AB296: Bill Text

Note: Creates a separate provision relating to consent for participation in a CST initiative. This language is deleted from s. 46.56 (8) (c), stats., in the bill.

AB296, s. 54 Section 54. 46.56 (8) (h) 7. and 8. of the statutes are created to read:

AB296,29,8 46.56 (8) (h) 7. Clear statements articulating the specific needs of the child and family that are to be addressed. Needs may not be stated solely in terms of the need for services but may be described in a strength-based manner with a response that is readily achievable.

AB296,29,10 8. Plans for responding to possible crisis situations that may occur with the child and his or her family.

Note: Creates additional information that must be included in the coordinated services plan of care.

AB296, s. 55 Section 55. 46.56 (8) (i) to (k) of the statutes are amended to read:

AB296,29,14 46.56 (8) (i) If additional evaluations are needed, the service coordination agency coordinated services team shall arrange for them or assist the child's family in obtaining them.

AB296,29,19 (j) The proposed integrated service plan coordinated services plan of care shall be submitted to any service providers who would be are included in the integrated service plan and the court assigned to exercise jurisdiction under chs. 48 and 938 if participation in the program has been court ordered under s. 48.345 (6m) or 938.34 (6m) proposed plan of care.

AB296,30,5 (k) Upon written approval of the integrated service plan coordinated services plan of care by the proposed service providers and , the child's family, unless the child's involvement in the program is through court order under s. 48.355 or 938.355, in which case approval of the court may be substituted for that of the family, and the coordinated services team, the integrated service plan plan of care shall be implemented by the service coordination agency and the service providers individuals and organizations designated to provide services and other resources under the integrated service plan plan of care.

Note: Modifies provisions relating to arranging for additional evaluations of the child, submitting the coordinated services plan of care to any service provider included in the plan of care, and implementing the plan of care.

AB296, s. 56 Section 56. 46.56 (8) (L) of the statutes is repealed.

Note: Repeals a provision under which the service coordination agency and the designated service providers must include in the integrated service plan all individuals who are active in the care of the child with severe disabilities, including members of the child's family, foster parents, and other individuals who by close and continued association with the child have come to occupy significant roles in the care and treatment of the child.

AB296, s. 57 Section 57. 46.56 (8) (m) to (o) of the statutes are amended to read:

AB296,30,14 46.56 (8) (m) Each organization or service provider designated to provide services and other resources under the integrated service coordinated services plan of care shall identify a specific staff person individual who shall serve as the ongoing member of a treatment team contact person to ensure continuity and communication while services are being provided to the child with severe disabilities and his or her family under the integrated service plan. The service coordinator shall coordinate the operations of the treatment team of care.

AB296,30,18 (n) The service coordinator shall advocate for the child with severe disabilities and the child's his or her family and ensure that they are provided the opportunity to participate in assessment, planning, and ongoing review of services to the fullest extent possible.

AB296,31,2 (o) Services and other resources under this section shall be provided in the community, preferably in the child's home or home community, in the least restrictive and least intrusive setting and manner which that meets the best interests of the child with severe disabilities.

Note: Modifies provisions relating to identifying an ongoing contact person from each organization or service provider designated to provide services under the plan of care, requiring that the service provider advocate for the child and his or her family and ensure they are participating in planning and other activities to the fullest extent possible, and requiring that services and other resources be provided in the least restrictive and least intrusive setting and manner.

AB296, s. 58 Section 58. 46.56 (8) (p) and (q) of the statutes are repealed.

Note: Repeals provisions under which an integrated service plan may not be used to place or accomplish the placement of a child outside of his or her home and that an integrated service plan may not modify a individualized education program.

AB296, s. 59 Section 59. 46.56 (8) (r) and (s) of the statutes are amended to read:

AB296,31,18 46.56 (8) (r) The On a regular basis, and at least every 3 months, the service coordinator shall, when necessary and at least every 6 months, assemble the treatment coordinated services team, the family of the child with severe disabilities, the child with severe disabilities, where if appropriate, and any counsel, guardian ad litem, or other person advocating for the interests of the child with severe disabilities or the child's his or her family to review the integrated service, plan of care and progress toward the goals of the integrated service plan of care, establish new goals, request the inclusion of new participating organizations or individuals, or otherwise modify the integrated service coordinated services plan of care to better meet the needs of the child with severe disabilities and the child's his or her family. Decisions to amend the integrated service coordinated services plan of care must be approved by the service coordinator, the treatment coordinated services team, the family and, where if the integrated service plan of care is being provided under a court order, by the court.

AB296,32,10 (s) Services under the integrated service plan may be terminated Coordination of services by a coordinated services team may be ended by the agreement of all participants on the coordinated services team that the goals of treatment and support have been met and that an integrated service plan is no longer needed, by order of the court if services are being provided under court order, or are being met; by withdrawal of the family of the child with severe disabilities unless participation is court ordered, or; by the service coordination agency upon a recommendation from the service coordinator and the treatment, that further services are not in the child's best interests, or that coordinated services team; by the family's refusal to participate in the process; if the child with severe disabilities and child's his or her family no longer meet the eligibility criteria for the program coordinated services team; or by court order, if services are being provided under court order.

Note: Modifies provisions relating to review of and amendments to plans of care and termination of the coordinated services team process.

AB296, s. 60 Section 60. 46.56 (9) of the statutes is amended to read:

AB296,32,17 46.56 (9) Immediate care. Individual county departments, tribal agencies, other agencies, and other service providers may shall provide immediate services and other resources as necessary and appropriate to children with severe disabilities who are involved in 2 or more systems of care and their families who have been referred for participation an evaluation of eligibility for and appropriateness of enrollment in the program initiative while assessment and planning take place.

Note: Modifies the provision relating to providing immediate services and other resources as necessary.

AB296, s. 61 Section 61. 46.56 (10) to (13) of the statutes are amended to read:

AB296,33,5 46.56 (10) Relation to family other support program programs. In any county or for a tribe that has a family support program under s. 46.985, or other support programs, including comprehensive community services or office of justice assistance programs, the integrated service program initiative shall coordinate its activities with the family support program. The administering agency for the family support program may act as a service coordination agency for the integrated service program and the family support program advisory committee may act as the coordinating committee if the requirements of this section are met and the department gives its approval programs.

AB296,33,11 (11) Informal conflict Conflict management. The department, administering agency, service coordination agencies, and service coordinators shall establish and use informal means for conflict management, including consultation, mediation, and independent assessment, whenever possible. A formal conflict management policy shall be established in writing by the coordinating committee for use by families, providers, and other individuals involved in the initiative.

AB296,33,19 (12) Administrative appeals. Decisions by the service coordination agency regarding eligibility, enrollment, denial, termination, reduction, or appropriateness of services and decisions by the individuals designated by the coordinating committee regarding eligibility, enrollment, or denial may be appealed to the coordinating committee by a child with severe disabilities who is a service applicant or recipient or by the parent or guardian or guardian ad litem of the applicant or recipient. Decisions of the coordinating committee may be appealed to the department under ch. 227.

AB296,33,24 (13) Review of actions by individual agencies. Nothing in this section shall limit, modify, or expand the rights, remedies, or procedures established in federal statutes or regulations or state law statutes or rules for individuals or families receiving services provided by individual organizations that are participating in the integrated service coordinated services plan of care.

Note: Modifies the provision requiring the coordinated services initiative to coordinate its activities with other support programs, conflict management, administrative appeals, and review of actions by individual organizations participating in the plan of care.

AB296, s. 62 Section 62. 46.56 (14) (a) of the statutes is amended to read:

AB296,34,21 46.56 (14) (a) In order to support the development of a comprehensive service system of coordinated care for children with severe disabilities who are involved in 2 or more systems of care and their families, the department shall establish a statewide state advisory committee with representatives of county departments and tribal governing bodies, the department of public instruction, educational agencies, the department of children and families, the department of corrections, the juvenile correctional system, professionals experienced in the provision of services to children with severe disabilities, who are involved in 2 or more systems of care and their families with children with severe disabilities, advocates for such families and their children, the subunit of the department of workforce development that administers vocational rehabilitation, a representative of the local workforce development board established under 29 USC 2832, a representative of the philanthropy community, the technical college system, health care providers, courts assigned to exercise jurisdiction under chs. 48 and 938, child welfare officials, and other appropriate persons as selected by the department. The department may use an existing committee for this purpose if it has representatives from the listed groups and is willing to perform the required functions. This committee shall establish principles and core values for administering initiatives, monitor the development of programs initiatives throughout the state, and support communication and mutual assistance among operating programs initiatives as well as those that are being developed.

Note: Modifies the provision requiring the department of health services to establish a state advisory committee. The bill adds to membership of the advisory committee representatives of tribal governing bodies, the department of corrections, the juvenile correctional system, the subunit of the department of workforce development that administers economic support programs, the local workforce development board, the philanthropic community, and the department of children and families.

AB296, s. 63 Section 63 . 46.56 (14) (b) (intro.) of the statutes is amended to read:

AB296,35,4 46.56 (14) (b) (intro.) The department shall provide, either directly or through purchase of services, the following support services to the counties and tribes that elect to participate in the program initiative:

AB296, s. 64 Section 64 . 46.56 (14) (b) 1. and 3. of the statutes are amended to read:

AB296,35,8 46.56 (14) (b) 1. Consultation in the areas of developing and maintaining individual integrated service plans, initiatives and finding appropriate resources, and establishing and maintaining local programs.

AB296,35,12 3. Assessment resources for cases where no local evaluation resource is available or sufficient to enable development of an effective integrated service plan coordinated services plan of care. These resources may be provided directly through state-operated programs or by referral to private service providers.

Note: Sections 63 and 64 modify current requirements for the department of health services to provide support services to counties and tribes that elect to participate in the coordinated services team initiative.

AB296, s. 65 Section 65 . 46.56 (14) (c) (intro.) and 1. of the statutes are amended to read:

AB296,35,17 46.56 (14) (c) (intro.) The department shall evaluate the programs initiatives funded under this section. All organizations participating in the program initiatives shall cooperate with the evaluation. The evaluation shall include information about all of the following:

AB296,36,2 1. The number of days that children with severe disabilities served in the programs enrolled in the initiative spent in out-of-home placement compared to other children with severe disabilities in the target group who are involved in 2 or more systems of care and are not enrolled in the initiative and the costs associated with these placements.

AB296, s. 66 Section 66 . 46.56 (14) (c) 2. of the statutes is repealed.

AB296, s. 67 Section 67 . 46.56 (14) (c) 3. to 5. of the statutes are amended to read:

AB296,36,7 46.56 (14) (c) 3. A comparison between any changes in problem behaviors of participants enrollees before and after participation enrollment in the program initiative.

AB296,36,9 4. A comparison between school attendance and performance of participants enrollees before and after participation enrollment in the program initiative.

AB296,36,11 5. A comparison between recidivism rates of participants enrollees who have a history of delinquency.

AB296, s. 68 Section 68 . 46.56 (14) (c) 6. and 7. of the statutes are amended to read:

AB296,36,13 46.56 (14) (c) 6. Parent and child satisfaction with the program initiative.

AB296,36,16 7. Types of services provided to children with severe disabilities and their families in the program through the integrated service plan initiative and the cost of these services.

Note: Sections 65 , 66, 67 , and 68 modify provisions requiring the department of health services to evaluate initiatives receiving state funding.

AB296, s. 69 Section 69. 46.56 (14) (c) 8. of the statutes is repealed.

Note: Repeals the provision requiring the department of health services to evaluate the fulfillment of the terms of the interagency agreements developed by the coordinating committee.

AB296, s. 70 Section 70. 46.56 (14) (c) 9. of the statutes is created to read:

AB296,36,19 46.56 (14) (c) 9. A systems change and sustainability plan under sub. (3) (d) 13.

AB296, s. 71 Section 71. 46.56 (14) (d) of the statutes is amended to read:

AB296,37,6 46.56 (14) (d) Notwithstanding sub. (1) (c) (intro.) eligibility requirements for enrollment in the initiative, if the state is funding the program initiative in a particular county or for a tribe under sub. (15), the department may permit the county or tribe to serve under this section any individual who has a severe disabilities disability and who has not attained 22 years of age, and his or her family, if the individual's mental, physical, sensory, behavioral, emotional , or developmental disabilities disability or whose combination of multiple disabilities meets the requirements specified in sub. (1) (c) (om) 1. to 4.

Note: Modifies the provision under which the state may permit a county or tribe receiving state funding to serve an individual who has a severe disability and who has not attained 22 years of age.

AB296, s. 72 Section 72. 46.56 (15) (a) and (b) (intro.) of the statutes are amended to read:

AB296,37,13 46.56 (15) (a) From the appropriation account under s. 20.435 (7) (co), the department shall make available funds to implement programs. The funds may be used to pay for the intake, assessment, case planning and service coordination provided under sub. (8) and for expanding the capacity of the county to provide community-based care and treatment for children with severe disabilities initiatives under this section.

AB296,37,15 (b) (intro.) In order to apply for funds under this section subsection the county board of supervisors or tribe shall do all of the following:

Note: Modifies the provision permitting the department of health services to provide funds to implement coordinated services initiatives.

AB296, s. 73 Section 73. 46.56 (15) (b) 1r. of the statutes is created to read:

AB296,37,20 46.56 (15) (b) 1r. Demonstrate that the coordinating services team approach to providing services to children who are involved in 2 or more systems of care and families will be followed, and principles and core values, as outlined by the advisory committee established by the department, will be adhered to.

Note: Creates an additional requirement for county boards of supervisors or tribes who apply for funds to implement a coordinated services initiative.

AB296, s. 74 Section 74. 46.56 (15) (b) 2. to 4. of the statutes are amended to read:

AB296,38,3 46.56 (15) (b) 2. Establish children with severe emotional disturbances to be the priority target group to be served by the program initiative as severely emotionally disturbed children.

AB296,38,5 3. Submit a plan to the department for implementation of the integrated service program initiative in accordance with the requirements of this section.

AB296,38,12 4. Submit a description of the existing services and other resources in the county or tribe for children with severe disabilities who are involved in 2 or more systems of care, an assessment of any gaps in services, and a plan for using the funds received under this program subsection or funds from other funding sources to develop or expand any needed community-based services such as in-home treatment, treatment foster care, day treatment, respite care or crisis services the initiative.

Note: Modifies the current requirements for county boards of supervisors or tribes that apply for funds to implement a coordinated services initiative.

AB296, s. 75 Section 75. 46.56 (15) (b) 5. of the statutes is created to read:

AB296,38,14 46.56 (15) (b) 5. Agree to comply with this section.

Note: Creates an additional requirement for county boards of supervisors or tribes that apply for funds to implement a coordinated services initiative.

AB296, s. 76 Section 76. 46.56 (15) (c) and (d) of the statutes are amended to read:

AB296,38,22 46.56 (15) (c) In order for a county or tribe to obtain funds under this section, subsection, all of the participating agencies and organizations shall provide matching funds that, in total, equal to 20% of the requested funding shall be provided by the participating county departments and school districts. All of the participating county departments and school districts shall participate in providing the. The match, which may be cash or in-kind. The department shall determine what may be used as in-kind match.

AB296,39,6 (d) In order to apply for funding, at least one school district, cooperative educational service agency or county children with disabilities education board serving children with severe disabilities in the county must participate in the program a county or tribe shall have a coordinating committee that meets the requirements under sub. (3) (a) and (b), that will carry out the responsibilities under sub. (3) (d).

Note: Modifies provisions relating to required matching funds and the requirement that a county or tribe must have a coordinating committee in order to apply for funding to implement a coordinated services initiative.

AB296, s. 77 Section 77. 46.56 (15) (e) of the statutes is repealed.

Note: Repeals the provision under which the coordinating committee and the administering agency must develop and submit to the department of health services, during the first year of funding, a set of goals for diverting children with severe disabilities from placements outside the home and a plan for allocating funding from institutional services to community-based services for children with severe disabilities. Further, this provision provides that the coordinating committee and the administering agency must ensure that any funds saved, during the course of the program, as a result of the reduced use of institutional care by the target population will be allocated to community-based services for the target population.

AB296, s. 78 Section 78. 46.56 (15) (f) of the statutes is amended to read:

AB296,39,12 46.56 (15) (f) Funds allocated under this subsection may not be used to replace any other state and federal funds or any county funds that are being used to fund services for children with severe disabilities who are involved in 2 or more systems of care.

Note: Modifies the provision relating to replacing other funds with coordinated services initiative funds.

AB296, s. 79 Section 79 . 48.02 (9s) of the statutes is renumbered 48.02 (2f) and amended to read:

AB296,39,16 48.02 (2f) "Integrated service Coordinated services plan of care" has the meaning given in s. 46.56 (1) (g) (cm).

AB296, s. 80 Section 80 . 48.33 (1) (c) of the statutes is amended to read:

AB296,40,7 48.33 (1) (c) A description of the specific services or continuum of services which the agency is recommending that the court order for the child or family or for the expectant mother of the unborn child, the persons or agencies that would be primarily responsible for providing those services, the identity of the person or agency that would provide case management or coordination of services, if any, and, in the case of a child adjudged to be in need of protection or services, whether or not the child should receive an integrated service a coordinated services plan of care.

AB296, s. 81 Section 81 . 48.345 (6m) of the statutes is amended to read: