SB615: Bill Text

LRB-5165/4

GMM/TAY:skg/kaf:hm

1995 - 1996 LEGISLATURE

1995 Senate BILL 615

March 12, 1996 - Introduced by Senators Darling, Huelsman, Farrow, Buettner, Moore and Rosenzweig, cosponsored by Representatives Schneiders, Ladwig and Krug. Referred to Joint committee on Finance.

SB615,1,5 An Act to amend 46.40 (2); and to create 15.197 (24), 20.435 (3) (cw), 20.435 (3) (mw), 46.023, 49.45 (44) and 49.46 (2) (b) 17. of the statutes; relating to: transferring the duty and authority to provide child welfare services in Milwaukee County from the Milwaukee County department of social services to the department of health and family services and making appropriations.

Analysis by the Legislative Reference Bureau

Under current law, the Milwaukee County department of social services (Milwaukee County department) has the duty and authority to provide child welfare services in Milwaukee County. Those services include such services as receiving and investigating child abuse or neglect reports, referring children and providing court reports and permanency plans to the court assigned to exercise jurisdiction under the children's code (juvenile court) for proceedings under the children's code, providing appropriate protection or services for children and their families, licensing foster homes and treatment foster homes and placing children for adoption. The 1995-97 biennial budget act, however, requires the department of health and social services (DHSS) (to be renamed the department of health and family services (DHFS) effective on July 1, 1996), to submit to the legislature and the governor a proposal to transfer the duty and authority to provide child welfare services in Milwaukee County from the Milwaukee County department to DHFS beginning on January 1, 1998.

This bill requires or authorizes DHSS and, after July 1, 1996, DHFS to undertake certain activities before January 1, 1998, to plan and prepare for that transfer. Specifically, the bill does all of the following:

1. Directs the secretary of health and family services to submit proposed legislation to the secretary of administration by September 15, 1996, to transfer that duty and authority by no later than January 1, 1998, including proposed legislation to provide funding for DHFS to provide those services in an amount that is not less than the amount expended by the Milwaukee County department in 1995 for those services and proposed legislation to amend all specific statutory provisions that currently authorize or require the Milwaukee County department to provide those services so as to transfer that authority and duty to DHFS by no later than January 1, 1998.

2. Requires DHSS and, beginning on July 1, 1996, DHFS to plan and develop a system for providing those services and undertake, or contract for the undertaking of, any other activities that may be necessary for assuming that duty and authority. The bill requires the system developed to be a neighborhood-based system consisting of 5 service delivery sites in Milwaukee County, each of which must have a community advisory council to provide a forum for communication for persons who are interested in child welfare services in the neighborhood.

3. Authorizes DHSS and, beginning on July 1, 1996, DHFS, to request proposals or bids and enter into contracts as necessary for assuming that duty and authority.

4. Provides funding and positions beginning on July 1, 1996, for DHFS to conduct the activities specified in items 1 to 3, above.

5. Creates a Milwaukee child welfare partnership council to make recommendations to DHFS and the legislature with respect to policies and plans for the improvement of the child welfare system in Milwaukee County, evaluating the effectiveness of that child welfare system, funding priorities for that child welfare system and innovative public and private funding opportunities for that child welfare system and to advise DHFS in planning, and providing technical assistance and capacity building to support, a neighborhood-based system for the delivery of those child welfare services.

The bill also provides medical assistance coverage for care coordination services to a medical assistance recipient if that recipient is a pregnant woman, a woman with a child 6 years of age or younger or a child who is 6 years of age or younger and if the recipient is a resident of Milwaukee County.

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:

SB615, s. 1 Section 1. 15.197 (24) of the statutes is created to read:

SB615,2,5 15.197 (24) Milwaukee child welfare partnership council. (a) There is created a Milwaukee child welfare partnership council, attached to the department of health and social services under s. 15.03. The council shall consist of the following members:

SB615,3,2 1. Three members of the Milwaukee County board nominated by the Milwaukee County executive.

SB615,3,4 2. One representative to the assembly appointed by the speaker of the assembly.

SB615,3,6 3. One representative to the assembly appointed by the minority leader of the assembly.

SB615,3,7 4. One senator appointed by the president of the senate.

SB615,3,8 5. One senator appointed by the minority leader of the senate.

SB615,3,9 6. Ten members who are residents of this state.

SB615,3,11 7. Two members nominated by the community advisory committees established under s. 46.023 (2).

SB615,3,13 (b) Notwithstanding s. 15.09 (2), the governor shall designate one of the members appointed under par. (a) 6. as chairperson of the council.

SB615,3,15 (c) The members of the council appointed under par. (a) 1., 6. and 7. shall be appointed for 3-year terms.

SB615, s. 2 Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB615, s. 3 Section 3. 20.435 (3) (cw) of the statutes is created to read:

SB615,4,4 20.435 (3) (cw) Child welfare services in Milwaukee County. The amounts in the schedule for activities under 1995 Wisconsin Act .... (this act), section 9127 (1), relating to the assumption by the department of the duty and authority to provide child welfare services in Milwaukee County.

SB615, s. 4 Section 4. 20.435 (3) (mw) of the statutes is created to read:

SB615,4,10 20.435 (3) (mw) Federal aid; child welfare services in Milwaukee County. All federal moneys received for activities under 1995 Wisconsin Act .... (this act), section 9127 (1), relating to the assumption by the department of the duty and authority to provide child welfare services in Milwaukee County, to carry out the purposes for which received.

SB615, s. 5 Section 5. 46.023 of the statutes is created to read:

SB615,4,14 46.023 Milwaukee child welfare partnership council and advisory committees. (1) Milwaukee child welfare partnership council; duties. The Milwaukee child welfare partnership council shall do all of the following:

SB615,4,17 (a) Formulate suggested policies and plans for the improvement of the child welfare system in Milwaukee County and make recommendations with respect to those policies and plans to the department and the legislature.

SB615,4,21 (b) Formulate suggested measures for evaluating the effectiveness of the child welfare system in Milwaukee County, including outcome measures, and make recommendations with respect to those measures to the department and the legislature.

SB615,4,24 (c) Formulate suggested funding priorities for the child welfare system in Milwaukee County and make recommendations with respect to those funding priorities to the department and the legislature.

SB615,5,3 (d) Identify innovative public and private funding opportunities for the child welfare system in Milwaukee County and make recommendations with respect to those funding opportunities to the department and the legislature.

SB615,5,6 (e) Advise the department in planning, and providing technical assistance and capacity building to support, a neighborhood-based system for the delivery of child welfare services in Milwaukee County.

SB615,5,16 (2) Milwaukee child welfare community advisory committees. The department shall establish community advisory committees for each of the 5 neighborhood-based child welfare service delivery sites planned for Milwaukee County under 1993 Wisconsin Act .... (this act), section 9127 (1) (b) . Each committee shall provide a forum for communication for those persons who are interested in the delivery of child welfare services in the neighborhood to be served by the service delivery site. Any committee established under this subsection shall continue in existence after the establishment of the service delivery site to make recommendations to the department with respect to the delivery of child welfare services in the neighborhood served by the delivery site.

SB615, s. 6 Section 6. 46.40 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 2281s, is amended to read:

SB615,5,22 46.40 (2) Basic county allocation. For social services under s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not more than $292,368,400 for fiscal year 1995-96 and $292,109,500 $291,349,200 for fiscal year 1996-97.

SB615, s. 7 Section 7. 49.45 (44) of the statutes is created to read:

SB615,6,5 49.45 (44) Care coordination. An agency that is certified as a medical assistance provider in Milwaukee County may elect to become certified by the department as a provider of care coordination services. If the agency elects to become certified as a provider of care coordination services, the agency may provide care coordination services to a medical assistance recipient who is a resident of Milwaukee County, has received a risk assessment approved by the department and meets any of the following conditions:

SB615,6,6 (a) The recipient is pregnant.

SB615,6,7 (b) The recipient has a child who is 6 years of age or younger.

SB615,6,8 (c) The recipient is a child who is 6 years of age or younger.

SB615, s. 8 Section 8. 49.46 (2) (b) 17. of the statutes is created to read: