SB40: Bill Text

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:

SB40,523,14 46.22 (1) (e) 3. c. 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 to the extent that 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 the contract that is 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. 875 Section 875. 46.22 (2g) (d) of the statutes is amended to read:

SB40,523,24 46.22 (2g) (d) Prepare, with the assistance of the county social services director under sub. (3m) (b) 5., a proposed budget for submission to the county executive or county administrator, a final budget for submission to the department of health and family services in accordance with s. 46.031 (1) for authorized services, except services under ch. 48, subch. III of ch. 49, or s. 301.08 (2), a final budget for submission to the department of workforce development children and families in accordance with s. 49.325 for authorized services under ch. 48 and subch. III of ch. 49, and a final budget for submission to the department of corrections in accordance with s. 301.031 (1) for authorized juvenile delinquency-related services.

SB40, s. 876 Section 876. 46.22 (3m) (b) 12. of the statutes is amended to read:

SB40,524,3 46.22 (3m) (b) 12. Establish priorities in addition to those mandated by the department of health and family services, by the department of workforce development children and families, or by the department of corrections.

SB40, s. 877 Section 877. 46.22 (3m) (b) 17. b. of the statutes is amended to read:

SB40,524,7 46.22 (3m) (b) 17. b. Such other reports as are required by the secretary of health and family services, the secretary of workforce development children and families, the secretary of corrections, and the county board of supervisors.

SB40, s. 878 Section 878. 46.23 (3) (a) of the statutes is amended to read:

SB40,524,18 46.23 (3) (a) Creation. Upon approval by the secretary of health and family services, by the secretary of corrections, and by the secretary of workforce development children and families of a feasibility study and a program implementation plan, the county board of supervisors of any county with a population of less than 500,000, or the county boards of supervisors of 2 or more contiguous counties, each of which has a population of less than 500,000, may establish by resolution a county department of human services on a single-county or multicounty basis to provide the services required under this section. The county department of human services shall consist of the county human services board, the county human services director and necessary personnel.

SB40, s. 879 Section 879. 46.23 (3) (am) 4. of the statutes is amended to read:

SB40,524,24 46.23 (3) (am) 4. No funds may be allocated to any multicounty department of human services until the counties have drawn up a detailed contractual agreement, approved by the secretary of health and family services, by the secretary of corrections, and by the secretary of workforce development children and families, setting forth the plan for joint sponsorship.

SB40, s. 880 Section 880. 46.23 (3) (e) of the statutes is amended to read:

SB40,525,17 46.23 (3) (e) 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 human 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 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. 881 Section 881. 46.23 (3) (ed) of the statutes is amended to read:

SB40,525,25 46.23 (3) (ed) 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. 882 Section 882. 46.23 (5) (a) 1. of the statutes is amended to read:

SB40,526,8 46.23 (5) (a) 1. Shall determine administrative and program policies, except as provided under ch. 48 and subch. III of ch. 49 and except for juvenile delinquency-related policies, within limits established by the department of health and family services. Policy decisions, except as provided under ch. 48 and subch. III of ch. 49 and except for juvenile delinquency-related policies, not reserved by statute for the department of health and family services may be delegated by the secretary to the county human services board.

SB40, s. 883 Section 883. 46.23 (5) (a) 2. of the statutes is amended to read:

SB40,526,15 46.23 (5) (a) 2. Shall determine administrative and program policies under ch. 48 and subch. III of ch. 49 within limits established by the department of workforce development children and families. Policy decisions under ch. 48 and subch. III of ch. 49 not reserved by statute for the department of workforce development children and families may be delegated by the secretary of workforce development children and families to the county human services board.

SB40, s. 884 Section 884. 46.23 (5) (b) of the statutes is amended to read:

SB40,526,19 46.23 (5) (b) Shall establish priorities in addition to those mandated by the department of health and family services, the department of corrections , or the department of workforce development children and families.

SB40, s. 885 Section 885. 46.23 (5) (c) 1. of the statutes is amended to read:

SB40,526,25 46.23 (5) (c) 1. Shall determine whether state mandated services, except for services under ch. 48 and subch. III of ch. 49 and juvenile delinquency-related services, are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of services contracts shall be subject to the conditions specified in s. 46.036.

SB40, s. 886 Section 886. 46.23 (5) (c) 2. of the statutes is amended to read:

SB40,527,5 46.23 (5) (c) 2. Shall determine whether state mandated services under ch. 48 and subch. III of ch. 49 are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of services contracts shall be subject to the conditions specified in s. 49.34.

