AB100: Bill Text

AB100, s. 1405 Section 1405. 46.023 (1) of the statutes is renumbered 46.023, and 46.023 (intro.), as renumbered, is amended to read:

AB100,662,22 46.023 (title) Milwaukee child welfare partnership council and advisory committees. (intro.) The Milwaukee child welfare partnership council shall do all of the following:

AB100, s. 1406 Section 1406. 46.023 (2) of the statutes is repealed.

AB100, s. 1407 Section 1407. 46.03 (7) (bm) of the statutes is amended to read:

AB100,663,12 46.03 (7) (bm) Maintain a file containing records of artificial inseminations under s. 891.40 and records of declarations of paternal interest under s. 48.025 and of statements acknowledging paternity under s. 69.15 (3) (b). The department shall release these records only upon an order of the court except that the department may use nonidentifying information concerning artificial inseminations for the purpose of compiling statistics and except that records relating to declarations of paternal interest and statements acknowledging paternity shall be released to the department of industry, labor and job development or its designee a county child support agency under s. 59.07 (97) 59.53 (5) without a court order upon the request of the department of industry, labor and job development or its designee a county child support agency under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or by any other person with a direct and tangible interest in the record.

AB100, s. 1408 Section 1408. 46.03 (7) (e) of the statutes is created to read:

AB100,663,17 46.03 (7) (e) Administer child welfare services as described in s. 48.48 (17) in a county having a population of 500,000 or more. The requirement of statewide uniformity with respect to the organization and governance of human services does not apply to the administration of child welfare services under this paragraph.

AB100, s. 1409 Section 1409. 46.03 (21) of the statutes is repealed.

AB100, s. 1410 Section 1410. 46.03 (38) of the statutes is repealed.

AB100, s. 1411 Section 1411. 46.034 (3) of the statutes is amended to read:

AB100,664,18 46.034 (3) With the agreement of the affected county board of supervisors in a county with a single-county department or boards of supervisors in counties with a multicounty department, effective for the contract period beginning January 1, 1980, the department may approve a county with a single-county department or counties participating in a multicounty department to administer a single consolidated aid consisting of the state and federal financial aid available to that county or those counties from appropriations under s. 20.435 (3) (nL) and (7) (b), (kw) and (o) for services provided and purchased by county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437. Under such an agreement, in the interest of improved service coordination and effectiveness, the county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department may reallocate among county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 funds that otherwise would be specified for use by a single county department. The budget under s. 46.031 (1) shall be the vehicle for expressing the proposed use of the single consolidated fund by the county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department. Approval by the department of this use of the fund shall be in the contract under s. 46.031 (2g). Counties that were selected by the department to pilot test consolidated aids for contract periods beginning January 1, 1978, may continue or terminate consolidation with the agreement of the affected county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department.

AB100, s. 1412 Section 1412. 46.036 (4) (c) of the statutes is renumbered 46.036 (4) (c) (intro.) and amended to read:

AB100,665,3 46.036 (4) (c) (intro.) Unless waived by the department, biennially, or annually if required under federal law, provide the purchaser with a certified financial and compliance audit report if the care and services purchased exceed $25,000 $50,000. The audit shall follow standards that the department prescribes. A purchaser may waive the requirements of this paragraph for any family-operated group home, as defined under par. (a), from which it purchases services. If any of the following applies, the department may require an audit report from a provider for which care and services purchased do not exceed $50,000:

AB100, s. 1413 Section 1413. 46.036 (4) (c) 1. to 3. of the statutes are created to read:

AB100,665,7 46.036 (4) (c) 1. The department has not previously contracted with the provider and an audit report would indicate whether the provider is meeting standards for sound financial management practices.

AB100,665,10 2. The department has evidence that the provider has previously experienced significant difficulties in meeting financial management practice or program requirements.

AB100,665,11 3. The receipt of federal funds is contingent upon provision of an audit report.

AB100, s. 1414 Section 1414. 46.036 (5m) (e) of the statutes is amended to read:

AB100,665,24 46.036 (5m) (e) Notwithstanding this subsection, the department or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 that purchases care and services from an inpatient alcohol and other drug abuse treatment program that is not affiliated with a hospital and that is licensed as a community-based residential facility, may allocate to the program an amount that is equal to the amount of revenues received by the program that are in excess of the allowable costs incurred in the period of a contract between the program and the department or the county department for purchase of care and services under this section. The department or the county department may make the allocation under this paragraph only if the funds so allocated do not reduce any amount of unencumbered state aid to the department or the county department that otherwise would lapse to the general fund.

AB100, s. 1415 Section 1415. 46.037 (1m) of the statutes is amended to read:

AB100,666,11 46.037 (1m) Notwithstanding sub. (1), the department, a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 or, a group of those county departments, or the department and one or more of those county departments, and a residential child care center or group home, as described in sub. (1), may negotiate a per client rate for the services of that residential child care center or group home, if the department, that county department or, the county departments in that group of county departments, or the department and one or more of those county departments, agree to place 75% or more of the residents of that residential child care center or group home during the period for which that rate is effective. A residential child care center or group home that negotiates a per client rate under this subsection shall charge that rate to all purchasers of its services.

AB100, s. 1416 Section 1416. 46.057 (1) of the statutes is amended to read:

AB100,667,5 46.057 (1) The department shall establish, maintain and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. Notwithstanding ss. 301.02, 301.03 and 301.36 (1), the department shall operate the Mendota juvenile treatment center as a secured correctional facility, as defined in s. 938.02 (15m). The center shall not be considered a hospital, as defined in s. 50.33 (2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center shall provide psychological and psychiatric evaluations and treatment for juveniles whose behavior presents a serious problem to themselves or others in other secured correctional facilities and whose mental health needs can be met at the center. With the approval of the department of health and family services, the department of corrections may transfer to the center any juvenile who has been placed in a secured correctional facility under the supervision of the department of corrections under s. 938.183 (2), 938.34 (4h) or (4m) or 938.357 (4) or (5) (e) in the same manner that the department of corrections transfers juveniles between other secured correctional facilities.

AB100, s. 1417 Section 1417. 46.057 (2) of the statutes is amended to read:

AB100,667,14 46.057 (2) From the appropriation account under s. 20.410 (3) (hm), the department of corrections may expend not more than $2,500,000 in fiscal year 1996-97 shall transfer to the appropriation account under s. 20.435 (2) (kx) $3,125,100 in fiscal year 1997-98 and $3,236,200 in fiscal year 1998-99 for services for juveniles placed at the Mendota juvenile treatment center. The department of health and family services may charge the department of corrections not more than the actual cost of providing those services for juveniles under the supervision of the department of corrections who are provided services at the center.

AB100, s. 1418 Section 1418. 46.07 of the statutes is amended to read:

AB100,668,7 46.07 Property of patients or residents. All money including wages and other property delivered to an officer or employe of any institution for the benefit of a patient or resident shall forthwith be delivered to the steward, who shall enter the same upon the steward's books to the credit of the patient or resident. The property shall be used only under the direction and with the approval of the superintendent and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 or the benefit of the patient or resident. If the money remains uncalled for for one year after the patient's or resident's death or departure from the institution, the superintendent shall deposit the same in the general fund. If any patient or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property, and the proceeds shall be deposited in the general fund. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (c).

AB100, s. 1419 Section 1419. 46.10 (1) of the statutes is amended to read:

AB100,668,13 46.10 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 48.355 (2) (b) 4., 48.357 (5m), or 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) or ch. 767.

AB100, s. 1420 Section 1420. 46.10 (2) of the statutes is amended to read:

AB100,669,17 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 938.183 (2), 938.34 (4h) or (4m), 938.357 (4) and (5) (e), 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.73, and any person receiving treatment and services from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

AB100, s. 1421 Section 1421. 46.10 (14) (b) of the statutes is amended to read:

AB100,670,2 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355, or 48.357, 938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, or child caring institution or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department of industry, labor and job development under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under s. 46.247.

AB100, s. 1422 Section 1422. 46.10 (14) (e) 1. of the statutes is amended to read:

AB100,670,11 46.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m), or 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108 and other money due or to be due in the future to the county department under s. 46.215, 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

AB100, s. 1423 Section 1423. 46.10 (14) (e) 1. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,670,21 46.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m) or 48.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108 and other money due or to be due in the future to the county department under s. 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

AB100, s. 1424 Section 1424. 46.17 (1) of the statutes is amended to read:

AB100,671,2 46.17 (1) The department shall fix reasonable standards and regulations for the design, construction, repair and maintenance of county homes, county infirmaries, county hospitals, county mental health facilities, county child caring institutions and county shelter care facilities, with respect to their adequacy and fitness for the needs which they are to serve.

AB100, s. 1425 Section 1425. 46.20 (1) of the statutes is amended to read:

AB100,671,12 46.20 (1) Any 2 or more counties may jointly, by majority vote of all the members of each county board, provide for a county home, infirmary, hospital, tuberculosis hospital or sanatorium, or similar institution, or county child caring institution or juvenile detention home, which shall be established, maintained and operated pursuant to all the statutes relating to the establishment, maintenance and operation of similar institutions, respectively, by any single county whose population is less than 250,000, except as otherwise provided in this section; and in all respects, except as herein specified, each such institution shall be the county institution of each of the counties so joining.

AB100, s. 1426 Section 1426. 46.21 (1) (d) of the statutes is amended to read:

AB100,671,20 46.21 (1) (d) "Human services" means the total range of services to people, including mental illness treatment, developmental disabilities services, physical disabilities services, relief funded by a relief block grant under ch. 49, income maintenance, youth probation, community supervision and parole services, alcohol and drug abuse services, services to children, youth and families, family counseling, exceptional educational services for children from birth to the age of 3 and manpower services.

AB100, s. 1427 Section 1427. 46.21 (1) (d) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,672,5 46.21 (1) (d) "Human services" means the total range of services to people, including mental illness treatment, developmental disabilities services, physical disabilities services, relief funded by a relief block grant under ch. 49, income maintenance, youth probation, community supervision and parole services, alcohol and drug abuse services, services to children, youth and families, family counseling, exceptional educational services for children from birth to the age of 3 and manpower services. "Human services" does not include child welfare services under s. 48.48 (17) administered by the department in a county having a population of 500,000 or more.

AB100, s. 1428 Section 1428. 46.21 (2) (a) of the statutes is amended to read:

AB100,672,16 46.21 (2) (a) Shall adopt policies for the management, operation, maintenance and improvement of the county hospital; the detention center; the probation section of the children's court center; the provision and maintenance of the physical facilities for the children's court and its intake section under the supervision and operation of the judges assigned to exercise jurisdiction under chs. 48 and 938 and as provided in ss. 48.06 (1) and s. 938.06 (1); the mental health complex; the county department of human services; the central service departments; and all buildings and land used in connection with any institution under this section. The powers and duties of the county board of supervisors are policy forming only, and not administrative or executive.

AB100, s. 1429 Section 1429. 46.21 (5) (b) of the statutes is amended to read:

AB100,672,19 46.21 (5) (b) Sections 46.10, 49.08, 49.90, 301.12 and 767.42 govern the support and maintenance of persons in any of the institutions specified in sub. (2) (a).

AB100, s. 1430 Section 1430. 46.215 (1) (intro.) of the statutes is amended to read:

AB100,673,5 46.215 (1) Creation; powers and duties. (intro.) In a county with a population of 500,000 or more the administration of welfare services, other than child welfare services under s. 48.48 (17) administered by the department, is vested in a county department of social services under the jurisdiction of the county board of supervisors under s. 46.21 (2m) (b) 1. a. Any reference in any law to a county department of social services under this section applies to a county department under s. 46.21 (2m) in its administration under s. 46.21 (2m) of the powers and duties of the county department of social services. The county department of social services shall have the following functions, duties and powers, and such other welfare functions as may be delegated to it:

AB100, s. 1431 Section 1431. 46.215 (1) (h) of the statutes is amended to read:

AB100,673,11 46.215 (1) (h) To administer child welfare services under ss. 48.56 and 48.57 and juvenile welfare services under s. 938.57,; and, if contracted to do so by the department, to accept custody and guardianship of children upon the order of a competent court and, to place children for adoption and to make recommendations relating to the adoption of children under s. 48.85.

AB100, s. 1432 Section 1432. 46.215 (1) (i) of the statutes is amended to read:

AB100,673,15 46.215 (1) (i) To make such investigations as are provided for in s. 48.88 (2) (a) and (c), if contracted to do so by the department and if the court having jurisdiction so directs.

AB100, s. 1433 Section 1433. 46.215 (1g) of the statutes is renumbered 46.215 (1g) (intro.) and amended to read:

AB100,673,22 46.215 (1g) (title) Administration of food stamps for participants in by a Wisconsin works agency. (intro.) The Wisconsin works agency, as defined in s. 49.001 (9), shall, to the extent permitted by federal law, certify eligibility for and distribute, if determined eligible, issue food coupons under s. 49.143 (2) (e) to eligible participants to all of the following:

AB100,673,23 (a) Participants in the Wisconsin works program under subch. III of ch. 49.

AB100, s. 1434 Section 1434. 46.215 (1g) (b) of the statutes is created to read:

AB100,674,5 46.215 (1g) (b) Persons who may be required to participate in the food stamp employment and training program under s. 49.124 (1m), if the department of industry, labor and job development has contracted with the Wisconsin works agency to administer the food stamp employment and training program under s. 49.124 (1m).

AB100, s. 1435 Section 1435. 46.215 (1g) (c) of the statutes is created to read:

AB100,674,8 46.215 (1g) (c) Other persons who are under the age of 61 and who are not disabled, as defined by the department.

AB100, s. 1436 Section 1436. 46.215 (2) (c) 1. of the statutes is amended to read:

AB100,674,21 46.215 (2) (c) 1. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for care and services to be purchased, except for care and services under subch. III of ch. 49 or s. 301.08 (2). The department of health and family services may review the contracts and approve them if they are consistent with s. 46.036 and if state or federal funds are available for such purposes. The joint committee on finance may require the department of health and family services to submit the contracts to the committee for review and approval. The department of health and family services may not make any payments to a county for programs included in a contract under review by the committee. The department of health and family services shall reimburse each county for the contracts from the appropriations under s. 20.435 (3) (oo) and (7) (b) and (o) or under s. 20.435 (3) (cd), as appropriate, under s. 46.495.

AB100, s. 1437 Section 1437. 46.215 (2) (c) 3. of the statutes is amended to read:

AB100,675,7 46.215 (2) (c) 3. A county department of social services shall develop, under the requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related care and services to be purchased. The department of corrections may review the contracts and approve them if they are consistent with s. 301.08 (2) and if state or federal funds are available for such purposes. The joint committee on finance may require the department of corrections to submit the contracts to the committee for review and approval. The department of corrections may not make any payments to a county for programs included in a contract under review by the committee. The department of corrections shall reimburse each county for the contracts from the appropriations under s. 20.410 (3) (cd) and (oo) (ko) as appropriate.

AB100, s. 1438 Section 1438. 46.22 (1) (c) 2. of the statutes is amended to read:

AB100,675,18 46.22 (1) (c) 2. Subdivision 1. does not authorize the county department of social services to make investigations regarding admission to or release from the Waupun correctional institution, the Columbia correctional institution, the Racine correctional institution, the Racine Youthful Offender Correctional Facility, the correctional institution authorized under s. 301.046 (1), the correctional institution authorized under s. 301.048 (4) (b), the correctional institution authorized under s. 301.16 (1n), the Oshkosh correctional institution, the Green Bay correctional institution, the Dodge correctional institution, the Taycheedah correctional institution, county houses of correction, jails, detention homes or reforestation camps.

AB100, s. 1439 Section 1439. 46.22 (1) (e) 3. a. of the statutes is amended to read:

AB100,676,6 46.22 (1) (e) 3. a. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for care and services, except under subch. III of ch. 49 and s. 301.08 (2), to be purchased. The department of health and family services may review the contracts and approve them if they are consistent with s. 46.036 and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of health and family services to submit the contracts to the committee for review and approval. The department of health and family services may not make any payments to a county for programs included in the contract that is under review by the committee. The department of health and family services shall reimburse each county for the contracts from the appropriations under s. 20.435 (3) (oo) and (7) (b) and (o) or under s. 20.435 (3) (cd), according to s. 46.495.

AB100, s. 1440 Section 1440. 46.22 (1) (e) 3. c. of the statutes is amended to read:

AB100,676,18 46.22 (1) (e) 3. c. A county department of social services shall develop, under the requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related care and services to be purchased. The department of corrections may review the contracts and approve them if they are consistent with s. 301.08 (2) and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of corrections to submit the contracts to the committee for review and approval. The department of corrections may not make any payments to a county for programs included in the contract that is under review by the committee. The department of corrections shall reimburse each county for the contracts from the appropriations under s. 20.410 (3) (cd) and (oo) (ko) as appropriate.

AB100, s. 1441 Section 1441. 46.22 (1g) of the statutes is renumbered 46.22 (1g) (intro.) and amended to read:

AB100,676,25 46.22 (1g) (title) Administration of food stamps for participants in by a Wisconsin works agency. (intro.) The Wisconsin works agency, as defined in s. 49.001 (9), shall, to the extent permitted by federal law, certify eligibility for and distribute, if determined eligible, issue food coupons under s. 49.143 (2) (e) to eligible participants to all of the following:

AB100,677,1 (a) Participants in the Wisconsin works program under subch. III of ch. 49.

AB100, s. 1442 Section 1442. 46.22 (1g) (b) of the statutes is created to read:

AB100,677,7 46.22 (1g) (b) Persons who may be required to participate in the food stamp employment and training program under s. 49.124 (1m), if the department of industry, labor and job development has contracted with the Wisconsin works agency to administer the food stamp employment and training program under s. 49.124 (1m).

AB100, s. 1443 Section 1443. 46.22 (1g) (c) of the statutes is created to read:

AB100,677,10 46.22 (1g) (c) Other persons who are under the age of 61 and who are not disabled, as defined by the department.

AB100, s. 1444 Section 1444. 46.23 (2) (a) of the statutes is amended to read:

AB100,677,17 46.23 (2) (a) "Human services" means the total range of services to people including, but not limited to, health care, mental illness treatment, developmental disabilities services, relief funded by a block grant under ch. 49, income maintenance, probation, community supervision and parole services, alcohol and drug abuse services, services to children, youth and aging, family counseling, exceptional educational services and manpower services.