AB100: Bill Text

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 (this act), is repealed and recreated to read: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.

AB100, s. 1445 Section 1445. 46.238 of the statutes is amended to read:

AB100,677,25 46.238 Infants whose mothers abuse controlled substances or controlled substance analogs. If the a county department under s. 46.215, 46.22 or 46.23 or, in a county having a population of 500,000 or more, a county department under s. 51.42 or 51.437 receives a report under s. 146.0255 (2), the county department shall offer to provide appropriate services and treatment to the child and the child's mother or the county department shall make arrangements for the provision of appropriate services or treatment.

AB100, s. 1446 Section 1446. 46.245 (1) of the statutes is amended to read:

AB100,678,11 46.245 (1) Upon request, distribute the materials described under s. 253.10 (3) (d), as prepared and distributed by the department. The county department may charge a fee not to exceed the actual cost of preparation and distribution of the materials. A physician who intends to perform or induce an abortion or another qualified physician, as defined in s. 253.10 (2) (g), who reasonably believes that he or she might have a patient for whom the information under s. 253.10 (3) (d) is required to be given, shall request a reasonably adequate number of the materials from the county department under this subsection or from the department under s. 253.10 (3) (d). An individual may request a reasonably adequate number of the materials.

AB100, s. 1447 Section 1447. 46.247 of the statutes is amended to read:

AB100,678,21 46.247 Application of child support standard for certain children. For purposes of determining child support under s. 46.10 (14) (b), the department shall promulgate rules related to the application of the standard established by the department of industry, labor and job development under s. 49.22 (9) to a child support obligation for the care and maintenance of a child who is 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. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

AB100, s. 1448 Section 1448. 46.251 of the statutes is renumbered 49.225.

AB100, s. 1449 Section 1449. 46.261 (2) (a) (intro.) of the statutes is amended to read:

AB100,679,3 46.261 (2) (a) (intro.) A The department or a county department under s. 46.215, 46.22 or 46.23 shall grant aid on behalf of a dependent child to any of the following:

AB100, s. 1450 Section 1450. 46.261 (2) (a) 1. of the statutes is amended to read:

AB100,679,17 46.261 (2) (a) 1. A nonrelative who cares for the dependent child in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625 or a minor custodial parent who cares for the dependent child, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 (2) and the percentage rate of participation set forth in s. 46.495 (1) (d) for aid granted under this section except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

AB100, s. 1451 Section 1451. 46.261 (2) (a) 1. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,680,8 46.261 (2) (a) 1. A nonrelative who cares for the dependent child in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625 or a minor custodial parent who cares for the dependent child, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 (2) and the percentage rate of participation set forth in s. 46.495 (1) (d) for aid granted under this section except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 or the department under s. 48.48 (17) shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

AB100, s. 1452 Section 1452. 46.261 (2) (a) 2. of the statutes is amended to read:

AB100,680,17 46.261 (2) (a) 2. A county or, in a county having a population of 500,000 or more, the department, on behalf of a child in the legal custody of a county department under s. 46.215, 46.22 or 46.23 or the department under s. 48.48 (17) or on behalf of a child who was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason when such child is placed in a licensed child caring institution by the county department or the department. Reimbursement shall be made by the state pursuant to subd. 1.

AB100, s. 1453 Section 1453. 46.261 (2) (a) 3. of the statutes is amended to read:

AB100,681,3 46.261 (2) (a) 3. A county or, in a county having a population of 500,000 or more, the department, when the child is placed in a licensed foster home, treatment foster home, group home or child caring institution by a licensed child welfare agency or by a federally recognized American Indian tribal governing body in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22 or 46.23 or the department under s. 48.48 (17) or if the child was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made pursuant to an agreement with the county department or the department.

AB100, s. 1454 Section 1454. 46.261 (2) (a) 4. of the statutes is amended to read:

AB100,681,13 46.261 (2) (a) 4. A licensed foster home or, treatment foster home, a group home licensed under s. 48.625 or a child caring institution by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body or when the child was part of the state's direct service case load and was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department.

AB100, s. 1455 Section 1455. 46.27 (4) (c) 8. of the statutes is created to read:

AB100,681,17 46.27 (4) (c) 8. If a pilot project under s. 46.271 (2m) is established in the county, a description of how the activities of the pilot project relate to and are coordinated with the county's proposed program.

AB100, s. 1456 Section 1456. 46.27 (5) (am) of the statutes is amended to read:

AB100,682,6 46.27 (5) (am) Organize assessment activities specified in sub. (6). The county department or aging unit shall utilize persons for each assessment who can determine the needs of the person being assessed and who know the availability within the county of services alternative to placement in a nursing home. If any hospital patient is referred to a nursing home for admission, these persons shall work with the hospital discharge planner in performing the activities specified in sub. (6). The county department or aging unit shall coordinate the involvement of representatives from the county departments under ss. 46.215, 46.22, 51.42 and 51.437, health service providers and the county commission on aging in the assessment activities specified in sub. (6), as well as the person being assessed and members of the person's family or the person's guardian. This paragraph does not apply to a county department or aging unit in a county where a pilot project under s. 46.271 (2m) is established.

AB100, s. 1457 Section 1457. 46.27 (6) (a) 3. of the statutes is amended to read:

AB100,682,15 46.27 (6) (a) 3. In each participating county, except in counties where a pilot project under s. 46.271 (2m) is established, assessments shall be conducted for those persons and in accordance with the procedures described in the county's community options plan. The county may elect to establish assessment priorities for persons in target groups identified by the county in its plan regarding gradual implementation. If a person who is already admitted to a nursing home requests an assessment and if funds allocated for assessments under sub. (7) (am) are available, the county shall conduct the assessment.

AB100, s. 1458 Section 1458. 46.27 (6g) (intro.) of the statutes is amended to read:

AB100,682,20 46.27 (6g) Fiscal responsibility. (intro.) Except as provided in s. 51.40, and within the limitations under sub. (7) (b), the fiscal responsibility of a county for an assessment, unless the assessment is performed by an entity under s. 46.271 (2m), case plan or services provided to a person under this section is as follows:

AB100, s. 1459 Section 1459. 46.27 (7) (b) 1r. of the statutes is repealed.

AB100, s. 1460 Section 1460. 46.27 (9) (a) of the statutes is amended to read:

AB100,683,6 46.27 (9) (a) The department may select up to 5 counties that volunteer to participate in a pilot project under which they will receive certain funds allocated for long-term care. The department shall allocate a level of funds to these counties equal to the amount that would otherwise be paid under s. 20.435 (1) (5) (b) to nursing homes for providing care because of increased utilization of nursing home services, as estimated by the department. In estimating these levels, the department shall exclude any increased utilization of services provided by state centers for the developmentally disabled. The department shall calculate these amounts on a calendar year basis under sub. (10).

AB100, s. 1461 Section 1461. 46.27 (9) (c) of the statutes is amended to read:

AB100,683,13 46.27 (9) (c) All long-term community support services provided under this pilot project in lieu of nursing home care shall be consistent with those services described in the participating county's community options plan under sub. (4) (c) and provided under sub. (5) (b). Each Unless the department has contracted under s. 46.271 (2m) with an entity other than the county department, each county participating in the pilot project shall assess persons under sub. (6).

AB100, s. 1462 Section 1462. 46.27 (10) (a) 1. of the statutes is amended to read: