938.235 (4) (b) The court shall order the agency identified under s. 938.355 (2) (b) 1. 938.33 (1) (c) as primarily responsible for the provision of services to notify the guardian ad litem, if any, regarding actions to be taken under par. (a).
SECTION 30. 938.315 (2m) (a) of the statutes is amended to read:
938.315 (2m) (a) The court making an initial finding under s. 938.21 (5) (b) 1. or 1m., 938.355 (2) (b) 6., or 938.357 (2v) (a) 1. that reasonable efforts have been made to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, or an initial finding under s. 938.21 (5) (b) 3., 938.355 (2) (b) 6r., or 938.357 (2v) (a) 3. that those efforts were not required to be made because a circumstance specified in s. 938.355 (2d) (b) 1. to 4. applies, more than 60 days after the date on which the juvenile was removed from the home.
SECTION 31. 938.32 (1) (c) 1. d. of the statutes is created to read:
938.32 (1) (c) 1. d. If the juvenile's placement or other living arrangement is under the supervision of the county department, an order ordering the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and assigning the county department primary responsibility for providing services to the juvenile.
SECTION 32. 938.355 (2) (b) 1. of the statutes is amended to read:
938.355 (2) (b) 1. The specific services or continuum of services to be provided to the juvenile and the juvenile's family, the identity of the agencies that are primarily responsible for the provision of the services, the identity of the person or agency that will provide case management or coordination of services, if any, and, if custody is to be transferred to effect the treatment plan, the identity of the legal custodian.
SECTION 33. 938.355 (2) (b) 6g. of the statutes is created to read:
938.355 (2) (b) 6g. If the juvenile is placed outside the home under the supervision of the county department, an order ordering the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and assigning the county department primary responsibility for providing services to the juvenile.
SECTION 34. 938.355 (6) (d) 1. of the statutes is amended to read:
938.355 (6) (d) 1. Placement of the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.
SECTION 35. 938.355 (6m) (a) 1g. of the statutes is amended to read:
938.355 (6m) (a) 1g. Placement of the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the department by rule or in a place of nonsecure custody, for not more than 10 days and the provision of educational services consistent with his or her current course of study during the period of placement. The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this subdivision for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed. The use of placement in a secure detention facility or in a juvenile portion of a county jail as a sanction under this subdivision is subject to the adoption of a resolution by the county board of supervisors under s. 938.06 (5) authorizing the use of those placements as a sanction. If the court orders placement of the juvenile in a place of nonsecure custody under the supervision of the county department, the court shall order the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the juvenile.
SECTION 36. 938.357 (1) (am) 3. of the statutes is amended to read:
938.357 (1) (am) 3. If the court changes the juvenile's placement from a placement outside the home to another placement outside the home, the change in placement order shall contain one of the statements the applicable order under sub. (2v) (a) 1m. and the applicable statement under sub. (2v) (a) 2.
SECTION 37. 938.357 (1) (c) 3. of the statutes is amended to read:
938.357 (1) (c) 3. If the court changes the juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the change in placement order shall contain the findings under sub. (2v) (a) 1., one of the statements the applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., and, if in addition the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the determination under sub. (2v) (a) 3.
SECTION 38. 938.357 (2m) (c) of the statutes is amended to read:
938.357 (2m) (c) In-home to out-of-home placement; findings Findings required. If the court changes the juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the change in placement order shall contain the findings under sub. (2v) (a) 1., one of the statements the applicable order under sub. (2v) (a) 1m., the applicable statement under sub. (2v) (a) 2., and, if in addition the court finds that any of the circumstances under s. 938.355 (2d) (b) 1. to 4. applies with respect to a parent, the determination under sub. (2v) (a) 3. If the court changes the juvenile's placement from a placement outside the home to another placement outside the home, the change in placement order shall contain the applicable order under sub. (2v) (a) 1m. and the applicable statement under sub. (2v) (a) 2.
SECTION 39. 938.357 (2v) (a) 1m. of the statutes is created to read:
938.357 (2v) (a) 1m. If the change in placement order changes the placement of a juvenile who is under the supervision of the county department to a placement outside the juvenile's home, whether from a placement in the home or from another placement outside the home, an order ordering the juvenile into, or to be continued in, the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and assigning the county department primary responsibility, or continued primary responsibility, for providing services to the juvenile.
SECTION 40. 938.38 (2) (intro.) of the statutes is amended to read:
938.38 (2) PERMANENCY PLAN REQUIRED. (intro.) Except as provided in sub. (3), for each juvenile living in a foster home, treatment foster home, group home, residential care center for children and youth, juvenile detention facility, or shelter care facility, the agency that placed the juvenile or arranged the placement or the agency assigned primary responsibility for providing services to the juvenile under s. 938.355 (2) (b) 6g. shall prepare a written permanency plan, if any of the following conditions exists, and, for each juvenile living in the home of a relative other than a parent, that agency shall prepare a written permanency plan, if any of the conditions under pars. (a) to (e) exists:
SECTION 9321. Initial applicability; Health and Family Services.
(1) OUT-OF-HOME PLACEMENTS OF CHILDREN.
(a) Juvenile court reports. The treatment of section 48.425 (1) (c) of the statutes first applies to reports filed with the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes on the effective date of this paragraph.
(b) Orders placing child outside home. The treatment of sections 48.21 (5) (c), 48.235 (4) (b) and (4m) (b), 48.355 (2) (b) 1. and 6g., 48.357 (1) (am) 3. and (c) 3., (2m) (c), and (2v) (a) 1m., 48.38 (2) (intro.), 48.417 (2) (c), 48.43 (1) (am) and (cm), 767.41 (3) (a) (with respect to transferring legal custody of a child to the department of health and family services) and (am), 767.451 (7) (with respect to transferring legal custody of a child to the department of health and family services), 938.21 (5) (c), 938.235 (4) (b), 938.32 (1) (c) 1. d., 938.355 (2) (b) 1. and 6g., (6) (d) 1., and (6m) (a) 1g., 938.357 (1) (am) 3. and (c) 3., (2m) (c), and (2v) (a) 1m., and 938.38 (2) (intro.) of the statutes, the renumbering and amendment of sections 48.21 (5) (b) 1., 48.32 (1) (b) 1., and 938.21 (5) (b) 1. of the statutes and the creation of sections 48.21 (5) (b) 1. d., 48.32 (1) (b) 1. d., and 938.21 (5) (b) 1. d. of the statutes first apply to court orders granted on the effective date of this paragraph.
****NOTE: This is reconciled SECTION 9321 (1) (b). This SECTION has been affected by drafts with the following LRB numbers: LRB-0261 and LRB-1261.
(c) Voluntary agreements placing child outside home. The treatment of sections 48.63 (1) and 48.75 (1g) (c) 1. of the statutes first applies to voluntary agreements placing a child outside the home entered into on the effective date of this paragraph.
(End)
LRB-0262LRB-0262/1
GMM:kjf:jf
2007 - 2008 LEGISLATURE
DOA:......Dombrowski, BB0070 - TEACH--Expand use of e-rate funds
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
education
Other educational and cultural agencies
Under current law, DOA administers an Educational Telecommunications Access Program under which DOA provides, or contracts for provision of, Internet access and two-way interactive video links to educational agencies. Under that program, an educational agency is charged a monthly fee for that access, and any costs incurred by DOA that exceed that monthly fee are paid from the universal service fund, which is a separate trust fund that consists of contributions made by certain telecommunications providers and that is used to promote universal access to telecommunications services (universal service). In addition, DOA receives aid from a federal program that supports universal service, commonly referred to as the E-Rate Program, that DOA uses to pay administrative expenses, to reimburse the Building Commission for public debt incurred in providing educational technology infrastructure to school districts and public libraries (public debt), and to provide additional educational telecommunications access to educational agencies that are eligible for a rate discount under the E-Rate Program, specifically, public or private elementary and secondary schools and public libraries.
This bill permits DOA to use moneys received under the E-Rate Program (E-Rate funds) to make payments to telecommunications providers that provide educational telecommunications access to educational agencies that are eligible for a rate discount under the E-Rate Program. DOA may use E-Rate funds to make those payments, however, only to the extent that sufficient E-Rate funds for the provision of that access are available after payment of administrative expenses and reimbursement of the Building Commission for public debt.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.505 (4) (mp) of the statutes is amended to read:
20.505 (4) (mp) Federal e-rate aid. All federal moneys received under 47 USC 254 for the provision of educational telecommunications access to educational agencies under s. 16.997 to pay administrative expenses relating to the receipt and disbursement of those federal moneys and, to reimburse pars. (es) and (et) as provided in s. 16.995 (3m), and, to the extent that sufficient moneys for the provision of that access are available after payment of those expenses and that reimbursement, to make payments to telecommunications providers that under contracts under s. 16.971 (13), (14), (15), or (16) provide that access to educational agencies that are eligible for a rate discount for telecommunications services under 47 USC 254; and all federal moneys received under 47 USC 254 for the provision of additional educational telecommunications access to educational agencies under s. 16.998 to reduce the rates charged those educational agencies for those services as provided in s. 16.998.
(End)
LRB-0263LRB-0263/4
PJK:wlj:pg
2007 - 2008 LEGISLATURE
DOA:......Pink, BB0010 - Eliminate MA outpatient prescription drug coverage for dual eligibles
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: prescription drug coverage under Medical Assistance.
Analysis by the Legislative Reference Bureau
Health and human services
Medical Assistance
Under current law, DHFS administers the Medical Assistance (MA) program, under which eligible individuals, generally low-income, elderly, or disabled, receive health care benefits. Some individuals who are eligible for MA are also eligible for Medicare Part D, which is the portion of the federal health insurance program for individuals who are, generally, 65 years of age or older or disabled that provides prescription drug coverage. Enrollment in Medicare Part D is voluntary. Not all Part D plans in which individuals may enroll cover all of the prescription drugs that may be covered under Medicare Part D.
This bill provides that, for an individual who is eligible for both MA and Medicare Part D, benefits under MA do not include payment for any prescription drug for which there may be coverage under Medicare Part D, regardless of whether the individual is enrolled in Medicare Part D and, if he or she is enrolled, regardless of whether the individual's Part D plan covers the drug. Thus, to have coverage for a prescription drug for which Medicare Part D may provide coverage, an individual who is eligible for both MA and Medicare Part D must enroll in Medicare Part D in a Part D plan that covers the drug; MA will not cover it.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.46 (2) (b) (intro.) of the statutes is amended to read:
49.46 (2) (b) (intro.) Except as provided in par. pars. (be) and (dc), the department shall audit and pay allowable charges to certified providers for medical assistance on behalf of recipients for the following services:
SECTION 2. 49.46 (2) (dc) of the statutes is created to read:
49.46 (2) (dc) For an individual who is eligible for medical assistance and who is eligible for coverage under Part D of Medicare under 42 USC 1395w-101 et seq., benefits under par. (b) 6. h. do not include payment for any Part D drug, as defined in 42 CFR 423.100, regardless of whether the individual is enrolled in Part D of Medicare or whether, if the individual is enrolled, his or her Part D plan, as defined in 42 CFR 423.4, covers the Part D drug.
SECTION 3. 49.47 (6) (a) 1. of the statutes is amended to read:
49.47 (6) (a) 1. Except as provided in subds. 6. to 7., all beneficiaries, for all services under s. 49.46 (2) (a) and (b), subject to s. 49.46 (2) (dc).
(End)
LRB-0264LRB-0264/1
PJK:kjf:sh
2007 - 2008 LEGISLATURE
DOA:......Jablonsky, BB0017 - Tribal relief block grant
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: tribal relief block grant use.
Analysis by the Legislative Reference Bureau
Health and human services
Public assistance
Under current law, DHFS provides relief block grant moneys to counties and tribal governing bodies for providing assistance in the form of health care services to persons who meet the criteria for dependency. Health care services are defined as reasonable and necessary emergency and nonemergency medical, surgical, dental, hospital, nursing, and optometric services. Tribal governing bodies are also authorized to provide treatment for alcohol and other drug abuse with relief block grant moneys. This bill adds mental health services to the types of health care services that tribal governing bodies may provide with relief block grant moneys.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.029 (3) of the statutes is amended to read:
49.029 (3) USE OF RELIEF BLOCK GRANT FUNDS. A tribal governing body may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons. Notwithstanding s. 49.01 (2g), health care services may include treatment services for alcohol and other drug abuse and mental health services.
(End)
LRB-0265LRB-0265/3
PJK:jld:rs
2007 - 2008 LEGISLATURE
DOA:......Pink, BB0011 - Citizenship and identity documentation
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: requiring documentary evidence of U.S. citizenship or nationality for Medical Assistance eligibility.
Analysis by the Legislative Reference Bureau
Health and human services
Public assistance
Under current law, as a condition of eligibility for Wisconsin Works, Medical Assistance (MA), or the food stamp program, a person who applies for any of those programs must provide a declaration of citizenship or satisfactory immigration status and may be required to provide additional verification of citizenship or satisfactory immigration status. Wisconsin Works, MA, and the food stamp program are public assistance programs that provide cash benefits and job assistance, medical care, or assistance with food purchases to low-income persons who satisfy other eligibility criteria generally relating to age, pregnancy, or disability.
Federal law now provides that no federal financial participation will be provided to a state for MA expenditures made on behalf of a person who declares that he or she is a citizen or national of the United States unless the person presents satisfactory documentary evidence of citizenship or nationality. Federal law specifies the documentary evidence that is satisfactory and certain exemptions to the requirement based on the basis of the person's eligibility for MA.
This bill provides that, with some exceptions, as a condition of eligibility for MA, Badger Care, or Senior Care an applicant or recipient who declares himself or herself to be a United States citizen or national must provide satisfactory documentary evidence that he or she is a citizen or national. An applicant must provide the documentation at the time of application and a recipient who was not required to provide documentation when he or she applied must provide the documentation at his or her first eligibility review after the bill is enacted. The bill provides that satisfactory documentation consists of those documents and other forms of evidence specified under federal law.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
