SB40: Bill Text

SB40,647,5 48.981 (8) (d) 1. Each agency staff member and supervisor whose responsibilities include investigation or treatment of child abuse and neglect or of unborn child abuse shall successfully complete training in child abuse and neglect protective services and in unborn child abuse protective services approved by the department. The training shall include information on means of recognizing and appropriately responding to domestic abuse, as defined in s. 46.95 49.165 (1) (a). The department shall monitor compliance with this subdivision according to rules promulgated by the department.

SB40, s. 1374 Section 1374. 48.982 (2) (g) (intro.) of the statutes is amended to read:

SB40,647,8 48.982 (2) (g) (intro.) In coordination with the departments of health and family services and department and the department of public instruction:

SB40, s. 1375 Section 1375. 48.982 (2e) (c) of the statutes is repealed.

SB40, s. 1376 Section 1376. 48.983 (1) (i) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.

SB40, s. 1377 Section 1377. 48.983 (1) (j) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.

SB40, s. 1378 Section 1378 . 48.983 (2) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,648,7 48.983 (2) Funds provided. If a county or Indian tribe applies and is selected by the department under sub. (5) to participate in the program under this section, the department shall award, from the appropriation under s. 20.437 (2) (ab), a grant annually to be used only for the purposes specified in sub. (4) (a) and (am). The minimum amount of a grant is $10,000. The department shall determine the amount of a grant awarded to a county, other than a county with a population of 500,000 or more, or Indian tribe in excess of the minimum amount based on the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county or the reservation of that Indian tribe in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section. The department shall determine the amount of a grant awarded to a county with a population of 500,000 or more in excess of the minimum amount based on 60% of the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section.

SB40, s. 1379 Section 1379. 48.983 (3) (title) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.

SB40, s. 1380 Section 1380. 48.983 (3) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.

SB40, s. 1381 Section 1381. 48.983 (3) (b) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is renumbered 48.983 (3) and amended to read:

SB40,648,18 48.983 (3) Joint application permitted. Two or more counties and Indian tribes may submit a joint application to the department. Each county or Indian tribe in a joint application shall be counted as a separate county or Indian tribe for the purpose of limiting the number of counties and Indian tribes selected in each state fiscal biennium.

SB40, s. 1382 Section 1382. 48.984 of the statutes is created to read:

SB40,648,21 48.984 Universal home visitation services. (1) Definitions. In this section:

SB40,648,23 (a) "County department" means a county department of human services or social services under s. 46.215, 46.22, or 46.23.

SB40,648,25 (b) "Indian tribe" means a federally recognized American Indian tribe or band in this state.

SB40,649,1 (c) "Local health department" has the meaning given in s. 250.01 (4).

SB40,649,5 (d) "Local partnership" means any combination of 2 or more county departments, local health departments, Indian tribes, and private nonprofit agencies that have agreed to implement jointly a program of universal home visitation services under this section.

SB40,649,7 (e) "Organization" means a county department, local health department, Indian tribe, private nonprofit agency, or local partnership.

SB40,649,9 (f) "Private nonprofit agency" means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).

SB40,649,21 (2) Awarding of grants. From the appropriation account under s. 20.437 (2) (ab), the department shall award grants to applying organizations for the provision of the home visitation services specified in sub. (3) (a). The department shall determine the amount of a grant awarded to an organization based on the number of first-time births in the community served by the organization. The department shall provide competitive application procedures for selecting organizations to receive grants under this subsection and shall establish a method for ranking applicants based on the quality of their applications. The department shall require a grant recipient to provide matching funds or in-kind contributions as determined by the department and shall ensure that a grant recipient does not use any grant moneys awarded to supplant any other moneys used by the grant recipient at the time of the awarding of the grant to provide home visitation services.

SB40,650,10 (3) Purposes of grants. (a) Universal home visitation services. An organization that receives a grant under sub. (2) shall use the grant moneys awarded to provide a one-time visit to all first-time parents in the community served by the organization for the purposes of providing those parents with basic information regarding infant health and nutrition, the care, safety, and development of infants, and emergency services for infants and with the information relating to shaken baby syndrome and impacted babies required under s. 253.15 (6); identifying the needs of those parents; and providing those parents with referrals to programs, services, and other resources that may meet those needs. An organization may visit a first-time parent only if the parent or, if the parent is a child, his or her parent, guardian, or legal custodian consents to the visit. No person who is required or permitted to report suspected or threatened abuse or neglect under s. 48.981 (2) may make or threaten to make such a report based on a refusal of a person to receive a home visit under this paragraph.

SB40,650,16 (b) Start-up costs and capacity building. In the first year in which a grant under sub. (2) is awarded to an organization, the organization may use a portion of the grant to pay for start-up costs and capacity building related to the provision of home visitation services by the organization. The department shall determine the maximum amount of a grant that an organization may use to pay for those start-up costs and that capacity building.

SB40,650,25 (4) Confidentiality. (a) Nondisclosure of information; exceptions. No person may use or disclose any information concerning an individual who is offered home visitation services under sub. (3) (a), including an individual who declines to receive those services, or concerning an individual who is provided with a referral under sub. (3) (a), including an individual who declines the referral, unless disclosure of the information is required or permitted under s. 48.981 (2), the use or disclosure of the information is connected to the administration of the program under this section, or the individual has given his or her written informed consent to the use or disclosure of the information.

SB40,651,4 (b) Explanation of confidentiality requirements. An organization that receives a grant under sub. (2) shall provide or designate an individual or entity to provide an explanation of the confidentiality requirements under par. (a) to each individual who is offered home visitation services under sub. (3) (a) by the organization.

SB40,651,14 (5) Notification of parent prior to making abuse or neglect report. If a person who is providing home visitation services under sub. (3) (a) determines that he or she is required or permitted to make a report under s. 48.981 (2) about a child in a family to which the person is providing those services, the person shall, prior to making the report under s. 48.981 (2), make a reasonable effort to notify the child's parent that a report under s. 48.981 (2) will be made and to encourage the parent to contact a county department under s. 46.22 or 46.23 or, in a county having a population of 500,000 or more, the department to request assistance. The notification requirements under this subsection do not affect the reporting requirements under s. 48.981 (2).

SB40,651,18 (6) Informational materials. Any informational materials about the home visitation services provided under sub. (3) (a) that are distributed to a person who is offered or who is receiving those services shall state the sources of funding for the services.

SB40, s. 1383 Section 1383. 48.985 (1) of the statutes is amended to read:

SB40,651,25 48.985 (1) Federal program operations. From the appropriation under s. 20.435 (3) 20.437 (1) (n), the department shall expend not more than $273,700 in each fiscal year of the moneys received under 42 USC 620 to 626 for the department's expenses in connection with administering the expenditure of funds received under 42 USC 620 to 626 and for child abuse and neglect and unborn child abuse independent investigations.

SB40, s. 1384 Section 1384. 48.985 (2) of the statutes is amended to read:

SB40,652,8 48.985 (2) Community social and mental hygiene services. From the appropriation under s. 20.435 (7) 20.437 (1) (o), the department shall distribute not more than $3,809,600 $3,554,300 in each fiscal year of the moneys received under 42 USC 620 to 626 to county departments under ss. 46.215, 46.22, and 46.23 for the provision or purchase of child welfare projects and services, for services to children and families, for services to the expectant mothers of unborn children, and for family-based child welfare services.

SB40, s. 1385 Section 1385. 48.985 (4) of the statutes is amended to read:

SB40,652,11 48.985 (4) Runaway services. From the appropriation under s. 20.435 (3) 20.437 (1) (na) for runaway services, not more than $458,600 in each fiscal year.

SB40, s. 1386 Section 1386. 48.985 (5) of the statutes is repealed.

SB40, s. 1387 Section 1387. 48.989 (1) (a) of the statutes is amended to read:

SB40,652,15 48.989 (1) (a) "Appropriate authority in the receiving state" means the department of health and family services.

SB40, s. 1388 Section 1388. 48.989 (1) (b) of the statutes is amended to read:

SB40,652,19 48.989 (1) (b) "Appropriate public authorities" means the department of health and family services, which shall receive and act with reference to notices required by s. 48.988 (3).

SB40, s. 1389 Section 1389. Chapter 49 (title) of the statutes is amended to read:

SB40,652,21 chapter 49

SB40,652,23 public assistance and children and family services

SB40, s. 1390 Section 1390. 49.001 (9) of the statutes is amended to read:

SB40,653,4 49.001 (9) "Wisconsin works Works agency" means a person under contract under s. 49.143 to administer Wisconsin works Works under ss. 49.141 to 49.161. If no contract is awarded under s. 49.143, "Wisconsin works Works agency" means the department of workforce development children and families.

SB40, s. 1391 Section 1391. 49.02 (2) (c) of the statutes is repealed.

SB40, s. 1392 Section 1392. 49.025 (2) (a) 2. of the statutes is amended to read:

SB40,653,11 49.025 (2) (a) 2. The department shall subtract from the amount determined under subd. 1. amounts paid to hospitals in that county under s. 49.45 (6y) and (6z) in that year and amounts paid on behalf of individuals in that county under the demonstration project under s. 49.45 (23) in that year. If the amount determined under this subdivision is less than zero, the amount of the relief block grant is $0.

SB40, s. 1393 Section 1393. 49.029 (3) of the statutes is amended to read:

SB40,653,17 49.029 (3) Use of relief block grant funds. A tribal governing body may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons. Notwithstanding s. 49.01 (2g), health care services may include treatment services for alcohol and other drug abuse and mental health services.

SB40, s. 1394 Section 1394. Subchapter III (title) of chapter 49 [precedes 49.11] of the statutes is amended to read:

SB40,653,20 chapter 49

SB40,653,21 subchapter III

SB40,653,23 economic children and family support and work programs services

SB40, s. 1395 Section 1395. 49.11 (1) of the statutes is amended to read:

SB40,654,2 49.11 (1) "Department" means the department of workforce development children and families.

SB40, s. 1396 Section 1396. 49.11 (2) of the statutes is amended to read:

SB40,654,5 49.11 (2) "Secretary" means the secretary of workforce development children and families.

SB40, s. 1397 Section 1397. 49.13 (title) of the statutes is renumbered 49.79 (9) (title).

SB40, s. 1398 Section 1398. 49.13 (1) of the statutes is repealed.

SB40, s. 1399 Section 1399. 49.13 (2) (a) of the statutes is renumbered 49.79 (9) (a) 1. and amended to read:

SB40,654,20 49.79 (9) (a) 1. The department shall contract with the department of health and family services as provided under s. 49.79 (10) to administer an employment and training program for recipients under the food stamp program and may contract under s. 49.78 with county departments under ss. 46.215, 46.22, and 46.23, and with tribal governing bodies to carry out the administrative functions. The department may contract, or a county department or tribal governing body may subcontract, with a Wisconsin works Works agency or another provider to administer the employment and training program under this subsection. Except as provided in pars. (b) and (bm) subds. 2. and 3., the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin works Works employment position to participate in the employment and training program under this subsection.

SB40, s. 1400 Section 1400. 49.13 (2) (b) of the statutes is renumbered 49.79 (9) (a) 2. and amended to read:

SB40,655,2 49.79 (9) (a) 2. The department may not require an individual who is a recipient under the food stamp program and who is the caretaker of a child who is under the age of 12 weeks to participate in any employment and training program under par. (a) this subsection.

SB40, s. 1401 Section 1401. 49.13 (2) (bm) of the statutes is renumbered 49.79 (9) (a) 3. and amended to read:

SB40,655,9 49.79 (9) (a) 3. The department may not require an individual who is a recipient under the food stamp program to participate in any employment and training program under par. (a) this subsection if that individual is enrolled at least half time in a school, as defined in s. 49.26 (1) (a) 2., a training program , or an institution of higher education.

SB40, s. 1402 Section 1402. 49.13 (2) (cm) of the statutes is renumbered 49.79 (9) (a) 4.

SB40, s. 1403 Section 1403. 49.13 (2) (d) of the statutes is renumbered 49.79 (9) (a) 5. and amended to read:

SB40,655,22 49.79 (9) (a) 5. A participant in an employment and training program under this section subsection administered by the department is an employee of the department for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage. A participant in an employment and training program under this section subsection administered by a Wisconsin works Works agency or another provider is an employee of the Wisconsin works Works agency or other provider for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage.

SB40, s. 1404 Section 1404. 49.13 (3) (intro.) of the statutes is renumbered 49.79 (9) (b) (intro.) and amended to read:

SB40,656,3 49.79 (9) (b) (intro.) An individual who fails to comply with the work requirements under sub. (2) par. (a) without good cause is ineligible to participate in the food stamp program under s. 49.79 as follows:

SB40, s. 1405 Section 1405. 49.13 (3) (a) of the statutes is renumbered 49.79 (9) (b) 1. and amended to read:

SB40,656,8 49.79 (9) (b) 1. For the first occurrence of noncompliance, one month, or until the person complies with the work requirements under sub. (2) par. (a), whichever is later.

SB40, s. 1406 Section 1406. 49.13 (3) (b) of the statutes is renumbered 49.79 (9) (b) 2. and amended to read:

SB40,656,13 49.79 (9) (b) 2. For the 2nd occurrence of noncompliance, 3 months, or until the person complies with the work requirements under sub. (2) par. (a), whichever is later.

SB40, s. 1407 Section 1407. 49.13 (3) (c) of the statutes is renumbered 49.79 (9) (b) 3. and amended to read:

SB40,656,18 49.79 (9) (b) 3. For the 3rd and subsequent occurrences of noncompliance, 6 months, or until the person complies with the work requirements under sub. (2) par. (a), whichever is later.

SB40, s. 1408 Section 1408. 49.138 (1m) (intro.) of the statutes is amended to read:

SB40,657,8 49.138 (1m) (intro.) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or impending homelessness, or energy crisis. The department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member based on the funding available under s. 20.445 (3) 20.437 (2) (dz) and (md). The department need not establish the maximum amount by rule under ch. 227. The department shall publish the maximum amount and annual changes to it in the Wisconsin administrative register. Emergency assistance provided to needy persons under this section may only be provided to a needy person once in a 12-month period. Emergency assistance provided to needy persons under this section in cases of homelessness or impending homelessness may be used only to obtain or retain a permanent living accommodation. For the purposes of this section, a family is considered to be homeless, or to be facing impending homelessness, if any of the following applies:

SB40, s. 1409 Section 1409. 49.143 (2) (b) of the statutes is amended to read:

SB40,657,21 49.143 (2) (b) Establish a children's services network. The children's services network shall provide information about community resources available to the dependent children in a Wisconsin works group, including charitable food and clothing centers; subsidized and low-income housing; transportation subsidies; the state supplemental food program for women, infants and children under s. 253.06 49.17; and child care programs. In a county having a population of 500,000 or more, a children's services network shall, in addition, provide a forum for those persons who are interested in the delivery of child welfare services and other services to children and families in the geographical area under sub. (6) served by that children's services network to communicate with and make recommendations to the providers of those services in that geographical area with respect to the delivery of those services in that area.

SB40, s. 1410 Section 1410. 49.147 (3m) of the statutes is created to read:

SB40,658,2 49.147 (3m) Real work, real pay pilot project. (a) Administration and evaluation. Except as provided in par. (d), the department shall conduct and evaluate a real work, real pay pilot project from January 1, 2008, to December 31, 2009.

SB40,658,7 (b) Eligibility and project limits. 1. Except as specifically provided in this subsection, all general and nonfinancial eligibility requirements under s. 49.145 apply to participants under this subsection, and all requirements under sub. (3), as they apply to Wisconsin Works agencies, employers, and participants, apply to Wisconsin Works agencies, employers, and participants under this subsection.

SB40,658,11 2. The project shall be limited to 500 individuals and shall be conducted in at least one of the geographical areas established by the department under s. 49.143 (6) that is in Milwaukee County and in at least 2 of those geographical areas that are not in Milwaukee County.

SB40,658,20 (c) Employer subsidies and reimbursements. The Wisconsin Works agency shall pay an employer that employs a participant under this subsection a monthly wage subsidy that does not exceed the federal minimum wage for no more than 30 hours of work per week. Worksite training activities prescribed by the employer that are consistent with training provided to other employees at the worksite are considered work for purposes of calculating the wage subsidy under this paragraph. In addition to the wage subsidy, the Wisconsin Works agency shall reimburse the employer for up to 100 percent of all of the following costs that are attributable to employment of the participant: