AB934: Bill Text

AB934,55,4 46.22 (1) (c) 1. b. `State institutions.' The Mendota mental health institute, Mental Health Institute, the Winnebago mental health institute Mental Health Institute, centers for the developmentally disabled, and Type 1 secured correctional facilities, as defined in s. 938.02 (19).

Note: Conforms capitalization to current style.

AB934, s. 144 Section 144. 46.27 (7) (b) 1m. of the statutes is renumbered 46.27 (7) (b).

Note: Eliminates unnecessary subdivision designation. This provision is not subdivided.

AB934, s. 145 Section 145. 46.27 (7g) (e) of the statutes is amended to read:

AB934,55,10 46.27 (7g) (e) From the appropriation under s. 20.435 (7) (im), the department shall pay the amount of the payments under par. (d) and shall spend the remainder of the funds recovered under this subsection for long-term community support services funded under sub. (7) (b) 1m.

Note: Subsection (7) (b) 1m. is renumbered to sub. (7) (b) by the previous section of this bill.

AB934, s. 146 Section 146. 46.281 (1) (d) 1. of the statutes is amended to read:

AB934,55,16 46.281 (1) (d) 1. Establish, in geographic areas in which resides no more than 29% of the population that is eligible for the family care benefit, a pilot project under which the department may contract with a county, a family care district, a tribe or band, or the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., or with any 2 or more of these entities under a joint application, to operate a resource center.

Note: Conforms capitalization to current style.

AB934, s. 147 Section 147. 46.282 (2) (am) of the statutes is amended to read:

AB934,56,2 46.282 (2) (am) Appointment by a tribe or band or council. If a tribe or band or the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., intends to apply for a contract to operate a resource center or for certification as a care management organization, the tribe or band or the council shall, as a condition of the application or the certification, appoint a local long-term care council.

Note: Conforms capitalization to current style and adds comma to correct grammar.

AB934, s. 148 Section 148. 46.282 (2) (b) 3. of the statutes is amended to read:

AB934,56,15 46.282 (2) (b) 3. A local long-term care council that is appointed by a tribe or band or by the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., shall consist of 21 members, at least 11 of whom are older persons or persons with physical or developmental disabilities or their family members or other representatives. The age or disability represented by these 11 members shall correspond to the proportion of numbers of persons, as determined by the department, receiving long-term care in this state who are aged 65 or older or have a physical or developmental disability. The total remaining 10 members shall consist of providers of long-term care services, persons residing in the county with recognized ability and demonstrated interest in long-term care, and up to 3 members of the governing board of the tribe or band or the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., that appoints the local long-term care council.

Note: Conforms capitalization to current style.

AB934, s. 149 Section 149. 46.282 (2) (d) of the statutes is amended to read:

AB934,57,2 46.282 (2) (d) Compensation and training. Members of the local long-term care council who are older persons, persons with physical or developmental disabilities, or the family members or other representatives of these persons shall receive compensation from the applicable county for reasonable expenses associated with membership participation. The county board of supervisors or, in the case of a member appointed by the governing body of a tribe or band or by the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., the tribe or band or the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., shall provide training to these members to enable them to participate effectively.

Note: Conforms capitalization to current style.

AB934, s. 150 Section 150. 46.282 (3) (a) 1. (intro.) of the statutes is amended to read:

AB934,57,10 46.282 (3) (a) 1. (intro.) Develop the initial plan for the structure of the county, multicounty or tribal resource center, and care management organization or organizations, including formulating recommendations to the county board or boards of supervisors and, in a county with a county executive or a county administrator, to the county executive or county administrator, to the governing body of the tribe or band or of the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., if applicable, and to the department on all of the following:

Note: Conforms capitalization to current style.

AB934, s. 151 Section 151. 46.282 (3) (a) 1. a. of the statutes is amended to read:

AB934,57,16 46.282 (3) (a) 1. a. Whether or not the county, counties, tribe or band, or Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., should exercise its the right to apply under s. 46.283 (1) for a contract to operate a resource center or to apply under s. 46.284 (1) for a contract to operate a care management organization and how the operation should proceed.

Note: Conforms capitalization to current style.

AB934, s. 152 Section 152. 46.282 (3) (a) 1. d. of the statutes is amended to read:

AB934,57,20 46.282 (3) (a) 1. d. If applicable, how county-operated functions should interact with a resource center or care management organization that is operated by a tribe or band or by the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc.

Note: Conforms capitalization to current style.

AB934, s. 153 Section 153. 46.283 (1) (b) of the statutes is amended to read:

AB934,58,5 46.283 (1) (b) After considering recommendations of the local long-term care council under s. 46.282 (3) (a) 1., the governing body of a tribe or band or of the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., may decide whether to authorize a tribal agency to apply to the department for a contract to operate a resource center for tribal members and, if so, which client group to serve.

Note: Conforms capitalization to current style.

AB934, s. 154 Section 154. 46.283 (1) (c) of the statutes is amended to read:

AB934,58,12 46.283 (1) (c) Under the requirements of par. (a), a county board of supervisors may decide to apply to the department for a contract to operate a multicounty resource center in conjunction with the county board or boards of one or more other counties or a county-tribal resource center in conjunction with the governing body of a tribe or band or the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc.

Note: Conforms capitalization to current style.

AB934, s. 155 Section 155. 46.283 (1) (d) of the statutes is amended to read:

AB934,58,18 46.283 (1) (d) Under the requirements of par. (b), the governing body of a tribe or band may decide to apply to the department for a contract to operate a resource center in conjunction with the governing body or governing bodies of one or more other tribes or bands or the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., or with a county board of supervisors.

Note: Conforms capitalization to current style.

AB934, s. 156 Section 156. 46.283 (2) (a) of the statutes is amended to read:

AB934,59,2 46.283 (2) (a) Before July 1, 2001, the department may contract only with a county, a family care district, the governing body of a tribe or band or the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., or with 2 or more of these entities under a joint application, to operate a resource center.

Note: Conforms capitalization to current style.

AB934, s. 157 Section 157. 46.283 (2) (b) (intro.) of the statutes is amended to read:

AB934,59,12 46.283 (2) (b) (intro.) After June 30, 2001, the department shall contract with the entities specified under s. 46.281 (1) (d) 1. and may, in addition to contracting with these entities and subject to approval of necessary funding, contract to operate a resource center with counties, family care districts, or the governing body of a tribe or band or the Great Lakes inter-tribal council, inc., or Inter-Tribal Council, Inc., under a joint application of any of these, or with a private nonprofit organization if the department determines that the organization has no significant connection to an entity that operates a care management organization and if any of the following applies:

Note: Conforms capitalization to current style.

AB934, s. 158 Section 158. 46.284 (1) (b) of the statutes is amended to read:

AB934,59,17 46.284 (1) (b) The governing body of a tribe or band or of the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., may decide whether to authorize a tribal agency to apply to the department for a contract to operate a care management organization for tribal members and, if so, which client group to serve.

Note: Conforms capitalization to current style.

AB934, s. 159 Section 159. 46.284 (1) (c) of the statutes is amended to read:

AB934,60,2 46.284 (1) (c) Under the requirements of par. (a), a county board of supervisors may decide to apply to the department for a contract to operate a multicounty care management organization in conjunction with the county board or boards of one or more other counties or a county-tribal care management organization in conjunction with the governing body of a tribe or band or the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc.

Note: Conforms capitalization to current style.

AB934, s. 160 Section 160. 46.284 (1) (d) of the statutes is amended to read:

AB934,60,8 46.284 (1) (d) Under the requirements of par. (b), the governing body of a tribe or band may decide to apply to the department for a contract to operate a care management organization in conjunction with the governing body or governing bodies of one or more other tribes or bands or the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., or with a county board of supervisors.

Note: Conforms capitalization to current style.

AB934, s. 161 Section 161. 46.284 (2) (b) 1. b. of the statutes is amended to read:

AB934,60,12 46.284 (2) (b) 1. b. The governing body of a tribe or band or the Great Lakes inter-tribal council, inc. Inter-Tribal Council, Inc., elects to operate a care management organization within the area and is certified under sub. (3).

Note: Conforms capitalization to current style.

AB934, s. 162 Section 162. 46.37 of the statutes is amended to read:

AB934,61,2 46.37 Certain water and sewerage service in Winnebago County. The department, as a member of the tri-institutional Winnebago mental health institute Mental Health Institute, Winnebago county asylum County Asylum, and Sunny View sanatorium Sanatorium sewer agreement in Winnebago county County, is authorized to furnish and charge for water and sewage sewerage services to business and dwelling units located in the privately owned area lying west of the Winnebago mental health institute Mental Health Institute and bounded on the west by the railroad properties and on the north, east, and south by the grounds of the Winnebago mental health institute Mental Health Institute, together with such any dwelling or other units as now exist or as may be erected located on the railroad railroad-owned and state owned state-owned property adjacent to this area.

Note: Substitutes the present tense "located" for "as now exist or as may be erected." A statute is regarded as speaking in the present, as of the time it is read or applied. Also, under s. 990.001 (3) the present tense of a verb includes the future when applicable. Conforms capitalization and hyphenation to current style.

AB934, s. 163 Section 163. 46.986 (6) (title) of the statutes is created to read:

AB934,61,4 46.986 (6) (title) Evaluation.

Note: The remaining subsections of s. 46.986 have titles.

AB934, s. 164 Section 164. 48.23 (1) of the statutes is renumbered 48.23 (1m).

Note: Accommodates the renumbering of s. 48.23 (6) to 48.23 (1g) by the next section of this bill.

AB934, s. 165 Section 165. 48.23 (6) of the statutes is renumbered 48.23 (1g) and amended to read:

AB934,61,11 48.23 (1g) Definition. For the purposes of In this section, "counsel" means an attorney acting as adversary counsel who shall advance and protect the legal rights of the party represented, and who may not act as guardian ad litem or court-appointed special advocate for any party in the same proceeding.

Note: Renumbers provision to beginning of section and modifies language, consistent with current style.

AB934, s. 166 Section 166. 48.357 (1) of the statutes is renumbered 48.357 (1) (a) and amended to read:

AB934,62,8 48.357 (1) (a) The person or agency primarily responsible for implementing the dispositional order, the district attorney, or the corporation counsel may request a change in the placement of the child or expectant mother, whether or not the change requested is authorized in the dispositional order, and shall cause written notice to be sent to the child, the parent, guardian, and legal custodian of the child, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate , and, if the child is the expectant mother of an unborn child under s. 48.133, the unborn child by the unborn child's guardian ad litem. If the expectant mother is an adult, written notice shall be sent to the adult expectant mother and the unborn child by the unborn child's guardian ad litem. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court.

AB934,62,23 (b) Any person receiving the notice under this subsection par. (a) or notice of a specific placement under s. 48.355 (2) (b) 2., other than a court-appointed special advocate, may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice. Placements may not be changed until 10 days after that notice is sent to the court unless the parent, guardian , or legal custodian and the child, if 12 years of age or over, or the child expectant mother, if 12 years of age or over, her parent, guardian, or legal custodian and the unborn child by the unborn child's guardian ad litem, or the adult expectant mother and the unborn child by the unborn child's guardian ad litem, sign written waivers of objection, except that placement changes which that were authorized in the dispositional order may be made immediately if notice is given as required in this subsection under par. (a). In addition, a hearing is not required for placement changes authorized in the dispositional order except when an objection filed by a person who received notice alleges that new information is available which that affects the advisability of the court's dispositional order.

Note: Subdivides provision to improve the readability of that provision.

AB934, s. 167 Section 167. 48.357 (2) of the statutes is amended to read:

AB934,63,10 48.357 (2) If emergency conditions necessitate an immediate change in the placement of a child or expectant mother placed outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the child or expectant mother to a new placement, whether or not authorized by the existing dispositional order, without the prior notice provided in sub. (1) (a). The notice shall, however, be sent within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under sub. (1) (b). In emergency situations, a child may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days, as well as in any placement authorized under s. 48.345 (3).

Note: Corrects cross-references to conform to the renumbering and amendment of s. 48.357 (1) by this bill.

AB934, s. 168 Section 168. 48.357 (2m) of the statutes is renumbered 48.357 (2m) (a) and amended to read:

AB934,63,21 48.357 (2m) (a) The child, the parent, guardian, or legal custodian of the child, the expectant mother, the unborn child by the unborn child's guardian at ad litem, or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this subsection paragraph. The request shall contain the name and address of the place of the new placement requested and shall state what new information is available which that affects the advisability of the current placement. This The request shall be submitted to the court. In addition, the court may propose a change in placement on its own motion.

AB934,64,14 (b) The court shall hold a hearing on the matter prior to ordering any change in placement requested or proposed under this subsection par. (a) if the request states that new information is available which that affects the advisability of the current placement, unless written waivers of objection to the proposed change in placement are signed by all persons entitled to receive notice under sub. (1) (a), other than a court-appointed special advocate, and the court approves. If a hearing is scheduled, the court shall notify the child, the parent, guardian, and legal custodian of the child, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child, the child's court-appointed special advocate, all parties who are bound by the dispositional order, and, if the child is the expectant mother of an unborn child under s. 48.133, the unborn child by the unborn child's guardian ad litem, or shall notify the adult expectant mother, the unborn child by the unborn child's guardian ad litem, and all parties who are bound by the dispositional order, at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. If all the parties consent, the court may proceed immediately with the hearing.

Note: Subdivides provision for improved readability and corrects an incorrect term.

AB934, s. 169 Section 169. 48.357 (2r) of the statutes is amended to read:

AB934,65,6 48.357 (2r) If a hearing is held under sub. (1) (b) or (2m) (b) and the change in placement would remove a child from a foster home, treatment foster home, or other placement with a physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing or to submit a written statement prior to the hearing, relating to the child and the requested change in placement. Any written or oral statement made under this subsection shall be made under oath or affirmation. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (b) or (2m) (b) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

Note: Corrects cross-references to conform to the renumbering and amendment of s. 48.357 (1) and (2m) by this bill.

AB934, s. 170 Section 170. 48.357 (2v) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB934,65,16 48.357 (2v) If a hearing is held under sub. (1) (b) or (2m) (b) and the change in placement would place the child outside the home in a placement recommended by the person or agency primarily responsible for implementing the dispositional order, the change in placement order shall include a statement that the court approves the placement recommended by that person or agency or, if the child is placed outside the home in a placement other than a placement recommended by that person or agency, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the child's placement.

Note: Corrects cross-references to conform to the renumbering and amendment of s. 48.357 (1) and (2m) by this bill.

AB934, s. 171 Section 171. 48.375 (7) (a) 1. of the statutes is amended to read:

AB934,65,19 48.375 (7) (a) 1. Appoint legal counsel under s. 48.23 (1) (1m) (cm) for the minor if the minor is not represented by counsel.

Note: Section 48.23 (1) is renumbered to s. 48.23 (1m) by this bill.

AB934, s. 172 Section 172. 48.981 (2) of the statutes, as affected by 2001 Wisconsin Acts 38, 59 and 70, is renumbered 48.981 (2) (a) (intro.) and amended to read:

AB934,66,17 48.981 (2) (a) (intro.) A physician, coroner, medical examiner, nurse, dentist, chiropractor, optometrist, acupuncturist, other medical or mental health professional, social worker, marriage and family therapist, professional counselor, public assistance worker, including a financial and employment planner, as defined in s. 49.141 (1) (d), school teacher, administrator or counselor, mediator under s. 767.11, child care worker in a day care center or residential care center for children and youth, day care provider, alcohol or other drug abuse counselor, member of the treatment staff employed by or working under contract with a county department under s. 46.23, 51.42 or 51.437 or a residential care center for children and youth, physical therapist, physical therapist assistant, occupational therapist, dietitian, speech-language pathologist, audiologist, emergency medical technician, first responder or police or law enforcement officer having Any of the following persons who has reasonable cause to suspect that a child seen by the person in the course of professional duties has been abused or neglected or having who has reason to believe that a child seen by the person in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur shall, except as provided under sub. (2m), report as provided in sub. (3).:

AB934,66,23 (b) A court-appointed special advocate having who has reasonable cause to suspect that a child seen in the course of the court-appointed special advocate's activities under s. 48.236 (3) has been abused or neglected or having who has reason to believe that a child seen in the course of those activities has been threatened with abuse and neglect and that abuse or neglect of the child will occur shall, except as provided in sub. (2m), report as provided in sub. (3).