SB40, s. 887 Section 887. 46.23 (5) (n) 1. of the statutes is amended to read:

SB40,527,13 46.23 (5) (n) 1. Shall submit a final budget in accordance with s. 46.031 (1) for authorized services, except for services under ch. 48 and subch. III of ch. 49 and juvenile delinquency-related services. Notwithstanding the categorization of or limits specified for funds allocated under s. 46.495 or 51.423 (2), with the approval of the department of health and family services the county human services board may expend these funds consistent with any service provided under s. 46.495 or 51.42.

SB40, s. 888 Section 888. 46.23 (5) (n) 2. of the statutes is amended to read:

SB40,527,19 46.23 (5) (n) 2. Shall submit a final budget in accordance with s. 49.325 (1) for authorized services under ch. 48 and subch. III of ch. 49. Notwithstanding the categorization of or limits specified for funds allocated under s. 48.569, with the approval of the department of children and families the county human services board may expend these funds consistent with any service provided under s. 48.569.

SB40, s. 889 Section 889. 46.23 (5m) (c) of the statutes is amended to read:

SB40,528,5 46.23 (5m) (c) Prepare, with the assistance of the county human services director under sub. (6m) (e), a proposed budget for submission to the county executive or county administrator, a final budget for submission to the department of health and family services in accordance with s. 46.031 (1) for authorized services, except services under ch. 48 and subch. III of ch. 49 and juvenile delinquency-related services, a final budget for submission to the department of workforce development children and families in accordance with s. 49.325 for authorized services under ch. 48 and subch. III of ch. 49, and a final budget for submission to the department of corrections in accordance with s. 301.031 for authorized juvenile delinquency-related services.

SB40, s. 890 Section 890. 46.23 (6) (a) (intro.) of the statutes is amended to read:

SB40,528,18 46.23 (6) (a) (intro.) A county human services director appointed under sub. (5) (f) shall have all of the administrative and executive powers and duties of managing, operating, maintaining, and improving the programs of the county department of human services, subject to the rules promulgated by the department of health and family services for programs, except services or programs under ch. 48 and subch. III of ch. 49 and juvenile delinquency-related services or programs, subject to the rules promulgated by the department of workforce development children and families for services or programs under ch. 48 and subch. III of ch. 49, and subject to the rules promulgated by the department of corrections for juvenile delinquency-related services or programs. In consultation with the county human services board under sub. (5) and subject to its approval, the county human services director shall prepare:

SB40, s. 891 Section 891. 46.23 (6) (a) 3. of the statutes is amended to read:

SB40,528,24 46.23 (6) (a) 3. Such other reports as are required by the secretary of health and family services, by the secretary of corrections, or by the secretary of workforce development children and families and the county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services.

SB40, s. 892 Section 892. 46.24 of the statutes is renumbered 48.375 (9) and amended to read:

SB40,529,9 48.375 (9) Assistance to minors concerning parental consent for abortion. If a minor who is contemplating an abortion requests assistance from a county department under s. 46.215, 46.22 or 46.23 in seeking the consent of the minor's parent, guardian, or legal custodian, or in seeking the consent of an adult family member, as defined in s. 48.375 (2) (b), for the contemplated abortion or in seeking a waiver from the circuit court, the county department shall provide assistance, including, if so requested, accompanying the minor as appropriate.

SB40, s. 893 Section 893. 46.247 of the statutes is renumbered 49.345 (14) (g) and amended to read:

SB40,529,19 49.345 (14) (g) Application of child support standard for certain children. For purposes of determining child support under s. 46.10 (14) par. (b), the department shall promulgate rules related to the application of the standard established by the department of workforce development 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. 894 Section 894. 46.261 (title) of the statutes is renumbered 48.645 (title).

SB40, s. 895 Section 895. 46.261 (1) of the statutes is renumbered 48.645 (1).

SB40, s. 896 Section 896. 46.261 (2) (title) of the statutes is renumbered 48.645 (2) (title).

SB40, s. 897 Section 897. 46.261 (2) (a) (intro.) of the statutes is renumbered 48.645 (2) (a) (intro.).

SB40, s. 898 Section 898. 46.261 (2) (a) 1. of the statutes is renumbered 48.645 (2) (a) 1. and amended to read:

SB40,530,17 48.645 (2) (a) 1. A nonrelative who cares for the dependent child in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625, a subsidized guardian or interim caretaker under s. 48.62 (5) who cares for the dependent child, or a minor custodial parent who cares for the dependent child, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 48.569 (2) and the percentage rate of participation set forth in s. 46.495 48.569 (1) (d) for aid granted under this section except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or , 46.22, or 46.23 or the department under s. 48.48 (17) shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

SB40, s. 899 Section 899. 46.261 (2) (a) 2. of the statutes is renumbered 48.645 (2) (a) 2. and amended to read:

SB40,531,3 48.645 (2) (a) 2. A county or, in a county having a population of 500,000 or more, the department, on behalf of a child in the legal custody of a county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or on behalf of a child who was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason when such the child is placed in a licensed child caring institution residential care center for children and youth by the county department or the department. Reimbursement shall be made by the state pursuant to as provided in subd. 1.

SB40, s. 900 Section 900. 46.261 (2) (a) 3. of the statutes is renumbered 48.645 (2) (a) 3. and amended to read:

SB40,531,16 48.645 (2) (a) 3. A county or, in a county having a population of 500,000 or more, the department, when the child is placed in a licensed foster home, treatment foster home, group home, or residential care center for children and youth or in a subsidized guardianship home by a licensed child welfare agency or by a federally recognized American Indian tribal governing body in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or if the child was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made pursuant to under an agreement with the county department or the department.

SB40, s. 901 Section 901. 46.261 (2) (a) 4. of the statutes is renumbered 48.645 (2) (a) 4. and amended to read:

SB40,532,2 48.645 (2) (a) 4. A licensed foster home, treatment foster home, group home, or residential care center for children and youth or a subsidized guardianship home when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body, or when the child was part of the state's direct service case load and was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department.

SB40, s. 902 Section 902. 46.261 (2) (b) of the statutes is renumbered 48.645 (2) (b).

SB40, s. 903 Section 903. 46.261 (3) of the statutes is renumbered 48.645 (3).

SB40, s. 904 Section 904. 46.27 (4) (am) of the statutes is amended to read:

SB40,532,9 46.27 (4) (am) If a local long-term care council in a county the governing board of a resource center assumes under s. 46.282 (3) (b) 46.283 (6) (b) 10. the duties of the county long-term support planning committee under this subsection, the county long-term support planning committee for the county is dissolved.

SB40, s. 905 Section 905. 46.27 (4) (c) (intro.) of the statutes is amended to read:

SB40,532,15 46.27 (4) (c) (intro.) The planning committee shall develop, or, if a local long-term care council the governing board of a resource center has under s. 46.282 (3) (b) 46.283 (6) (b) 10. assumed the duties of the planning committee, the local long-term care council governing board of the resource center shall recommend a community options plan for participation in the program. The plan shall include:

SB40, s. 906 Section 906. 46.27 (4) (c) 5. of the statutes is amended to read:

SB40,532,21 46.27 (4) (c) 5. A description of the method to be used by the committee or, if a local long-term care council the governing board of a resource center has under s. 46.282 (3) (b) 46.283 (6) (b) 10. assumed the duties of the planning committee, the local long-term care council governing board of the resource center to monitor the implementation of the program.

SB40, s. 907 Section 907. 46.27 (4) (c) 8. of the statutes is amended to read:

SB40,532,25 46.27 (4) (c) 8. If a contract with an entity under s. 46.281 (1) (e) 1. 46.284 (2) is established in the county, a description of how the activities of the entity relate to and are coordinated with the county's proposed program.

SB40, s. 908 Section 908. 46.27 (5) (am) of the statutes is amended to read:

SB40,533,14 46.27 (5) (am) Organize assessment activities specified in sub. (6). The county department or aging unit shall utilize persons for each assessment who can determine the needs of the person being assessed and who know the availability within the county of services alternative to placement in a nursing home. If any hospital patient is referred to a nursing home for admission, these persons shall work with the hospital discharge planner in performing the activities specified in sub. (6). The county department or aging unit shall coordinate the involvement of representatives from the county departments under ss. 46.215, 46.22, 51.42 and 51.437, health service providers and the county commission on aging in the assessment activities specified in sub. (6), as well as the person being assessed and members of the person's family or the person's guardian. This paragraph does not apply to a county department or aging unit in a county in which the department has contracted with an entity under s. 46.281 (1) (e) 1 46.284 (2).

SB40, s. 909 Section 909. 46.27 (5) (j) of the statutes is created to read: