SB378: Bill Text

SB378,37 Section 37. 46.011 (1p) of the statutes, as created by 2015 Wisconsin Act 55, is repealed.

SB378,38 Section 38. 46.03 (18) (a) of the statutes is amended to read:

SB378,13,6 46.03 (18) (a) Except as provided in s. 46.10 (14) (b) and (c), the department shall establish a uniform system of fees for services provided or purchased by the department, or a county department under s. 46.215, 46.22, 51.42, or 51.437, except for services provided under ch. chs. 48 and 938 and subch. III of ch. 49; community-based juvenile delinquency-related services; juvenile correctional services; services provided to courts; and outreach, information, and referral services; or when, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, 51.42, or 51.437 shall apply the fees that it collects under this program to cover the cost of those services.

SB378,39 Section 39. 46.057 (1) of the statutes is amended to read:

SB378,14,2 46.057 (1) The department shall establish, maintain, and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. Notwithstanding ss. 301.02, 301.03, and 301.36 (1) 938.226 (1) and 938.485, the department shall operate the Mendota juvenile treatment center as a juvenile correctional facility, as defined in s. 938.02 (10p). The center shall not be considered a hospital, as defined in s. 50.33 (2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center shall provide psychological and psychiatric evaluations and treatment for juveniles whose behavior presents a serious problem to themselves or others in other juvenile correctional facilities and whose mental health needs can be met at the center. With the approval of the department of health services, the department of corrections children and families may transfer to the center any juvenile who has been placed in a juvenile correctional facility under the supervision of the department of corrections children and families under s. 938.183, 938.34 (4h) or (4m), or 938.357 (4) or (5) (e) in the same manner that the department of corrections children and families transfers juveniles between other juvenile correctional facilities.

SB378,40 Section 40. 46.057 (2) of the statutes is amended to read:

SB378,14,12 46.057 (2) From the appropriation account under s. 20.410 (3) 20.437 (4) (ba), the department of corrections children and families shall transfer to the appropriation account under s. 20.435 (2) (kx) $1,365,500 in each fiscal year and, from the appropriation account under s. 20.410 (3) 20.437 (4) (hm), the department of corrections children and families shall transfer to the appropriation account under s. 20.435 (2) (kx) $2,929,200 in fiscal year 2015-16 and $2,997,600 in fiscal year 2016-17, for services for juveniles placed at the Mendota juvenile treatment center. The department of health services may charge the department of corrections children and families not more than the actual cost of providing those services.

SB378,41 Section 41. 46.20 (3) of the statutes is amended to read:

SB378,14,21 46.20 (3) Upon approval of the site, plans and specifications, as provided in ss. 46.17 and, 301.37, and 938.227 as to other institutions, the joint committee shall report to the several county boards the estimated cost of the site and buildings, and the amount thereof chargeable to each county on the basis set forth in sub. (6) (a), appending to each report a copy of the plans and specifications and all matter relating to the site and buildings. If the report is approved by each county board, the joint committee shall purchase the site and cause the buildings to be erected in accordance with the plans and specifications.

SB378,42 Section 42. 46.206 (1) (a) of the statutes is amended to read:

SB378,15,6 46.206 (1) (a) The department shall supervise the administration of social services, except for social services provided under ch. chs. 48 and 938 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile correctional services. The department shall submit to the federal authorities state plans for the administration of social services, except for social services provided under ch. chs. 48 and 938 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile correctional services, in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.

SB378,43 Section 43. 46.21 (2) (j) of the statutes is amended to read:

SB378,15,19 46.21 (2) (j) May exercise approval or disapproval power over contracts and purchases of the director that are for $50,000 or more, except that the county board of supervisors may not exercise approval or disapproval power over any personal service contract or over any contract or purchase of the director that relates to community living arrangements, adult family homes, or foster homes and that was entered into pursuant to a contract under s. 46.031 (2g) or 301.031 49.325 (2g), regardless of whether the contract mentions the provider, except as provided in par. (m). The county board of supervisors may not exercise approval or disapproval power over any contract relating to mental health or mental health institutions, programs, or services. This paragraph does not preclude the county board of supervisors from creating a central purchasing department for all county purchases that are not related to mental health.

SB378,44 Section 44. 46.21 (5) (b) of the statutes is amended to read:

SB378,15,22 46.21 (5) (b) Sections 46.10, 49.08, 49.345, and 49.90, and 301.12 govern the support and maintenance of persons in any of the institutions specified in sub. (2) (a).

SB378,45 Section 45. 46.215 (1) (d) of the statutes is amended to read:

SB378,16,3 46.215 (1) (d) To make investigations that relate to services under subchs. IV and V of ch. 49 upon request by the department of health services and to make investigations that relate to programs under ch. chs. 48 and 938 and subch. III of ch. 49 or to community-based juvenile delinquency-related services upon request by the department of children and families.

SB378,46 Section 46. 46.215 (2) (a) 1. of the statutes is amended to read:

SB378,16,15 46.215 (2) (a) 1. 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 health services, with public or voluntary agencies or others to purchase, in full or in part, care and services, except as provided under subch. III of ch. 49 and s. 301.08 (2) and except for community-based juvenile delinquency-related services, that the county department of social services is authorized by any statute to furnish in any manner. That care and those services may be purchased from the department of health services if the department of health services has staff to furnish that care and those services. If the county department of social services has adequate staff, it may sell that care and those services directly to another county or state agency.

SB378,47 Section 47. 46.215 (2) (a) 2. of the statutes is amended to read:

SB378,17,2 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 children and families, with public or voluntary agencies, or others to purchase, in full or in part, care and services under ch. chs. 48 and 938 and subch. III of ch. 49 and community-based juvenile delinquency-related services that the county department of social services is authorized to furnish. That care and those services may be purchased from the department of children and families if the department of children and families has staff to furnish that care and those services. If the county department of social services has adequate staff, it may sell that care and those services directly to another county or state agency.

SB378,48 Section 48. 46.215 (2) (a) 3. of the statutes is repealed.

SB378,49 Section 49. 46.215 (2) (c) 1. of the statutes is amended to read:

SB378,17,16 46.215 (2) (c) 1. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for the purchase of care and services, except for care and services under subch. III of ch. 49 or s. 301.08 (2) and community-based juvenile delinquency-related services. The department of health services may review the contracts and approve them if they are consistent with s. 46.036 and if state or federal funds are available for those purposes. The joint committee on finance may require the department of health services to submit the contracts to the committee for review and approval. The department of health services may not make any payments to a county for programs included in a contract under review by the committee. The department of health services shall reimburse each county for the contracts from the appropriations under s. 20.435 (7) (b) and (o), as appropriate, under s. 46.495.

SB378,50 Section 50. 46.215 (2) (c) 2. of the statutes is amended to read:

SB378,18,2 46.215 (2) (c) 2. A county department of social services shall develop, under the requirements of s. 49.34, plans and contracts for the purchase of care and services under ch. chs. 48 and 938 and subch. III of ch. 49 and of community-based juvenile delinquency-related services. The department of 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 those purposes. The joint committee on finance may require the department of children and families to submit the contracts to the committee for review and approval. The department of children and families may not make any payments to a county for programs included in a contract under review by the committee.

SB378,51 Section 51. 46.215 (2) (c) 3. of the statutes is repealed.

SB378,52 Section 52. 46.215 (3) of the statutes is amended to read:

SB378,18,8 46.215 (3) Program budgets. The county department of social services shall submit a final budget to the department of health services under s. 46.031 (1), to the department of corrections under s. 301.031 (1), and to the department of children and families under s. 49.325 (1), for authorized services.

SB378,53 Section 53. 46.22 (1) (b) 1. b. of the statutes is amended to read:

SB378,18,13 46.22 (1) (b) 1. b. To make investigations that relate to welfare services, except for welfare services provided under ch. chs. 48 and 938 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile correctional services, upon request by the department of health services.

SB378,54 Section 54. 46.22 (1) (b) 2. a. of the statutes is amended to read:

SB378,18,16 46.22 (1) (b) 2. a. To administer community-based juvenile delinquency-related services under s. 48.526 938.526.

SB378,55 Section 55. 46.22 (1) (b) 2. c. of the statutes is amended to read:

SB378,18,21 46.22 (1) (b) 2. c. To make investigations as provided under ch. chs. 48 and 938 and subch. III of ch. 49 and investigations relating to community-based juvenile delinquency-related services upon request by the department of children and families.

SB378,56 Section 56. 46.22 (1) (b) 5m. a. of the statutes is amended to read:

SB378,18,24 46.22 (1) (b) 5m. a. To purchase juvenile correctional delinquency-related services under s. 301.26 938.526.

SB378,57 Section 57. 46.22 (1) (b) 5m. d. of the statutes is repealed.

SB378,58 Section 58. 46.22 (1) (e) 3. a. of the statutes is amended to read:

SB378,19,13 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 the purchase of care and services, except for care and services provided under ch. chs. 48, and 938 and subch. III of ch. 49, and s. 301.08 (2) and community-based juvenile delinquency-related services. The department of health 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 those purposes. The joint committee on finance may require the department of health services to submit the contracts to the committee for review and approval. The department of health 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 services shall reimburse each county for the contracts from the appropriations under s. 20.435 (7) (b) and (o) according to s. 46.495.

SB378,59 Section 59. 46.22 (1) (e) 3. b. of the statutes is amended to read:

SB378,19,24 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 the purchase of care and services under ch. chs. 48 and 938 and subch. III of ch. 49 and of community-based juvenile delinquency-related services. The department of 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 children and families to submit the contracts to the committee for review and approval. The department of children and families may not make any payments to a county for programs included in the contract that is under review by the committee.

SB378,60 Section 60. 46.22 (1) (e) 3. c. of the statutes is repealed.

SB378,61 Section 61. 46.22 (2g) (d) 2. of the statutes is amended to read:

SB378,20,5 46.22 (2g) (d) 2. A final budget for submission to the department of health services in accordance with s. 46.031 (1) for authorized services, except services under ch. chs. 48, and 938 and subch. III of ch. 49, or s. 301.08 (2) and authorized community-based juvenile delinquency-related services.

SB378,62 Section 62. 46.22 (2g) (d) 3. of the statutes is amended to read:

SB378,20,10 46.22 (2g) (d) 3. A final budget for submission to the department of children and families in accordance with s. 49.325 for authorized services under ch. chs. 48 and 938 and subch. III of ch. 49 and authorized community-based juvenile delinquency-related services.

SB378,63 Section 63. 46.22 (2g) (d) 4. of the statutes is repealed.

SB378,64 Section 64. 46.23 (5) (a) 1. of the statutes is amended to read:

SB378,20,22 46.23 (5) (a) 1. Shall determine administrative and program policies, except as provided under ch. chs. 48 and 938 and subch. III of ch. 49 and except for policies relating to community-based juvenile delinquency-related services or to the purchase of juvenile correctional services, within limits established by the department of health services. Policy decisions, except as provided under ch. chs. 48 and 938 and subch. III of ch. 49 and except for policy decisions relating to community-based juvenile delinquency-related services or to the purchase of juvenile correctional services, that are not reserved by statute for the department of health services may be delegated by the secretary to the county human services board.

SB378,65 Section 65. 46.23 (5) (a) 2. of the statutes is amended to read:

SB378,21,6 46.23 (5) (a) 2. Shall determine administrative and program policies under ch. chs. 48 and 938 and subch. III of ch. 49 and administrative and program policies relating to community-based juvenile delinquency-related services within limits established by the department of children and families. Policy decisions under ch. chs. 48 and 938 and subch. III of ch. 49 and policy decisions relating to community-based juvenile delinquency-related services that are not reserved by statute for the department of children and families may be delegated by the secretary of children and families to the county human services board.

SB378,66 Section 66. 46.23 (5) (a) 3. of the statutes is repealed.

SB378,67 Section 67. 46.23 (5) (c) 1. of the statutes is amended to read:

SB378,21,14 46.23 (5) (c) 1. Shall determine whether state mandated services, except for services under ch. chs. 48 and 938 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile correctional services, are provided by, purchased from, or contracted for with local providers, and monitor the performance of those contracts. Purchase of services contracts shall be subject to the conditions specified in s. 46.036.

SB378,68 Section 68. 46.23 (5) (c) 2. of the statutes is amended to read:

SB378,21,20 46.23 (5) (c) 2. Shall determine whether state mandated services under ch. chs. 48 and 938 and subch. III of ch. 49 and state-mandated community-based juvenile delinquency-related services are provided by, purchased from, or contracted for with local providers, and monitor the performance of those contracts. Purchase of services contracts shall be subject to the conditions specified in s. 49.34.

SB378,69 Section 69. 46.23 (5) (c) 3. of the statutes is repealed.

SB378,70 Section 70. 46.23 (5) (n) 1. of the statutes is amended to read:

SB378,22,4 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. chs. 48 and 938 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile correctional 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 services the county human services board may expend those funds consistent with any service provided under s. 46.495 or 51.42.

SB378,71 Section 71. 46.23 (5) (n) 2. of the statutes is amended to read:

SB378,22,12 46.23 (5) (n) 2. Shall submit a final budget in accordance with s. 49.325 (1) for authorized services under ch. chs. 48 and 938 and subch. III of ch. 49 and for authorized community-based juvenile delinquency-related services. 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 those funds consistent with any service provided under s. 48.569.

SB378,72 Section 72. 46.23 (5) (n) 3. of the statutes is repealed.

SB378,73 Section 73. 46.23 (5m) (c) of the statutes is amended to read:

SB378,22,25 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 services in accordance with s. 46.031 (1) for authorized services, except services under ch. chs. 48 and 938 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile correctional services; and a final budget for submission to the department of children and families in accordance with s. 49.325 for authorized services under ch. chs. 48 and 938 and subch. III of ch. 49 and for authorized community-based juvenile delinquency-related services; and a final budget for submission to the department of corrections in accordance with s. 301.031 for the purchase of authorized juvenile correctional services.

SB378,74 Section 74. 46.23 (6) (a) (intro.) of the statutes is amended to read:

SB378,23,14 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 services and programs of the county department of human services. Those powers and duties are subject to the rules promulgated by the department of health services for programs, except that, with respect to services or programs under ch. chs. 48 and 938 and subch. III of ch. 49 and community-based juvenile delinquency-related services or programs, those powers and duties are subject to the rules promulgated by the department of children and families and, with respect to the purchase of juvenile correctional services or programs, those powers and duties are subject to the rules promulgated by the department of corrections. In consultation with the county human services board under sub. (5) and subject to its approval, the county human services director shall prepare all of the following:

SB378,75 Section 75. 48.02 (10r) of the statutes is amended to read:

SB378,23,18 48.02 (10r) “Juvenile detention facility" means a locked facility approved by the department of corrections under s. 301.36 938.226 for the secure, temporary holding in custody of children.

SB378,76 Section 76. 48.526 (title) of the statutes is renumbered 938.526 (title).

SB378,77 Section 77. 48.526 (1) of the statutes is renumbered 938.526 (1) and amended to read:

SB378,24,3 938.526 (1) Procedures. The department shall develop procedures for the implementation of this section and standards for the development and delivery of community-based juvenile delinquency-related services , as defined in s. 46.011 (1c), under this chapter and shall provide consultation and technical assistance to aid counties in the implementation and delivery of those services. The department shall establish information systems and monitoring and evaluation procedures to report periodically to the governor and legislature on the statewide impact of this section.

SB378,78 Section 78. 48.526 (2) (title) of the statutes is renumbered 938.526 (2) (title).

SB378,79 Section 79. 48.526 (2) (a) of the statutes is renumbered 938.526 (2) (a).

SB378,80 Section 80. 48.526 (2) (b) of the statutes is renumbered 938.526 (2) (b).

SB378,81 Section 81. 48.526 (2) (c) of the statutes is renumbered 938.526 (2) (c) and amended to read:

SB378,24,18 938.526 (2) (c) All funds to counties under this section shall be used to purchase or provide community-based juvenile delinquency-related services, as defined in s. 46.011 (1c), and to purchase juvenile correctional services, as defined in s. 46.011 (1p) under this chapter, except that no funds to counties under this section may be used for purposes of land purchase, building construction, or maintenance of buildings under s. 46.17, 46.175, or 301.37 938.227, for reimbursement of costs under s. 938.209, for city lockups, or for reimbursement of care costs in temporary shelter care under s. 938.22. Funds to counties under this section may be used for reimbursement of costs of program services, other than basic care and supervision costs, in juvenile detention facilities.

SB378,82 Section 82. 48.526 (2m) of the statutes is renumbered 938.526 (2m).

SB378,83 Section 83. 48.526 (3) (title) of the statutes is renumbered 938.526 (3) (title).

SB378,84 Section 84. 48.526 (3) (a) of the statutes is renumbered 938.526 (3) (a).

SB378,85 Section 85. 48.526 (3) (c) of the statutes is renumbered 938.526 (3) (c) and amended to read:

SB378,25,3 938.526 (3) (c) Within the limits of the appropriations under s. 20.437 (1) (4) (cj) and (o), the department shall allocate funds to each county for services under this section.

SB378,86 Section 86. 48.526 (3) (dm) of the statutes is renumbered 938.526 (3) (dm) and amended to read:

SB378,25,11 938.526 (3) (dm) The department may carry forward for a county from one calendar year to another funds allocated under this subsection that are not spent or encumbered. The amount that the department may carry forward for a county under this paragraph may not exceed 5% 5 percent of the amount allocated to the county for the 12-month period ending December 31. The funds carried forward under this paragraph do not affect a county's base allocation.

SB378,87 Section 87. 48.526 (3) (e) of the statutes is renumbered 938.526 (3) (e) and amended to read:

SB378,25,22 938.526 (3) (e) The department may carry forward $500,000 or 10% 10 percent of its funds allocated under this subsection and not encumbered or carried forward under par. (dm) by counties by December 31, whichever is greater, to the next 2 calendar years. The department may transfer moneys from or within s. 20.437 (1) (4) (cj) to accomplish this purpose. The department may allocate these transferred moneys to counties with persistently high rates of juvenile arrests for serious offenses during the next 2 calendar years to improve community-based juvenile delinquency-related services, as defined in s. 46.011 (1c). The allocation does not affect a county's base allocation.

SB378,88 Section 88. 48.526 (3) (em) of the statutes is renumbered 938.526 (3) (em) and amended to read:

SB378,26,6 938.526 (3) (em) The department may carry forward any emergency funds allocated under sub. (7) (e) and not encumbered or carried forward under par. (dm) by December 31 to the next 2 calendar years. The department may transfer moneys from or within s. 20.437 (1) (4) (cj) to accomplish this purpose. The department may allocate these transferred moneys to counties that are eligible for emergency payments under sub. (7) (e). The allocation does not affect a county's base allocation.

SB378,89 Section 89. 48.526 (6) (title) of the statutes is renumbered 938.526 (6) (title).