SB40: Bill Text

SB40, s. 830 Section 830. 46.037 of the statutes is renumbered 49.343 and amended to read:

SB40,508,11 49.343 Rates for residential child care centers and group homes. (1) Subject to sub. (1m), each residential child care center for children and youth, as defined in s. 48.02 (15d), and each group home, as defined in s. 48.02 (7), that is licensed under s. 48.625 and incorporated under ch. 180, 181, 185, or 193 shall establish a per client rate for its services and shall charge all purchasers the same rate.

SB40,508,23 (1m) Notwithstanding sub. (1), the department, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those county departments, or the department and one or more of those county departments, and a residential child care center for children and youth or group home, as described in sub. (1), may negotiate a per client rate for the services of that residential child care center for children and youth or group home, if the department, that county department, the county departments in that group of county departments, or the department and one or more of those county departments, agree to place 75% or more of the residents of that residential child care center for children and youth or group home during the period for which that rate is effective. A residential child care center for children and youth or group home that negotiates a per client rate under this subsection shall charge that rate to all purchasers of its services.

SB40,509,6 (2) A residential child care center for children and youth or a group home, as described in sub. (1) or (1m), shall submit to the department the rate it charges and any change in that rate before a charge is made to any purchaser. The department shall provide forms and instructions for the submission of rates and changes in rates under this subsection and a residential child care center for children and youth or a group home that is required to submit a rate or a change in a rate under this subsection shall submit that rate or change in a rate using those forms and instructions.

SB40,509,9 (3) The department may require an audit of any residential child care center for children and youth or group home, as described in sub. (1) or (1m), for the purpose of collecting federal funds.

SB40, s. 831 Section 831. 46.043 (1) of the statutes is amended to read:

SB40,509,18 46.043 (1) In addition to inpatient and outpatient services provided at mental health institutes under ss. 51.05 and 51.07, the department may authorize mental health institutes to offer services other than inpatient mental health services when the department determines that community services need to be supplemented. Services that may be offered under this section include mental health outpatient treatment and services, day programming, consultation and services in residential facilities, including group homes, child caring institutions residential care centers for children and youth and community-based residential facilities.

SB40, s. 832 Section 832. 46.057 (2) of the statutes is amended to read:

SB40,510,4 46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $1,379,300 in each fiscal year 2005-06 and $1,379,300 in fiscal year 2006-07 and, from the appropriation account under s. 20.410 (3) (hm), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $2,271,200 $2,639,800 in fiscal year 2005-06 and $2,390,600 2007-08 and $2,707,300 in fiscal year 2006-07 2008-09 for services for juveniles placed at the Mendota juvenile treatment center. The department of health and family services may charge the department of corrections not more than the actual cost of providing those services.

SB40, s. 833 Section 833. 46.10 (14) (b) of the statutes is amended to read:

SB40,510,14 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355 or 48.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, subsidized guardianship home, or residential care center for children and youth shall be determined by the court by using the percentage standard established by the department of workforce development children and families under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under s. 46.247 par. (g).

SB40, s. 834 Section 834. 46.10 (14) (g) of the statutes is created to read:

SB40,510,22 46.10 (14) (g) For purposes of determining child support under par. (b), the department shall promulgate rules related to the application of the standard established by the department of children and families under s. 49.22 (9) to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 48.355 or 48.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

SB40, s. 835 Section 835. 46.10 (16) of the statutes is amended to read:

SB40,511,11 46.10 (16) The department shall delegate to county departments under ss. 51.42 and 51.437 or the local providers of care and services meeting the standards established by the department under s. 46.036, the responsibilities vested in the department under this section for collection of patient fees for services other than those provided at state facilities or, those provided to children that are reimbursed under a waiver under s. 46.27 (11), 46.275,, 46.278, or 46.2785, or a waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act 33, section 9124 (8c), those provided under the disabled children's long-term support program if the county departments or providers meet the conditions that the department determines are appropriate. The department may delegate to county departments under ss. 51.42 and 51.437 the responsibilities vested in the department under this section for collection of patient fees for services provided at the state facilities if the necessary conditions are met.

SB40, s. 836 Section 836. 46.16 (1) of the statutes is amended to read:

SB40,511,18 46.16 (1) Generally. The department shall investigate and supervise all the charitable and curative institutions, including county infirmaries, of every county and municipality, except tuberculosis sanatoriums; all shelter care facilities for children and, and all hospitals, asylums, and institutions, organized for the purpose set forth in s. 58.01, and familiarize itself with all the circumstances affecting their management and usefulness.

SB40, s. 837 Section 837. 46.16 (2) of the statutes is repealed.

SB40, s. 838 Section 838. 46.16 (2m) of the statutes is repealed.

SB40, s. 839 Section 839. 46.16 (2s) of the statutes is repealed.

SB40, s. 840 Section 840. 46.16 (3) of the statutes is amended to read:

SB40,512,5 46.16 (3) County homes, poor relief. It The department shall visit the county homes and ascertain the number of each sex and the number of mentally ill, mentally deficient, deaf, or blind persons, and children supported in each, at what cost and under what circumstances affecting their health, comfort, morals, and education; collect statistics of the cost of support, and other important facts, of the poor relieved at public expense outside of county homes; and collect information as to the adequacy and efficiency of existing laws for the support and relief of the poor, and the causes of pauperism in the state.

SB40, s. 841 Section 841. 46.16 (7) of the statutes is amended to read:

SB40,512,15 46.16 (7) Enforcement by attorney general and district attorneys. Upon request of the department, the attorney general or the district attorney of the proper county shall aid in any investigation, inspection, hearing, or trial had under the provisions of this chapter, or those sections of ch. 48 relating to powers of the department, and shall institute and prosecute all necessary actions or proceedings for the enforcement of such those provisions and for the punishment of violations of the same those provisions. The attorney general or district attorney so requested shall report or confer with the department regarding the request, within 30 days after the receipt of such the request.

SB40, s. 842 Section 842. 46.17 (1) of the statutes is amended to read:

SB40,512,20 46.17 (1) The department shall fix reasonable standards and regulations for the design, construction, repair, and maintenance of county homes, county infirmaries, county hospitals, and mental health facilities and shelter care facilities, with respect to their adequacy and fitness for the needs which they are to serve.

SB40, s. 843 Section 843. 46.206 (1) (a) of the statutes is amended to read:

SB40,513,4 46.206 (1) (a) The department shall supervise the administration of social services, except as provided under ch. 48 and subch. III of ch. 49 and except for juvenile delinquency-related services. The department shall submit to the federal authorities state plans for the administration of social services, except as provided under ch. 48 and subch. III of ch. 49 and except for juvenile delinquency-related services, in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.

SB40, s. 844 Section 844. 46.206 (1) (bm) of the statutes is amended to read:

SB40,513,17 46.206 (1) (bm) All records of the department relating to aid provided under s. 49.46, 49.465, 49.468, 49.47, 49.471, or 49.77 are open to inspection at reasonable hours by members of the legislature who require the information contained in the records in pursuit of a specific state legislative purpose. All records of any county relating to aid provided under s. 49.46, 49.465, 49.468, 49.47, 49.471, or 49.77 are open to inspection at reasonable hours by members of the board of supervisors of the county or the governing body of a city, village or town located in the county who require the information contained in the records in pursuit of a specific county or municipal legislative purpose. The right to records access provided by this paragraph does not apply if access is prohibited by federal law or regulation or if this state is required to prohibit such access as a condition precedent to participation in a federal program in which this state participates.

SB40, s. 845 Section 845. 46.206 (2) of the statutes is amended to read:

SB40,513,22 46.206 (2) The county administration of all laws relating to social services, except with respect to the programs under ch. 48 and subch. III of ch. 49 and to juvenile delinquency-related programs, shall be vested in the officers and agencies designated in the statutes.

SB40, s. 846 Section 846. 46.21 (2m) (c) of the statutes is amended to read:

SB40,514,15 46.21 (2m) (c) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7) and 253.07 (3) (c), a subunit of a county department of human services or tribal agency acting under this subsection may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of human services or tribal agency, with a resource center, a care management organization, or a family long-term care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person providing services to the client under a purchase of services contract with the county department of human services or tribal agency or with a resource center, a care management organization, or a family long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of human services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this paragraph shall document that a request for information was received and what information was provided.

SB40, s. 847 Section 847. 46.21 (5) (b) of the statutes is amended to read:

SB40,514,18 46.21 (5) (b) Sections 46.10, 49.08, 49.345, 49.90, and 301.12 govern the support and maintenance of persons in any of the institutions specified in sub. (2) (a).

SB40, s. 848 Section 848. 46.215 (1) (d) of the statutes is amended to read:

SB40,514,25 46.215 (1) (d) To make investigations that relate to services under subchs. II, IV, and V of ch. 49 upon request by the department of health and family services, to make investigations that relate to juvenile delinquency-related services at the request of the department of corrections, and to make investigations that relate to programs under ch. 48 and subch. III of ch. 49 upon request by the department of workforce development children and families.

SB40, s. 849 Section 849. 46.215 (1) (j) of the statutes is amended to read:

SB40,515,5 46.215 (1) (j) To make payments in such manner as the department of workforce development children and families may determine for training of recipients, former recipients, and potential recipients of aid in programs established under s. 49.193, 1997 stats., and s. 49.26 (1).

SB40, s. 850 Section 850. 46.215 (1m) of the statutes is amended to read:

SB40,515,23 46.215 (1m) Exchange of information; long-term care. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a subunit of a county department of social services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of social services or tribal agency, with a resource center, a care management organization, or a family long-term care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person providing services to the client under a purchase of services contract with the county department of social services or tribal agency or with a resource center, a care management organization, or a family long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of social services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this subsection shall document that a request for information was received and what information was provided.

SB40, s. 851 Section 851. 46.215 (1p) of the statutes is amended to read:

SB40,516,7 46.215 (1p) Exchange of information; statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) and (2) (a) 938.396 (1) and (2), and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 46.03 48.47 (7g).

SB40, s. 852 Section 852. 46.215 (2) (a) 2. of the statutes is amended to read:

SB40,516,18 46.215 (2) (a) 2. In order to ensure the availability of a full range of care and services, the county department of social services may contract, either directly or through the department of workforce development children and families, with public or voluntary agencies or others to purchase, in full or in part, care and services under ch. 48 and subch. III of ch. 49 which the county department of social services is authorized to furnish. This care and these services may be purchased from the department of workforce development children and families if the department of workforce development children and families has staff to furnish the services. If the county department of social services has adequate staff, it may sell the care and services directly to another county or state agency.

SB40, s. 853 Section 853. 46.215 (2) (b) of the statutes is amended to read:

SB40,517,2 46.215 (2) (b) A county department of social services may purchase development and training services from the department of health and family services, from the department of workforce development children and families, from the department of corrections or from other county agencies when the services are available. A county department of social services may sell the development and staff training services to another county or state agency if the county department has adequate staff to provide the services.

SB40, s. 854 Section 854. 46.215 (2) (c) 2. of the statutes is amended to read:

SB40,517,13 46.215 (2) (c) 2. A county department of social services shall develop, under the requirements of s. 49.34, plans and contracts for care and services to be purchased under ch. 48 and subch. III of ch. 49. The department of workforce development children and families may review the contracts and approve them if they are consistent with s. 49.34 and if state or federal funds are available for such purposes. The joint committee on finance may require the department of workforce development children and families to submit the contracts to the committee for review and approval. The department of workforce development children and families may not make any payments to a county for programs included in a contract under review by the committee.

SB40, s. 855 Section 855. 46.215 (2) (c) 3. of the statutes is amended to read:

SB40,517,24 46.215 (2) (c) 3. A county department of social services shall develop, under the requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related care and services to be purchased. The department of corrections may review the contracts and approve them if they are consistent with s. 301.08 (2) and if state or federal funds are available for such purposes. The joint committee on finance may require the department of corrections to submit the contracts to the committee for review and approval. The department of corrections may not make any payments to a county for programs included in a contract under review by the committee. The department of corrections shall reimburse each county for the contracts from the appropriations under s. 20.410 (3) (cd) and, (ko), and (r) as appropriate.

SB40, s. 856 Section 856. 46.215 (3) of the statutes is amended to read:

SB40,518,5 46.215 (3) Program budgets. The county department of social services shall submit a final budget to the department of health and family services under s. 46.031 (1), to the department of corrections under s. 301.031 (1), and to the department of workforce development children and families under s. 49.325 (1), for authorized services.

SB40, s. 857 Section 857. 46.22 (1) (b) 1. b. of the statutes is amended to read:

SB40,518,9 46.22 (1) (b) 1. b. To make investigations which relate to welfare services, except as provided under ch. 48 and subch. III of ch. 49, upon request by the department of health and family services.

SB40, s. 858 Section 858. 46.22 (1) (b) 1. d. of the statutes is amended to read:

SB40,518,13 46.22 (1) (b) 1. d. To submit a final budget in accordance with s. 46.031 (1) for services authorized in this section, except for the administration of and cost of aid granted under ss. 49.02, 49.19 and 49.45 to 49.47 49.471.

SB40, s. 859 Section 859. 46.22 (1) (b) 1. f. of the statutes is renumbered 46.22 (1) (b) 2. fm.

SB40, s. 860 Section 860. 46.22 (1) (b) 2. (intro.) of the statutes is amended to read:

SB40,518,19 46.22 (1) (b) 2. (intro.) A county department of social services shall have the following functions, duties, and powers in accordance with the rules promulgated by the department of workforce development children and families and subject to the supervision of the department of workforce development children and families:

SB40, s. 861 Section 861. 46.22 (1) (b) 2. c. of the statutes is amended to read:

SB40,518,23 46.22 (1) (b) 2. c. To make investigations as provided under ch. 48 and subch. III of ch. 49 upon request by the department of workforce development children and families.

SB40, s. 862 Section 862. 46.22 (1) (b) 2. e. of the statutes is amended to read:

SB40,519,4 46.22 (1) (b) 2. e. To make payments in such manner as the department of workforce development children and families may determine for training of recipients, former recipients and potential recipients of aid in programs established under ss. 49.193, 1997 stats., and s. 49.26 (1).

SB40, s. 863 Section 863. 46.22 (1) (b) 2. g. of the statutes is amended to read:

SB40,519,8 46.22 (1) (b) 2. g. To make certification or referral of eligibles for state or federal works or other assistance programs under ch. 48 and subch. III of ch. 49, eligibility for which is based on need.

SB40, s. 864 Section 864. 46.22 (1) (b) 3. (intro.) of the statutes is amended to read:

SB40,519,14 46.22 (1) (b) 3. (intro.) A county department of social services shall have the following functions, duties, and powers in accordance with the rules promulgated and standards established by the department of health and family services and subject to the supervision of the department of workforce development children and families:

SB40, s. 865 Section 865. 46.22 (1) (b) 3. d. of the statutes is amended to read:

SB40,519,18 46.22 (1) (b) 3. d. To submit a final budget to the department of workforce development children and families in accordance with s. 49.325 for services authorized in this subdivision.

SB40, s. 866 Section 866. 46.22 (1) (c) 8. f. of the statutes is amended to read:

SB40,519,22 46.22 (1) (c) 8. f. The county department of social services shall implement the statewide automated child welfare information system established by the department under s. 46.03 48.47 (7g).

SB40, s. 867 Section 867. 46.22 (1) (d) of the statutes is amended to read:

SB40,520,5 46.22 (1) (d) Merit system; records. The county department of social services is subject to s. 49.78 (4) to (7). The county department of social services and all county officers and employees performing any duties in connection with the administration of aid to families with dependent children shall observe all rules promulgated by the department of workforce development children and families under s. 49.78 (4) and shall keep records and furnish reports as the department of workforce development children and families requires in relation to their performance of such duties.

SB40, s. 868 Section 868. 46.22 (1) (dm) of the statutes is amended to read:

SB40,520,23 46.22 (1) (dm) Exchange of information; long-term care. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a subunit of a county department of social services or tribal agency acting under this subsection may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of social services or tribal agency, with a resource center, a care management organization, or a family long-term care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person providing services to the client under a purchase of services contract with the county department of social services or tribal agency or with a resource center, a care management organization, or a family long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of social services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this paragraph shall document that a request for information was received and what information was provided.

SB40, s. 869 Section 869. 46.22 (1) (dp) of the statutes is amended to read:

SB40,521,7 46.22 (1) (dp) Exchange of information; statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) and (2) (a) 938.396 (1) and (2), and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 46.03 48.47 (7g).

SB40, s. 870 Section 870. 46.22 (1) (e) 1. of the statutes is amended to read:

SB40,521,21 46.22 (1) (e) 1. In order to ensure the availability of a full range of care and services, a county department of social services may contract, either directly or through the department of health and family services, the department of workforce development children and families, or the department of corrections, with public or voluntary agencies or others to purchase, in full or in part, care and services which the county department of social services is authorized by any statute to furnish in any manner. The services may be purchased from the department of health and family services, the department of workforce development children and families, or the department of corrections if the department of health and family services, the department of workforce development children and families, or the department of corrections has staff to furnish the services. The county department of social services, if it has adequate staff, may sell the care and services directly to another county or state agency.

SB40, s. 871 Section 871. 46.22 (1) (e) 2. of the statutes is amended to read:

SB40,522,3 46.22 (1) (e) 2. A county department of social services may purchase development and training services from the department of health and family services, the department of workforce development children and families, or the department of corrections or from other county agencies if the services are available or sell the development and staff training services to another county or state agency if the county department of social services has adequate staff to provide the services.

SB40, s. 872 Section 872. 46.22 (1) (e) 3. a. of the statutes is amended to read:

SB40,522,16 46.22 (1) (e) 3. a. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for care and services, except under ch. 48, subch. III of ch. 49, and s. 301.08 (2), to be purchased. The department of health and family services may review the contracts and approve them if they are consistent with s. 46.036 and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of health and family services to submit the contracts to the committee for review and approval. The department of health and family services may not make any payments to a county for programs included in the contract that is under review by the committee. The department of health and family services shall reimburse each county for the contracts from the appropriations under s. 20.435 (7) (b) and (o) according to s. 46.495.

SB40, s. 873 Section 873. 46.22 (1) (e) 3. b. of the statutes is amended to read:

SB40,523,2 46.22 (1) (e) 3. b. A county department of social services shall develop, under the requirements of s. 49.34, plans and contracts for care and services under ch. 48 and subch. III of ch. 49 to be purchased. The department of workforce development children and families may review the contracts and approve them if they are consistent with s. 49.34 and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of workforce development children and families to submit the contracts to the committee for review and approval. The department of workforce development children and families may not make any payments to a county for programs included in the contract that is under review by the committee.

SB40, s. 874 Section 874. 46.22 (1) (e) 3. c. of the statutes is amended to read: