AB665: Bill Text

Under current law, the child abuse and neglect prevention board (the board) is authorized to solicit and accept contributions, grants, gifts and bequests (contributions) for the children's trust fund (CTF) or for other purposes. [s. 48.982 (2) (d), stats.] Under current law, moneys received for the CTF as a contribution under s. 48.982 (2) (d), stats., may be deposited in the appropriation account under s. 20.433 (1) (q) or (r), stats., as described below. [s. 48.982 (2) (d), stats.]

Moneys accepted by the board for the CTF are to be used, in accordance with the donor's wishes, to do any of the following:

1. Award grants for child abuse and neglect prevention programs, early childhood family education centers and right from the start projects.

2. Pay for actual and necessary operating costs of the board.

3. Fund any statewide project for which the board has accepted money. [s. 48.982 (2m), stats.; see also s. 25.67 (1), stats.]

Under current law, the CTF consists of all moneys received for the CTF by the board under s. 48.982 (2) (d), stats. [s. 25.67 (2), stats.] All moneys in the CTF that are not expended under s. 20.433 (1) (q), stats., must continue to accumulate indefinitely. [s. 25.67 (2), stats.] (Section 20.433 (1) (q), stats., is the appropriation from the CTF of all moneys received as contributions to the CTF under s. 48.982 (2) (d), stats., less the amounts appropriated under s. 20.433 (1) (r), stats. Section 20.433 (1) (r), stats., is the appropriation from the CTF of the amounts in the schedule under s. 20.005, stats., for actual and necessary operating costs of the board and for any statewide project under s. 48.982 (5), stats., for which the board has accepted money.)

Because a contribution to the CTF is made to the board, which is a governmental entity, and because the contribution is made for exclusively public purposes, the contribution may be deductible from the donor's income when calculating federal income taxes and, if made by a corporation, when calculating Wisconsin income taxes. In addition, depending on the amount of the contribution, an individual donor may be eligible for a credit when calculating the donor's Wisconsin individual income tax. Nevertheless, it appears that some potential donors may be reluctant to make contributions to an organization that is not exempt from federal income tax under section 501 (c) (3) of the Internal Revenue Code.

This bill authorizes the board to organize a nonstock, nonprofit corporation for the exclusive purpose of soliciting and accepting contributions for the CTF. Any contribution accepted by the corporation must be deposited in the CTF. In accordance with the wishes of the donor, the contributions must be used for any of the purposes set forth in s. 48.982 (2m), stats., as described above, or must continue to accumulate in the CTF.

The corporation is required to be organized in such a way that: 1) contributions to the corporation will be deductible from the donor's income when calculating federal income taxes and state income taxes (or, with respect to individuals and depending on the amount of the contribution, applied as a credit when calculating the individual's state income tax); and 2) the corporation will itself be exempt from state income taxes and exempt from federal income taxes under section 501 of the Internal Revenue Code.

Under the bill, the board of directors of the corporation is required to consist of 5 members, to be drawn from the membership of the board. The bill requires the board to enter into a contract with the corporation, allowing the board to make use of the corporation's services and allowing the board to provide administrative services to the corporation. The bill prohibits the corporation from employing staff or engaging in political activities and requires that the corporation's records be open to the board, the department of administration, the legislative fiscal bureau, the legislative audit bureau and the appropriate legislative committees. In addition, the bill requires the corporation to donate real property to the state within 5 years after acquiring the property, unless continued holding of the property by the corporation is approved by the joint committee on finance.

Further, the bill specifies that, in addition to the moneys received by the board for the CTF, the CTF also consists of moneys received by the corporation for the CTF. The bill also amends one of the appropriations for the CTF to include contributions for the CTF received by the corporation.

Early childhood family education center grants

Under current law, the board must award grants under s. 48.982 (6), stats., for early childhood family education center programs. The board must award these grants to organizations for programs that provide parenting education services but not crisis intervention. Current law also provides that the grants must be used for direct parent education and referrals to other social service programs and outreach programs, including programs that provide education to parents in their homes. Further, programs that are supported by grants must track individual clients to ensure that they receive necessary services and must emphasize direct services to families with children who are 3 years of age or less.

This bill provides that, for organizations applying for early childhood family education center grants for the first time on or after the effective date of the bill, the board must give favorable consideration in awarding grants to organizations for programs in communities where home visitation programs are in existence or are in development. In addition, if grants are awarded, the programs supported by the grants must maximize coordination of the early childhood family education center programs with the home visitation programs that are in existence or in development.

Domestic abuse training

Under current law, DHFS and county departments are required, to the extent feasible, to conduct continuing education and training programs for staff of DHFS, county departments and tribal social services departments, persons and officials required to report suspected or threatened child abuse or neglect, the general public and others as appropriate. The programs must be designed to encourage reporting of child abuse and neglect, to encourage self-reporting and voluntary acceptance of services and to improve communication, cooperation and coordination in the identification, prevention and treatment of child abuse and neglect.

This bill requires that those education and training programs that are provided for staff of county departments and licensed child welfare agencies under contract with county departments whose responsibilities include the investigation or treatment of child abuse and neglect also be designed to provide information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 46.95 (1) (a), stats. (Section 46.95 (1) (a), stats., provides that "domestic abuse" means "physical abuse, including a violation of s. 940.225 (1), (2) or (3), [sexual assault] or any threat of physical abuse between adult family or adult household members, by a minor family or minor household member against an adult family or adult household member, by an adult against his or her adult former spouse or by an adult against an adult with whom the person has a child in common.")

Current law requires that each staff member and supervisor of a county department or licensed child welfare agency under contract with a county department whose responsibilities include investigation or treatment of child abuse and neglect successfully complete training in child abuse and neglect protective services approved by DHFS. DHFS is required to monitor compliance with this requirement under administrative rules promulgated by DHFS. Furthermore, current law requires that DHFS make training programs available each year that satisfy this training requirement.

This bill requires that this training include information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 46.95 (1) (a), stats.

AB665, s. 1 Section 1 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB665, s. 2 Section 2. 20.433 (1) (q) of the statutes is amended to read:

AB665,8,5 20.433 (1) (q) Children's trust fund grants. From the children's trust fund, all moneys received as contributions, grants, gifts and bequests for that trust fund under s. 48.982 (2) (d) or (2e) (a), less the amounts appropriated under par. (r), to carry out the purposes for which made and received under s. 48.982 (2m) (a).

Note: This Section amends one of the appropriations from the CTF to include contributions for the CTF received by the corporation which this bill authorizes the board to organize.

AB665, s. 3 Section 3 . 20.435 (3) (de) of the statutes is created to read:

AB665,8,8 20.435 (3) (de) Child abuse and neglect prevention grants. The amounts in the schedule for child abuse and neglect prevention grants under s. 46.515.

AB665, s. 4 Section 4 . 20.435 (3) (df) of the statutes is created to read:

AB665,8,12 20.435 (3) (df) Child abuse and neglect prevention technical assistance. The amounts in the schedule for child abuse and neglect prevention technical assistance and training under s. 46.515 (8).

Note: Sections 1 , 3 and 4 create appropriations to DHFS to provide funding for the child abuse and neglect prevention grant program created in the bill and to provide technical assistance and training to grantees.

AB665, s. 5 Section 5. 25.67 (2) of the statutes is amended to read:

AB665,9,4 25.67 (2) The fund shall consist of the moneys received for the fund under s. 48.982 (2) (d) or (2e) (a). All moneys in the fund that are not appropriated under s. 20.433 (1) (r) or expended under s. 20.433 (1) (q) shall continue to accumulate indefinitely.

Note: Current law provides that the CTF consists of moneys received for the CTF by the board. This bill provides that the CTF also consists of moneys received for the CTF by the corporation which this bill authorizes the board to organize.

Current law provides that all moneys in the CTF which are not expended under the appropriation under s. 20.433 (1) (q), stats., (that is, moneys received by the board for the CTF as contributions, less the amounts appropriated from the CTF under s. 20.433 (1) (r), stats., (that is, the amounts in the schedule under s. 20.005, stats., for actual and necessary operating costs of the board and for any statewide project under s. 48.982 (5), stats.)) must continue to accumulate indefinitely. The bill specifies that moneys in the CTF which are not appropriated under s. 20.433 (1) (r), stats., or expended under s. 20.433 (1) (q), stats., must continue to accumulate indefinitely.

AB665, s. 6 Section 6. 25.67 (2) (a) 1. and (b) of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (this act), are repealed and recreated to read:

AB665,9,7 25.67 (2) (a) 1. Moneys received for the fund under s. 48.982 (2) (d) or (2e) (a).

AB665,9,9 (b) All moneys in the fund that are not appropriated under s. 20.433 (1) (r) or expended under s. 20.433 (1) (q) shall continue to accumulate indefinitely.

Note: The 1997 budget act, 1997 Wisconsin Act 27, renumbers and amends s. 25.67, stats., effective January 1, 1999. This Section reconciles the treatment of s. 25.67 (2), stats., by this bill and the budget act.

AB665, s. 7 Section 7. 46.515 of the statutes is created to read:

AB665,9,12 46.515 Child abuse and neglect prevention program. (1) Definitions. In this section:

AB665,9,13 (a) "Abuse" has the meaning given in s. 48.02 (1).

AB665,9,15 (b) "Case", other than when used in the term "case management services", means a family or person who meets all of the following criteria:

AB665,9,16 1. The family or person is any of the following:

AB665,9,18 a. A family or person who has been the subject of a report under s. 48.981 and with respect to whom the individual making the investigation or the intake worker assigned to the family or person has determined that all of the conditions in subd. 2. exist.

AB665,10,7 b. An Indian child who has been the subject of a report under s. 48.981 about which an Indian tribe that has received a grant under this section has received notice, including but not limited to notice provided to a tribal agent under s. 48.981 (3) (bm), and with respect to whom an individual designated by the Indian tribe has determined that all of the conditions in subd. 2. exist.

AB665,10,12 c. A family that includes a person who has contacted a county department, as defined in s. 48.02 (2g), or an Indian tribe which has been awarded a grant under this section requesting assistance to prevent abuse or neglect of a child in the person's family and with respect to which an individual responding to the request has determined that all of the conditions in subd. 2. exist.

AB665,10,14 2. The family or person has been determined to meet all of the following conditions:

AB665,10,16 a. There is a substantial risk of future abuse or neglect of a child in the family if assistance is not provided.

AB665,10,18 b. The child and the child's parent or the person primarily responsible for the child's care are willing to cooperate with an informal plan of support and services.

AB665,10,22 c. It does not appear that a petition will be filed under s. 48.25 alleging that a child in the family is in need of protection or services under s. 48.13 and, if an Indian child is involved, it also does not appear that there will be a similar proceeding in tribal court relating to abuse or neglect of the Indian child.

Note: Does the following:

1. Defines a "case" for purposes of defining the target population to which the following benefits, as created by the bill, may be made available: (a) payments from the flexible fund described in s. 46.515 (6) (b) 2., stats., as created by this bill, of up to $500 (or a greater amount when adjusted for inflation) for appropriate, authorized expenses related to the case; and (b) the MA case management benefit if the person is a MA beneficiary.

2. Defines a "case" as a family or person who meets all of the following criteria:

a. The family or person is any of the following: (1) a family or person who has been the subject of a child abuse or neglect report and with respect to whom the individual making the investigation or the intake worker assigned to the family or person has determined that all of the conditions in item b., below, exist; (2) an Indian child who has been the subject of a child abuse or neglect report about which an Indian tribe that has been awarded a prevention grant has received notice, including but not limited to notice to a tribal agent under s. 48.981 (3) (bm), stats., and with respect to whom an individual designated by the Indian tribe has determined that all of the conditions in item b., below, exist; or (3) a family that includes a person who has contacted a county department or an Indian tribe which has been awarded a prevention grant requesting assistance to prevent abuse or neglect of a child in the person's family and with respect to which the individual responding to the request determines that all of the conditions in item b., below, exist.

b. The family or person has been determined to meet all of the following conditions:

(1) There is a substantial risk of future abuse or neglect of a child in the family if assistance is not provided.

(2) The child and the child's parent or the person primarily responsible for the child's care are willing to cooperate with an informal plan of support and services.

(3) It does not appear that a CHIPS petition will be filed in juvenile court and, if an Indian child is involved, it also does not appear that there will be a similar proceeding in tribal court relating to abuse or neglect of the Indian child.

AB665,11,2 (c) "Court", other than when used in referring to a tribal court, has the meaning given in s. 48.02 (2m).

AB665,11,3 (d) "Indian child" has the meaning given in s. 48.981 (1) (cs).

AB665,11,5 (e) "Indian tribe" means a federally recognized American Indian tribe or band in this state.

Note: Defines "Indian tribe" in the same way that term is defined elsewhere in the statutes.

AB665,11,7 (f) "Intake worker" means any person designated to provide intake services under s. 48.067.

AB665,11,8 (g) "Neglect" has the meaning given in s. 48.981 (1) (d).

AB665,11,11 (h) "Reservation" means land in this state within the boundaries of a federally recognized reservation of an Indian tribe or within the bureau of Indian affairs service area for the Ho-Chunk Nation.

AB665,11,12 (i) "Rural county" means a county that is not an urban county.

AB665,12,3 (j) "Urban county" means a county located in a federal metropolitan statistical area or a primary metropolitan statistical area, as designated by the federal office of management and budget.

Note: Defines "urban county" as a county located in a federal metropolitan statistical area or a primary metropolitan statistical area, as designated by the federal office of management and budget, and defines "rural county" as any county which is not an urban county.

Under this definition, the following counties would currently be considered urban counties: Brown, Calumet, Chippewa, Dane, Douglas, Eau Claire, Kenosha, La Crosse, Marathon, Milwaukee, Outagamie, Ozaukee, Pierce, Racine, Rock, Sheboygan, St. Croix, Washington, Waukesha and Winnebago.

AB665,12,6 (2) Funds provided. If a county or Indian tribe applies and is selected by the department under sub. (5) to participate in the program under this section, all of the following apply:

AB665,12,15 (a) Grants. From the appropriation under s. 20.435 (3) (de), the department shall award a grant annually to be used only for the purposes specified in sub. (4) (a). The minimum amount of a grant is $10,000. The department shall determine the amount of a grant awarded to a county or Indian tribe in excess of the minimum amount based on the population that is eligible for medical assistance under subch. IV of ch. 49 in that county or the reservation of that Indian tribe in proportion to the population that is eligible for medical assistance under subch. IV of ch. 49 in the other counties and the reservations of other Indian tribes to which grants are awarded under this section.

AB665,12,18 (b) Reimbursement for certain case management services. From the appropriation under s. 20.435 (5) (b) and (o), the department shall reimburse providers of case management services as specified in s. 49.45 (25) (bc) and (c).

Note: Provides that if a county or Indian tribe applies and is selected by DHFS to participate in this program, all of the following apply:

1. DHFS must award grants annually to applying counties and Indian tribes selected by DHFS. The grants may be used only for the purposes specified in s. 46.515 (4) (a), stats., as created by the bill.

The minimum amount of the grant is $10,000. DHFS must determine the remaining amount of a grant based on the MA-eligible population of the selected county or reservation of the selected Indian tribe in proportion to the MA-eligible population of other counties or reservations of other Indian tribes which are awarded grants.

2. For selected counties (except for Milwaukee County) and Indian tribes, DHFS must reimburse providers of case management services provided through the MA program for MA-eligible participants in the home visitation program component of the program under s. 46.515 (4) (b) 1., stats.

AB665,13,3 (3) Number of counties and Indian tribes selected. (a) Number selected. The following number of counties and Indian tribes may be selected by the department to participate in the program under this section:

AB665,13,5 1. In the 1997-99 state fiscal biennium, no more than 6 rural counties, 3 urban counties and one Indian tribe may be selected.

AB665,13,8 2. In the 1999-2001 state fiscal biennium, no more than 14 rural counties, 6 urban counties and 3 Indian tribes may be selected, in addition to those selected in the previous state fiscal biennium.

AB665,13,11 3. In the 2001-03 state fiscal biennium, counties and Indian tribes that have not been selected previously may be selected, in addition to those selected in previous state fiscal biennia.

AB665,13,16 (b) Joint application permitted. Two or more counties and Indian tribes may submit a joint application to the department. Each county or Indian tribe in a joint application shall be counted as a separate county or Indian tribe for the purpose of limiting the number of counties and Indian tribes selected in each state fiscal biennium.

Note: Provides that:

1. DHFS may select counties and Indian tribes according to the following schedule: (a) in the 1997-99 state fiscal biennium, no more than 6 rural counties, 3 urban counties and one Indian tribe may be selected; (b) in the 1999-2001 state fiscal biennium, no more than 14 additional rural counties, 6 additional urban counties and 3 additional Indian tribes may be selected; and (c) in the 2001-03 state fiscal biennium, counties and Indian tribes that have not been selected previously may be selected.

2. Counties and Indian tribes may submit joint applications.

AB665,14,2 (4) Purpose. (a) Grants. The grants awarded under this section shall be used for all of the following purposes:

AB665,14,3 1. To establish or maintain the fund under sub. (6) (b) 1.

AB665,14,4 2. To establish or maintain the fund under sub. (6) (b) 2.

AB665,14,9 3. To reimburse a case management provider under s. 49.45 (25) (b) for the amount of the allowable charges under the medical assistance program that is not provided by the federal government for case management services provided to a medical assistance beneficiary described under s. 49.45 (25) (am) 9. if that medical assistance beneficiary is a case or is a member of a family that is a case.

AB665,14,12 4. To pay expenses incurred in connection with attending training activities related to the program under this section. No more than $1,500 of the grant amount may be used for this purpose in the 12 months following receipt of a grant.

AB665,15,8 (b) Reimbursement for certain case management services. 1. As provided in s. 49.45 (25) (bc), the department shall reimburse providers for case management services provided for persons who are selected for and agree to participate in a home visitation program described in this subdivision. A county, other than a county with a population of 500,000 or more, or an Indian tribe that is selected to participate in the program under this section shall select persons who are first-time parents and who are eligible for medical assistance under subch. IV of ch. 49 to undergo an assessment through use of a risk assessment instrument to determine whether the parent presents risk factors for perpetrating child abuse or neglect. Persons who are selected shall be assessed during the prenatal period, if possible, or as close to the time of the child's birth as possible. The risk assessment instrument shall be developed by the department by rule and shall be based on risk assessment instruments developed by the department for similar programs which are in operation. A person who is assessed to be at risk of abusing or neglecting his or her child shall be offered home visitation program services unless the person is assigned to a control group under sub. (7) (a). Home visitation program services may be provided to a family with a child identified as being at risk of child abuse or neglect until the identified child reaches 3 years of age. If risk factors for child abuse or neglect with respect to the identified child continue to be present when the child reaches 3 years of age, home visitation program services may be provided until the identified child reaches 5 years of age.

AB665,15,16 2. The counties and Indian tribes that are selected to participate in the program under this section may permit a person who is not a first-time parent or who is not eligible for medical assistance under subch. IV of ch. 49 to undergo the risk assessment and to participate in the home visitation program if that person presents risk factors for perpetrating child abuse or neglect. No payments from the fund under sub. (6) (b) 1. may be made to a person described in this subdivision. Reimbursement may not be provided by the department under s. 49.45 (25) (bc) for a person described in this subdivision.