated in any activity listed under subd. 1. a. to c. while living on a federally recognized American Indian reservation, in an Alaskan Native village or, in Indian country, as defined in 18 USC 1151, occupied by an Indian tribe, if, during that month, all of the following applied:

AB75-ASA1, s. 1155 Section 1155 . 49.145 (2) (s) of the statutes is amended to read:

AB75-ASA1,561,9 49.145 (2) (s) The individual assigns to the state any right of the individual or of any dependent child of the individual to support or maintenance from any other person, including any right to amounts accruing during the time that any assistance, as defined in 45 CFR 260.31, under Wisconsin Works benefit is paid to the individual. If a minor who is a beneficiary of any assistance under Wisconsin Works benefit is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving a benefit under Wisconsin Works that assistance, any support payment made under the judgment or order is assigned to the state during the period that the minor is a beneficiary of the Wisconsin Works benefit that assistance in the amount that is the proportionate share of the minor receiving the benefit under Wisconsin Works assistance, except as otherwise ordered by the court on the motion of a party. Amounts assigned to the state under this paragraph remain assigned to the state until the amount due to the federal government has been recovered. No amount of support that begins to accrue after the individual ceases to receive benefits assistance under Wisconsin Works may be considered assigned to this state. Except as provided in s. 49.1455, any money that is received by the department in a month under an assignment to the state under this paragraph for an individual applying for or participating in Wisconsin Works and that is not the federal share of support shall be paid to the individual applying for or participating in Wisconsin Works. The department shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.

AB75-ASA1, s. 1155c Section 1155c. 49.145 (2) (s) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB75-ASA1,562,6 49.145 (2) (s) The individual assigns to the state any right of the individual or of any dependent child of the individual to support or maintenance from any other person accruing during the time that any assistance, as defined in 45 CFR 260.31, under Wisconsin Works is paid to the individual. If a minor who is a beneficiary of any assistance under Wisconsin Works is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving that assistance, any support payment made under the judgment or order is assigned to the state during the period that the minor is a beneficiary of that assistance in the amount that is the proportionate share of the minor receiving the assistance, except as otherwise ordered by the court on the motion of a party. Amounts assigned to the state under this paragraph remain assigned to the state until the amount due to the federal government has been recovered. No amount of support that begins to accrue after the individual ceases to receive assistance under Wisconsin Works may be considered assigned to this state. Except as provided in s. 49.1455, any 75 percent of all money that is received by the department in a month under an assignment to the state under this paragraph for an individual applying for or participating in Wisconsin Works and that is not the federal share of support shall be paid to the individual applying for or participating in Wisconsin Works. The department shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.

AB75-ASA1, s. 1156 Section 1156. 49.1452 of the statutes is created to read:

AB75-ASA1,562,14 49.1452 Payment of support arrears. If an individual who formerly participated in, but is no longer participating in, Wisconsin Works assigned to the state under s. 49.145 (2) (s) his or her right or the right of any dependent child of the individual to support or maintenance from any other person, the department shall pay to the individual all money in support or maintenance arrears that is collected by the department after the individual's participation ceased and that accrued while the individual was participating in Wisconsin Works.

AB75-ASA1, s. 1157 Section 1157. 49.147 (3) (c) of the statutes is repealed.

AB75-ASA1, s. 1158 Section 1158. 49.147 (4) (as) of the statutes is amended to read:

AB75-ASA1,563,2 49.147 (4) (as) Required hours. Except as provided in pars. (at) and (av) and sub. (5m), a Wisconsin works Works agency shall require a participant placed in a community service job program to work in a community service job for the number of hours determined by the Wisconsin works Works agency to be appropriate for the participant at the time of application or review, but not to exceed 30 hours per week. Except as provided in pars. (at) and (av), a Wisconsin works agency may require a participant placed in the community service job program to participate in education or training activities for not more than 10 hours per week except that the Wisconsin Works agency may not require a participant under this subsection to spend more than 40 hours per week in combined activities under this subsection.

AB75-ASA1, s. 1160 Section 1160. 49.147 (4) (av) of the statutes is amended to read: