AB100: Bill Text

AB100, s. 906 Section 906. 46.972 (2) (title) of the statutes is repealed.

AB100, s. 907 Section 907. 46.972 (2) of the statutes is renumbered 46.972.

AB100, s. 908 Section 908. 46.972 (3) of the statutes is renumbered 560.9811 and amended to read:

AB100,481,9 560.9811 Mental health services. (1) In this subsection section, "chronic mental illness" has the meaning given in s. 51.01 (3g).

AB100,481,17 (2) From the appropriation under s. 20.435 (7) (ce) 20.143 (2) (fr), the department may not allocate award more than $45,000 in each fiscal year to applying public or nonprofit private entities for the costs of providing certain mental health services to homeless individuals with chronic mental illness. Entities that receive funds allocated awarded by the department under this subsection shall provide the mental health services required under 42 USC 290cc-24. The amount that the department allocates awards to an applying entity may not exceed 50% of the amount of matching funds required under 42 USC 290cc-23.

AB100, s. 909 Section 909. 46.977 (2) (a) of the statutes is amended to read:

AB100,482,3 46.977 (2) (a) Annually, prior to April 30, an organization may apply to From the appropriation under s. 20.435 (7) (cg), the department for a grant may under this section, based on the criteria under par. (c), award grants to applying organizations for the purpose of recruiting, training, monitoring and assisting guardians for persons determined to be incompetent under ch. 880. By June 30, the department shall determine which organizations will receive a grant during the following fiscal year based on the criteria under par. (c). No grant may be awarded paid unless the applicant awardee provides matching funds equal to 10% of the amount of the award. The department shall make grants under this section from the appropriation under s. 20.435 (7) (cg).

AB100, s. 910 Section 910. 46.977 (2) (b) (intro.) of the statutes is amended to read:

AB100,482,6 46.977 (2) (b) (intro.) Organizations awarded grants under this section par. (a) shall do all of the following:

AB100, s. 911 Section 911. 46.977 (2) (b) 1. of the statutes is repealed.

AB100, s. 912 Section 912. 46.977 (2) (b) 2. of the statutes is amended to read:

AB100,482,10 46.977 (2) (b) 2. Provide training for recruited guardians and technical assistance on their duties guardianship issues.

AB100, s. 913 Section 913. 46.977 (2) (b) 3. of the statutes is repealed.

AB100, s. 914 Section 914. 46.977 (2) (b) 4. of the statutes is amended to read:

AB100,482,14 46.977 (2) (b) 4. Provide technical assistance to recruited guardians in performing their duties.

AB100, s. 915 Section 915. 46.977 (2) (c) (intro.) and 2. of the statutes are consolidated, renumbered 46.977 (2) (c) and amended to read:

AB100,482,20 46.977 (2) (c) In reviewing applications for grants, the department shall consider all of the following: The the extent to which the proposed program will effectively recruit, train, monitor and assist guardians for persons determined to be incompetent under ch. 880.

AB100, s. 916 Section 916. 46.977 (2) (c) 1. of the statutes is repealed.

AB100, s. 917 Section 917. 46.985 (2) (a) 4. of the statutes is amended to read:

AB100,483,6 46.985 (2) (a) 4. Procedures for coordinating the family support program and the use of its funds, throughout this state and in each service area, with other publicly funded programs including the community options program under s. 46.27; the community integration program Community Integration Program under ss. 46.275, 46.277, and 46.278; the Community Opportunity and Recovery Program under s. 46.2785; the social services, mental health, and developmental disabilities programs under ss. 46.495, 51.42, and 51.437; the independent living center program under s. 46.96; and the medical assistance Medical Assistance program under subch. IV of ch. 49.

AB100, s. 918 Section 918. 46.99 (2) (a) (intro.) of the statutes is amended to read:

AB100,483,14 46.99 (2) (a) (intro.) From the appropriations under s. 20.435 (3) (eg), (km) and (nL), the department shall distribute $2,125,200 in each fiscal year to applying nonprofit corporations and public agencies operating in a county having a population of 500,000 or more and $1,199,300 in each fiscal year to applying county departments under s. 46.22, 46.23, 51.42, or 51.437 operating in counties other than a county having a population of 500,000 or more to provide programs to accomplish all of the following:

AB100, s. 919 Section 919. 46.995 (1m) of the statutes is amended to read:

AB100,483,20 46.995 (1m) Tribal adolescent services allocations allocation. From the appropriation account under s. 20.435 (3) (km), the department may allocate $195,000 in each fiscal year and, from the appropriation account under s. 20.435 (3) (eg), the department may allocate $15,000 $210,000 in each fiscal year to provide the grants specified in subs. (2), (3) (b), and (4m) (b).

AB100, s. 920 Section 920. 46.995 (2) of the statutes is amended to read:

AB100,484,5 46.995 (2) Adolescent self-sufficiency services. From the allocations allocation under sub. (1m), the department may provide a grant annually in the amount of $85,000 to the elected governing body of a federally recognized American Indian tribe or band to provide services for adolescent parents which shall emphasize high school graduation and vocational preparation, training , and experience and may be structured so as to strengthen the adolescent parent's capacity to fulfill parental responsibilities by developing social skills and increasing parenting skills. The tribe or band seeking to receive a grant to provide these services shall develop a proposed service plan that is approved by the department.

AB100, s. 921 Section 921. 46.995 (3) (b) of the statutes is amended to read:

AB100,484,13 46.995 (3) (b) From the allocations allocation under sub. (1m), the department may provide a grant annually in the amount of $65,000 to the elected governing body of a federally recognized American Indian tribe or band to provide to high-risk adolescents pregnancy and parenthood prevention services which shall be structured so as to increase development of decision-making and communications skills, promote graduation from high school, and expand career and other options and which may address needs of adolescents with respect to pregnancy prevention.

AB100, s. 922 Section 922. 46.995 (4m) (b) (intro.) of the statutes is amended to read:

AB100,484,21 46.995 (4m) (b) (intro.) From the allocations allocation under sub. (1m), the department may provide a grant annually in the amount of $60,000 to the elected governing body of a federally recognized American Indian tribe or band for the provision of information to members of the tribe or band in order to increase community knowledge about problems of adolescents and information to and activities for adolescents, particularly female adolescents, in order to enable the adolescents to develop skills with respect to all of the following:

AB100, s. 923 Section 923. 48.09 (5) of the statutes is amended to read:

AB100,485,3 48.09 (5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s. 48.13, 48.133 or 48.977. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration justice of that change by January 1 of that odd-numbered year.

AB100, s. 924 Section 924. 48.33 (4) (intro.) of the statutes is amended to read:

AB100,485,10 48.33 (4) Other out-of-home placements. (intro.) A report recommending placement of an adult expectant mother outside of her home shall be in writing. A report recommending placement of a child in a foster home, treatment foster home, group home, or residential care center for children and youth or, in the home of a relative other than a parent, or in the home of a guardian under s. 48.977 (2) shall be in writing and shall include all of the following:

AB100, s. 925 Section 925. 48.345 (3) (c) of the statutes is amended to read:

AB100,485,14 48.345 (3) (c) A foster home or treatment foster home licensed under s. 48.62 or, a group home licensed under s. 48.625 , or in the home of a guardian under s. 48.977 (2).

AB100, s. 926 Section 926. 48.356 (1) of the statutes is amended to read:

AB100,485,25 48.356 (1) Whenever the court orders a child to be placed outside his or her home, orders an expectant mother of an unborn child to be placed outside of her home, or denies a parent visitation because the child or unborn child has been adjudged to be in need of protection or services under s. 48.345, 48.347, 48.357, 48.363, or 48.365 or whenever the court appoints a guardian for a child under s. 48.977 (2), the court shall orally inform the parent or parents who appear in court or the expectant mother who appears in court of any grounds for termination of parental rights under s. 48.415 which that may be applicable and of the conditions necessary for the child or expectant mother to be returned to the home or for the parent to be granted visitation.

AB100, s. 927 Section 927. 48.425 (1) (g) of the statutes is amended to read:

AB100,486,9 48.425 (1) (g) If an agency designated under s. 48.427 (3m) (a) 1. to 4. determines that it is unlikely that the child will be adopted, or if adoption would not be in the best interests of the child, the report shall include a plan for placing the child in a permanent family setting. The plan shall include a recommendation as to the agency to be named guardian of the child or, a recommendation that the person appointed as the guardian of the child under s. 48.977 (2) continue to be the guardian of the child, or a recommendation that a guardian be appointed for the child under s. 48.977 (2).

AB100, s. 928 Section 928. 48.427 (3m) (intro.) of the statutes is amended to read:

AB100,486,13 48.427 (3m) (intro.) If the rights of both parents or of the only living parent are terminated under sub. (3) and if a guardian has not been appointed under s. 48.977, the court shall either do one of the following:

AB100, s. 929 Section 929. 48.427 (3m) (c) of the statutes is created to read:

AB100,486,16 48.427 (3m) (c) Appoint a guardian under s. 48.977 and transfer guardianship and custody of the child to the guardian.

AB100, s. 930 Section 930. 48.427 (3p) of the statutes is amended to read:

AB100,486,22 48.427 (3p) If the rights of both parents or of the only living parent are terminated under sub. (3) and if a guardian has been appointed under s. 48.977, the court may enter one of the orders specified in sub. (3m) (a) or (b). If the court enters an order under this subsection, the court shall terminate the guardianship under s. 48.977.

AB100, s. 931 Section 931. 48.48 (10) of the statutes is amended to read:

AB100,486,25 48.48 (10) To license child welfare agencies and day care centers as provided in s. 48.66 (1) (a).

AB100, s. 932 Section 932. 48.48 (17) (a) 3. of the statutes is amended to read:

AB100,487,14 48.48 (17) (a) 3. Provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing the children in licensed foster homes, treatment foster homes, or group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing the children in the homes of guardians under s. 48.977 (2), or contracting for services for those children by licensed child welfare agencies, except that the department may not purchase the educational component of private day treatment programs unless the department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the department and the school district shall be resolved by the state superintendent of public instruction.

AB100, s. 933 Section 933. 48.48 (17) (c) 4. of the statutes is amended to read:

AB100,487,18 48.48 (17) (c) 4. Is living in a foster home, treatment foster home, group home, or, residential care center for children and youth, or subsidized guardianship home under s. 48.62 (5).

AB100, s. 934 Section 934. 48.57 (1) (c) of the statutes is amended to read:

AB100,488,7 48.57 (1) (c) To provide appropriate protection and services for children and the expectant mothers of unborn children in its care, including providing services for those children and their families and for those expectant mothers in their own homes, placing those children in licensed foster homes, treatment foster homes, or group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing those children in the homes of guardians under s. 48.977 (2), or contracting for services for those children by licensed child welfare agencies, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.

AB100, s. 935 Section 935. 48.57 (3) (a) 4. of the statutes is amended to read:

AB100,488,11 48.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home, or, residential care center for children and youth, or subsidized guardianship home under s. 48.62 (5).

AB100, s. 936 Section 936. 48.57 (3m) (cm) of the statutes is amended to read:

AB100,488,15 48.57 (3m) (cm) A kinship care relative who receives a payment under par. (am) for providing care and maintenance for a child is not eligible to receive a payment under sub. (3n) or s. 48.62 (4) or (5) for that child.

AB100, s. 937 Section 937. 48.57 (3m) (h) of the statutes is created to read:

AB100,488,24 48.57 (3m) (h) A county department or, in a county having a population of 500,000 or more, the department may recover an overpayment made under par. (am) from a kinship care relative who continues to receive payments under par. (am) by reducing the amount of the kinship care relative's monthly payment. The department may by rule specify other methods for recovering overpayments made under par. (am). A county department that recovers an overpayment under this paragraph due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule.

AB100, s. 938 Section 938. 48.57 (3n) (cm) of the statutes is amended to read:

AB100,489,3 48.57 (3n) (cm) A long-term kinship care relative who receives a payment under par. (am) for providing care and maintenance for a child is not eligible to receive a payment under sub. (3m) or s. 48.62 (4) or (5) for that child.

AB100, s. 939 Section 939. 48.57 (3n) (h) of the statutes is created to read:

AB100,489,12 48.57 (3n) (h) A county department or, in a county having a population of 500,000 or more, the department may recover an overpayment made under par. (am) from a long-term kinship care relative who continues to receive payments under par. (am) by reducing the amount of the long-term kinship care relative's monthly payment. The department may by rule specify other methods for recovering overpayments made under par. (am). A county department that recovers an overpayment under this paragraph due to the efforts of its officers and employees may retain a portion of the amount recovered, as provided by the department by rule.

AB100, s. 940 Section 940. 48.57 (3p) (a) of the statutes is amended to read:

AB100,489,19 48.57 (3p) (a) In this subsection, "adult resident" means a person 18 years of age or over who lives at the home of a person who has applied for or is receiving payments under sub. (3m) or (3n) or s. 48.62 (5) (a) or (b) with the intent of making that home his or her home or who lives for more than 30 days cumulative in any 6-month period at the home of a person who has applied for or is receiving payments under sub. (3m) or (3n) or s. 48.62 (5) (a) or (b).

AB100, s. 941 Section 941. 48.57 (3p) (b) 1. of the statutes is amended to read:

AB100,489,25 48.57 (3p) (b) 1. After receipt of an application for payments under sub. (3m) or (3n) or s. 48.62 (5) (a) or (b), the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of the applicant.

AB100, s. 942 Section 942. 48.57 (3p) (b) 3. of the statutes is amended to read:

AB100,490,7 48.57 (3p) (b) 3. The county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, may conduct a background investigation of any person who is receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b) at any time that the county department or department of health and family services considers to be appropriate.

AB100, s. 943 Section 943. 48.57 (3p) (c) 1. of the statutes is amended to read:

AB100,490,15 48.57 (3p) (c) 1. After receipt of an application for payments under sub. (3m) or (3n) or s. 48.62 (5) (a) or (b), the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall, in addition to the investigation under par. (b) 1., conduct a background investigation of all employees and prospective employees of the applicant who have or would have regular contact with the child for whom those payments are being made and of each adult resident.

AB100, s. 944 Section 944. 48.57 (3p) (c) 2m. of the statutes is amended to read:

AB100,490,24 48.57 (3p) (c) 2m. The county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, may conduct a background investigation of any of the employees or prospective employees of any person who is receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b) who have or would have regular contact with the child for whom payments are being made and of each adult resident at any time that the county department or department of health and family services considers to be appropriate.

AB100, s. 945 Section 945. 48.57 (3p) (c) 3. of the statutes is amended to read:

AB100,491,8 48.57 (3p) (c) 3. Before a person who is receiving payments under sub. (3m) or (3n) or s. 48.62 (5) (a) or (b) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of the prospective employee or prospective adult resident unless that person has already been investigated under subd. 1., 2. or 2m.

AB100, s. 946 Section 946. 48.57 (3p) (fm) 1m. of the statutes is amended to read:

AB100,492,7 48.57 (3p) (fm) 1m. The county department or, in a county having a population of 500,000 or more, the department of health and family services may not enter into the agreement under sub. (3n) (am) 6. or make payments under s. 48.62 (5) (a) or (b) unless the county department or department of health and family services receives information from the department of justice relating to the conviction record of the applicant under the law of this state and that record indicates either that the applicant has not been arrested or convicted or that the applicant has been arrested or convicted but the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision determines that the conviction record is satisfactory because it does not include any arrest or conviction that the director or person designated by the secretary determines is likely to adversely affect the child or the long-term kinship care relative's applicant's ability to care for the child. The county department or, in a county having a population of 500,000 or more, the department of health and family services may make payments under sub. (3n) or s. 48.62 (5) (a) or (b) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision determines is likely to adversely affect the child or the long-term kinship care relative's applicant's ability to care for the child.

AB100, s. 947 Section 947. 48.57 (3p) (fm) 2m. of the statutes is amended to read:

AB100,493,20 48.57 (3p) (fm) 2m. A person receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b) may provisionally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or provisionally permit a person to be an adult resident if the person receiving those payments states to the county department or, in a county having a population of 500,000 or more, the department of health and family services that, to the best of his or her knowledge, the employee or adult resident does not have any arrests or convictions that could adversely affect the child or the ability of the person receiving payments to care for the child. A person receiving payment under sub. (3n) or s. 48.62 (5) (a) or (b) may not finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident until the county department or, in a county having a population of 500,000 or more, the department of health and family services receives information from the department of justice relating to the person's conviction record under the law of this state and that record indicates either that the person has not been arrested or convicted or that the person has been arrested or convicted but the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision determines that the conviction record is satisfactory because it does not include any arrest or conviction that is likely to adversely affect the child or the long-term kinship care relative's ability of the person receiving payments to care for the child and the county department or department of health and family services so advises the person receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b). A person receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b) may finally employ a person in a position in which that person would have regular contact with the child for whom those payments are being made or finally permit a person to be an adult resident conditioned on the receipt of information from the county department or, in a county having a population of 500,000 or more, the department of health and family services that the federal bureau of investigation indicates that the person's conviction record under the law of any other state or under federal law is satisfactory because the conviction record does not include any arrest or conviction that the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision determines is likely to adversely affect the child or the long-term kinship care relative's ability of the person receiving payments to care for the child.

AB100, s. 948 Section 948. 48.57 (3p) (hm) of the statutes is amended to read:

AB100,494,6 48.57 (3p) (hm) A county department or, in a county having a population of 500,000 or more, the department may not make payments to a person under sub. (3n) or s. 48.62 (5) (a) or (b) and a person receiving payments under sub. (3n) or s. 48.62 (5) (a) or (b) may not employ a person in a position in which that person would have regular contact with the child for whom payments are being made or permit a person to be an adult resident if the director of the county department or, in a county having a population of 500,000 or more, the person designated by the secretary to review conviction records under this paragraph determines that the person has any arrest or conviction that is likely to adversely affect the child or the long-term kinship care relative's person's ability to care for the child.

AB100, s. 949 Section 949. 48.61 (3) of the statutes is amended to read:

AB100,494,11 48.61 (3) To provide appropriate care and training for children in its legal or physical custody and, if licensed to do so, to place children in licensed foster homes, licensed treatment foster homes, and licensed group homes and in the homes of guardians under s. 48.977 (2).

AB100, s. 950 Section 950. 48.615 (1) (b) of the statutes is amended to read:

AB100,494,17 48.615 (1) (b) Before the department may issue a license under s. 48.60 (1) to a child welfare agency that places children in licensed foster homes, licensed treatment foster homes, and licensed group homes and in the homes of guardians under s. 48.977 (2), the child welfare agency must pay to the department a biennial fee of $254.10.

AB100, s. 951 Section 951. 48.62 (4) of the statutes is amended to read:

AB100,495,8 48.62 (4) Monthly payments in foster care shall be provided according to the age-related rates specified in this subsection. Beginning on January 1, 2000, the age-related rates are: $299 for children aged 4 and under; $326 for children aged 5 to 11; $371 for children aged 12 to 14 and $387 for children aged 15 to 17. Beginning on January 1, 2001, the age-related rates are: $302 for children aged 4 and under; $329 for children aged 5 to 11; $375 for children aged 12 to 14; and $391 for children aged 15 to 17 2006, the age-related rates are $317 for a child under 5 years of age; $345 for a child 5 to 11 years of age; $394 for a child 12 to 14 years of age; and $411 for a child 15 years of age or over. Beginning on January 1, 2007, the age- related rates are to $332 for a child under five years of age; $362 for a child 5 to 11 years of age; $423 for a child 12 to 14 years of age; and $430 for a child 15 years of age or over. In addition to these grants for basic maintenance, the department shall make supplemental payments for special needs, exceptional circumstances, care in a treatment foster home, and initial clothing allowances according to rules promulgated by the department.

AB100, s. 952 Section 952. 48.62 (5) of the statutes is created to read: