AB378,38,118
49.025
(3) Use of relief block grant funds. A county may use moneys received
9as a relief block grant only for the purpose of providing health care services to
10dependent persons.
Notwithstanding s. 49.01 (2g), health care services may include
11treatment services for alcohol and other drug abuse.
Note: Deletes language inadvertently inserted into the wrong provision.
AB378,38,1714
49.19
(11s) (d) From the appropriation under s.
20.435 (4) 20.445 (3) (a), the
15department may award grants to county departments under ss. 46.215, 46.22 and
1646.23 for providing family planning education services to persons who are subject to
17par. (b).
Note: 1995 Wis. Act 27 renumbered s. 20.435 (4) (a) to be s. 20.445 (3) (a) effective
7-1-96.
AB378,39,520
49.193
(3m) (c) The department may require any adult applicant for aid under
21s. 49.19 to attend one or more orientation sessions offered during the 30-day period
22beginning on the date that the caretaker relative applies for aid under s. 49.19.
1Orientation sessions offered under this paragraph shall emphasize self-sufficiency
2and shall encourage applicants to consider alternatives to aid under s. 49.19. The
3department may not require an applicant for aid who would be subject to the school
4attendance requirement under s.
49.50 (7) 49.26 (1) (g) to attend an orientation
5session under this paragraph at a time that would conflict with school attendance.
Note: 1995 Wis. Act 27 renumbered s. 49.50 (7) (g) to be s. 49.26 (1) (g) eff. 7-1-96.
AB378,39,158
49.193
(3m) (d) The department may require any adult applicant for aid under
9s. 49.19 who is required to participate in the program under this section to
10participate in job search activities under this paragraph. The department may
11require participation in not more than 30 days of job search activities under this
12paragraph. The department may not require an applicant for aid who would be
13subject to the school attendance requirement under s.
49.50 (7) 49.26 (1) (g) to
14participate in any job search activity under this paragraph at a time that would
15conflict with school attendance.
Note: 1995 Wis. Act 27 renumbered s. 49.50 (7) (g) to be s. 49.26 (1) (g) effective
7-1-96.
AB378,39,2318
49.197
(3) State error reduction activities. The department shall conduct
19activities to reduce payment errors in medical assistance under subch. IV, Wisconsin
20works under ss. 49.141 to 49.161, aid to families with dependent children under s.
2149.19 and the food stamp program under
7 USC 2011 to
2029. The department shall
22fund the activities under this section from the appropriation under s. 20.445
(4) (3) 23(L).
AB378,40,3
1NOTE: The stricken "(4)" was inserted by
1995 Wis. Act 289 without being
2underscored and underscored "(3)" was deleted without being stricken. No change was
3intended.
AB378, s. 124
4Section
124. 49.27 (5) (d) of the statutes is amended to read:
AB378,40,255
49.27
(5) (d)
Participation requirements. Within a 2-month period beginning
6on the work-not-welfare group's enrollment date, each member of the
7work-not-welfare group who is subject to the employment and training program
8described in this subsection shall participate in orientation activities under sub. (10)
9(d) 2. Beginning on the first day of the month following the completion of the
10orientation activities under sub. (10) (d) 2., each member of the work-not-welfare
11group who is subject to the employment and training program described in this
12subsection is required to participate in the employment and training program for a
13specified number of hours each month. The number of hours of participation
14required shall be based on the amount of the monthly benefit determined under sub.
15(4) that is paid to the work-not-welfare group and on the number of persons in the
16work-not-welfare group who are subject to the
the employment and training
17program described in this subsection. The department shall promulgate a rule
18specifying the manner in which the number of required hours is to be calculated. No
19person may be required to spend more than 40 hours per week participating in the
20employment and training program described under this subsection. The number of
21hours of participation required under this paragraph may not exceed the number of
22hours that a person is assigned under sub. (10) (d) 3. If the person needs child care
23services, the number of hours of participation required under this paragraph also
24may not exceed the number of hours for which child care is made available under sub.
25(10) (d) 3.
Note: Deletes repeated word.
AB378,41,133
49.32
(9) (a) Each county department under s. 46.215, 46.22 or 46.23
4administering aid to families with dependent children shall maintain a monthly
5report at its office showing the names of all persons receiving such aid together with
6the amount paid during the preceding month. Each Wisconsin works agency
7administering Wisconsin works under ss. 49.141 to 49.161 shall maintain a monthly
8report at its office showing the names and addresses of all persons receiving benefits
9under s. 49.148 together with the amount paid during the preceding month. Nothing
10in this paragraph shall be construed to authorize or require the disclosure in the
11report of any information (names, amounts of aid or otherwise) pertaining to
12adoptions, or aid furnished for the care of children in foster homes or treatment foster
13homes under s.
42.261 46.261 or 49.19 (10).
Note: Inserts correct cross-reference.
AB378,42,1416
49.32
(9) (b) The report under par. (a) shall be open to public inspection at all
17times during regular office hours and may be destroyed after the next succeeding
18report becomes available. Any person, except any public officer, seeking permission
19to inspect such report shall be required to prove his or her identity and to sign a
20statement setting forth his or her address and the reasons for making the request
21and indicating that he or she understands the provisions of par. (c) with respect to
22the use of the information obtained. The use of a fictitious name is a violation of this
23section.
or Wisconsin works agency Within 7 days after the record is inspected, or
24on the next regularly scheduled communication with that person, whichever is
1sooner, the department shall notify each person whose name and amount of aid was
2inspected that the record was inspected and of the name and address of the person
3making such inspection. County departments under ss. 46.215 and 46.22
4administering aid to families with dependent children may withhold the right to
5inspect the name of and amount paid to recipients from private individuals who are
6not inspecting this information for purposes related to public, educational,
7organizational, governmental or research purposes until the person whose record is
8to be inspected is notified by the county department, but in no case may the
9department withhold this information for more than 5 working days. The county
10department or Wisconsin works agency shall keep a record of such requests. The
11record shall indicate the name, address, employer and telephone number of the
12person making the request. If the person refuses to provide his or her name, address,
13employer and telephone number, the request to inspect this information may be
14denied.
AB378,42,2017
49.37
(1) (a) A person who lives in either of the 2 areas is eligible to enter the
18project if he or she is at least 18 years of age and has a family income below 200% of
19the poverty line, as defined in s.
49.01 (6m) 49.001 (5), for a family the size of the
20person's family.
Note: 1995 Wis. Act 27 renumbered s. 49.01 (6m) to be s. 49.001 (5) effective
7-1-96.
AB378,43,13
149.45
(6s) S
upplemental payments to county homes. Notwithstanding sub.
2(6m), the department shall, from the appropriation under s. 20.435 (1) (o), distribute
3not more than $20,000,000 in fiscal year 1995-96 and not more than $20,000,000 in
4fiscal year 1996-97, to provide supplemental payments for care to recipients of
5medical assistance provided in county homes established under s.
49.14 49.70 (1),
6except that the department shall also distribute for this same purpose from the
7appropriation under s. 20.435 (1) (o) any additional federal medical assistance funds
8that were not anticipated before enactment of the biennial budget act or other
9legislation affecting s. 20.435 (1) (o), were not used to fund nursing home rate
10increases under sub. (6m) (ag) 8. and are matched by county funds under sub. (6u)
11(b) 2. and certified under sub. (6u) (b) 2m. The total amount certified under sub. (6u)
12(b) 2m. and under this subsection may not exceed 100% of otherwise-unreimbursed
13care.
Note: 1995 Wis. Act 27 renumbered s. 49.14 (1) to be s. 49.70 (1) effective 7-1-96.
AB378, s. 129
14Section
129. 49.453 (2) (a) 2. of the statutes is amended to read:
AB378,43,1615
49.453
(2) (a) 2. For a level of care in a medical
institutional institution 16equivalent to that of a nursing facility.
Note: There is no conflict of substance.
Note: There is no conflict of substance.
AB378,44,233
49.855
(3) Receipt of a certification by the department of revenue shall
4constitute a lien, equal to the amount certified, on any state tax refunds or credits
5owed to the obligor. The lien shall be foreclosed by the department of revenue as a
6setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines
7that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
8obligor that the state intends to reduce any state tax refund or credit due the obligor
9by the amount the obligor is delinquent under the support or maintenance order, by
10the outstanding amount for past support, medical expenses or birth expenses under
11the court order or by the amount due under s. 46.10 (4). The notice shall provide that
12within 20 days the obligor may request a hearing before the circuit court rendering
13the order. Within 10 days after receiving a request for hearing under this subsection,
14the court shall set the matter for hearing. Pending further order by the court or
15family court commissioner, the clerk of circuit court or county support collection
16designee under s.
59.07 (97m) 59.53 (5m) is prohibited from disbursing the obligor's
17state tax refund or credit. The family court commissioner may conduct the hearing.
18The sole issues at that hearing shall be whether the obligor owes the amount certified
19and, if not and it is a support or maintenance order, whether the money withheld
20from a tax refund or credit shall be paid to the obligor or held for future support or
21maintenance. An obligor may, within 20 days of receiving notice that the amount
22certified shall be withheld from his or her federal tax refund or credit, request a
23hearing under this subsection.
Note: Section 59.07 (97m) is renumbered s. 59.53 (5m) by this bill.
AB378,45,183
49.855
(4) The department of revenue shall send that portion of any state or
4federal tax refunds or credits withheld for delinquent child support or maintenance
5or past support, medical expenses or birth expenses to the department of workforce
6development for distribution to the appropriate clerk of circuit court or county
7support collection designee under s. 59.53 (5m). The department of workforce
8development shall make a settlement at least annually with the department of
9revenue and with each clerk of circuit court or county support collection designee
10under s. 59.53 (5m) who has certified a delinquent obligation or outstanding amount
11for past support, medical expenses or birth expenses. The settlement shall state the
12amounts certified, the amounts deducted from tax refunds and credits and returned
13to the clerk of circuit court or county support collection designee under s. 59.53 (5m)
14and the administrative costs incurred by the department of revenue. The
15department of workforce development may charge the county whose clerk of circuit
16court or
county support collection designee under s. 59.53 (5m) certified the
17obligation or outstanding amount the related administrative costs incurred by the
18department of workforce development and the department of revenue.
Note: 1995 Wis. Act 404 inserted "county" without showing it underscored. The
change is consistent with the remainder of this provision.
AB378,46,2121
49.855
(4m) (b) The department of revenue may provide a certification that it
22receives under sub. (2) or (2m) to the department of administration. Upon receipt
23of the certification, the department of administration shall determine whether the
1obligor is a vendor or is receiving any other payments from this state, except for
2wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1),
3this chapter or ch. 46 or 108. If the department of administration determines that
4the obligor is a vendor or is receiving payments from this state, except for wages,
5retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this
6chapter or ch. 46 or 108, it shall begin to withhold the amount certified from those
7payments and shall notify the obligor that the state intends to reduce any payments
8due the obligor by the amount the obligor is delinquent under the support or
9maintenance order, by the outstanding amount for past support, medical expenses
10or birth expenses under the court order or by the amount due under s. 46.10 (4). The
11notice shall provide that within 20 days after receipt of the notice the obligor may
12request a hearing before the circuit court rendering the order. An obligor may, within
1320 days after receiving notice, request a hearing under this paragraph. Within 10
14days after receiving a request for hearing under this paragraph, the court shall set
15the matter for hearing. The family court commissioner may conduct the hearing.
16Pending further order by the court or family court commissioner, the clerk of circuit
17court or county support collection designee under s.
59.07 (97m) 59.53 (5m) may not
18disburse the payments withheld from the obligor. The sole issues at the hearing are
19whether the obligor owes the amount certified and, if not and it is a support or
20maintenance order, whether the money withheld shall be paid to the obligor or held
21for future support or maintenance.
Note: Section 59.07 (97m) is renumbered s. 59.53 (5m) by this bill.
AB378,47,3
149.855
(6) If the state implements the child and spousal support and paternity
2program under s. 59.53 (5), the state may act under this section in place of the county
3designee under s.
59.07 (97) 59.53 (5).
Note: There is no conflict of substance.
AB378, s. 137
6Section
137. 50.05 (4) of the statutes is amended to read:
AB378,48,77
50.05
(4) Appointment of receiver. Only the secretary, represented by the
8department of justice, may apply for a court order appointing the secretary or the
9secretary's designee receiver of the facility. The secretary, as represented, may apply
10by verified petition to the circuit court for Dane county for the order. The court shall
11hold a hearing on the petition within 5 days of the filing of the petition. The petition
12and notice of the hearing shall be served on the operator, administrator or designated
13agent of the facility as provided under ch. 801 or shall be posted in a conspicuous
14place in the facility not later than 3 days before the time specified for the hearing,
15unless a different period is fixed by order of the court. Notwithstanding ss. 803.01
16to 803.09 and 844.18, the only persons who may appear as a party at
the a hearing
17under this subsection or sub. (5) are the secretary or the secretary's designee and the
18operator of the facility. The court shall appoint a receiver for a specified time period
19requested by the secretary up to 120 days, if it finds that any ground exists which
20would authorize the appointment of a receiver under sub. (2) and that appointment
21of a receiver will contribute to the continuity of care or the orderly and safe transfer
22of residents in the facility. The court may extend the period of receivership in 30-day
23increments only on the petition of the department and if the court finds that the
1department has been unable to transfer all of the residents to another suitable
2location or the department has determined that it is necessary for the receivership
3to be extended for the continued health, safety and welfare of the residents.
4Notwithstanding s. 808.03 (1), any order issued at the hearing on the petition for
5receivership under this subsection or sub. (5) or at a subsequent hearing concerning
6matters arising under the receivership or concerning termination of the receivership
7under sub. (14) may be appealed as a matter of right.
AB378, s. 138
8Section
138. 50.135 (3) of the statutes is amended to read:
AB378,48,119
50.135
(3) Exemption. The inpatient health care facilities under ss. 45.365,
1048.62, 51.05, 51.06
, 233.40, 233.41, 233.42 and 252.10
and ch. 142 are exempt from
11this section.
Note: 1995 Wis. Act 27 renumbered ch. 142 to be ss. 233.40 to 233.42 effective
6-29-96.
Note: There is no conflict of substance.
AB378,48,2016
51.15
(1) (a) (intro.) A law enforcement officer or other person authorized to
17take a child into custody under ch. 48 or
to take a juvenile into custody under ch. 938
18may take an individual into custody if the officer or person has cause to believe that
19such individual is mentally ill or, except as provided in subd. 5., is drug dependent
20or developmentally disabled, and that the individual evidences any of the following:
AB378, s. 141
1Section
141
. 51.15 (1) (a) (intro.) of the statutes, as affected by
1995 Wisconsin
2Act 292, section
5, and 1997 Wisconsin Act ... (this act), is repealed and recreated to
3read:
AB378,49,84
51.15
(1) (a) (intro.) A law enforcement officer or other person authorized to
5take a child into custody under ch. 48 or to take a juvenile into custody under ch. 938
6may take an individual into custody if the officer or person has cause to believe that
7such individual is mentally ill, drug dependent or developmentally disabled, and
8that the individual evidences any of the following:
AB378,49,1511
51.15
(2) Facilities for detention. (intro.) The law enforcement officer or
12other person authorized to take a child into custody under ch. 48
or to take a juvenile
13into custody under ch. 938 shall transport the individual, or cause him or her to be
14transported, for detention and for evaluation, diagnosis and treatment if permitted
15under sub. (8) to any of the following facilities:
AB378,50,818
51.15
(4) (a) In counties having a population of 500,000 or more, the law
19enforcement officer or other person authorized to take a child into custody under ch.
2048
or to take a juvenile into custody under ch. 938 shall sign a statement of
21emergency detention which shall provide detailed specific information concerning
22the recent overt act, attempt or threat to act or omission on which the belief under
1sub. (1) is based and the names of the persons observing or reporting the recent overt
2act, attempt or threat to act or omission. The law enforcement officer or other person
3is not required to designate in the statement whether the subject individual is
4mentally ill, developmentally disabled or drug dependent, but shall allege that he or
5she has cause to believe that the individual evidences one or more of these conditions
6if sub. (1) (a) 1., 2., 3. or 4. is believed or mental illness, if sub. (1) (a) 5. is believed.
7The law enforcement officer or other person shall deliver, or cause to be delivered,
8the statement to the detention facility upon the delivery of the individual to it.
AB378,51,212
51.15
(4) (a) In counties having a population of 500,000 or more, the law
13enforcement officer or other person authorized to take a child into custody under ch.
1448 or to take a juvenile into custody under ch. 938 shall sign a statement of
15emergency detention which shall provide detailed specific information concerning
16the recent overt act, attempt or threat to act or omission on which the belief under
17sub. (1) is based and the names of the persons observing or reporting the recent overt
18act, attempt or threat to act or omission. The law enforcement officer or other person
19is not required to designate in the statement whether the subject individual is
20mentally ill, developmentally disabled or drug dependent, but shall allege that he or
21she has cause to believe that the individual evidences one or more of these conditions
22if sub. (1) (a) 1., 2., 3. or 4. is believed or mental illness, if sub. (1) (a) 5. is believed.
1The law enforcement officer or other person shall deliver, or cause to be delivered,
2the statement to the detention facility upon the delivery of the individual to it.
Note: There is no conflict of substance.
AB378,52,47
51.15
(5) Detention procedure; other counties. In counties having a
8population of less than 500,000, the law enforcement officer or other person
9authorized to take a child into custody under ch. 48
or to take a juvenile into custody
10under ch. 938 shall sign a statement of emergency detention which shall provide
11detailed specific information concerning the recent overt act, attempt or threat to act
12or omission on which the belief under sub. (1) is based and the names of persons
13observing or reporting the recent overt act, attempt or threat to act or omission. The
14law enforcement officer or other person is not required to designate in the statement
15whether the subject individual is mentally ill, developmentally disabled or drug
16dependent, but shall allege that he or she has cause to believe that the individual
17evidences one or more of these conditions if sub. (1) (a) 1., 2., 3. or 4. is believed or
18mental illness, if sub. (1) (a) 5. is believed. The statement of emergency detention
19shall be filed by the officer or other person with the detention facility at the time of
20admission, and with the court immediately thereafter. The filing of the statement
21has the same effect as a petition for commitment under s. 51.20. When, upon the
22advice of the treatment staff, the director of a facility specified in sub. (2) determines
23that the grounds for detention no longer exist, he or she shall discharge the
1individual detained under this section. Unless a hearing is held under s. 51.20 (7)
2or 55.06 (11) (b), the subject individual may not be detained by the law enforcement
3officer or other person and the facility for more than a total of 72 hours, exclusive of
4Saturdays, Sundays and legal holidays.
AB378,53,27
51.15
(5) Detention procedure; other counties. In counties having a
8population of less than 500,000, the law enforcement officer or other person
9authorized to take a child into custody under ch. 48
or to take a juvenile into custody
10under ch. 938 shall sign a statement of emergency detention which shall provide
11detailed specific information concerning the recent overt act, attempt or threat to act
12or omission on which the belief under sub. (1) is based and the names of persons
13observing or reporting the recent overt act, attempt or threat to act or omission. The
14law enforcement officer is not required to designate in the statement whether the
15subject individual is mentally ill, developmentally disabled or drug dependent, but
16shall allege that he or she has cause to believe that the individual evidences one or
17more of these conditions. The statement of emergency detention shall be filed by the
18officer or other person with the detention facility at the time of admission, and with
19the court immediately thereafter. The filing of the statement has the same effect as
20a petition for commitment under s. 51.20. When, upon the advice of the treatment
21staff, the director of a facility specified in sub. (2) determines that the grounds for
22detention no longer exist, he or she shall discharge the individual detained under
23this section. Unless a hearing is held under s. 51.20 (7) or 55.06 (11) (b), the subject
1individual may not be detained by the law enforcement officer and the facility for
2more than a total of 72 hours, exclusive of Saturdays, Sundays and legal holidays.
AB378,53,145
51.20
(1) (a) 2. b. Evidences a substantial probability of physical harm to other
6individuals as manifested by evidence of recent homicidal or other violent behavior,
7or by evidence that others are placed in reasonable fear of violent behavior and
8serious physical harm to them, as evidenced by a recent overt act, attempt or threat
9to do serious physical harm. In this subd. 2. b., if the petition is filed under a court
10order under s. 938.30 (5) (c) 1. or (d) 1., a finding by the court exercising jurisdiction
11under chs. 48 and 938 that the
child juvenile committed the act or acts alleged in the
12petition under s. 938.12 or 938.13 (12) may be used to prove that the
child juvenile 13exhibited recent homicidal or other violent behavior or committed a recent overt act,
14attempt or threat to do serious physical harm.
Note: Replaces "child" with "juvenile" for consistency of references with language
of ch. 938.
AB378,54,1318
51.20
(7) (d) If the court determines after hearing that there is probable cause
19to believe that the subject individual is a fit subject for guardianship and protective
20placement or services, the court may, without further notice, appoint a temporary
21guardian for the subject individual and order temporary protective placement or
22services under ch. 55 for a period not to exceed 30 days, and shall proceed as if
1petition had been made for guardianship and protective placement or services. If the
2court orders only temporary protective services for a subject individual under this
3paragraph, the individual shall be provided care only on an outpatient basis. The
4court may order psychotropic medication as a temporary protective service under
5this paragraph if it finds that there is probable cause to believe that the allegations
6under s. 880.07 (1m) (c) and (cm) apply, that the individual is not competent to refuse
7psychotropic medication and that the medication ordered will have therapeutic
8value and will not unreasonably impair the ability of the individual to prepare for
9and participate in subsequent legal proceedings. An individual is not competent to
10refuse psychotropic medication if, because of chronic mental illness, and after the
11advantages and disadvantages of and alternatives to accepting the particular
12psychotropic medication have been explained to the individual, one of the following
13is true:
AB378,54,1514
1. The individual is incapable of expressing an understanding of the
15advantages and disadvantages of accepting treatment and the alternatives.
AB378,54,1916
2. The individual is substantially incapable of applying an understanding of
17the advantages, disadvantages and alternatives to his or her chronic mental illness
18in order to make an informed choice as to whether to accept or refuse psychotropic
19medication.
Note: 1995 Wis. Act 292, section
22, repeals and recreates this provision effective
December 1, 2001, to return it to the way it read prior to the treatment by Act 292, section
21. Act 292, however, did not take into account the treatment of this provision by
1995
Wis. Act 268. This treatment returns the provision to its pre-Act 292 status, as affected
by Act 268, effective December 1, 2001. See also the next 2 sections of this bill.