AB43: Bill Text

AB43,648,8 46.2895 (8) (a) 1. If the long-term care district offers employment to any individual who was previously employed by a county, which participated in creating the district and at the time of the offer had not withdrawn or been removed from the district under sub. (14), and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district and whose wages were established in who was covered by a collective bargaining agreement with the county under subch. IV of ch. 111 that is in effect on the date that the individual commences employment with the district, with respect to that individual, abide by the terms of the collective bargaining agreement concerning the individual's wages until the time of the expiration of that collective bargaining agreement or adoption of a collective bargaining agreement with the district under subch. IV of ch. 111 covering the individual as an employee of the district, whichever occurs first.

AB43,797 Section 797. 46.40 (8) of the statutes is amended to read:

AB43,648,13 46.40 (8) Alzheimer's family and caregiver support allocation. Subject to sub. (9), for services to persons with Alzheimer's disease and their caregivers under s. 46.87, the department shall distribute not more than $2,808,900 $3,308,900 in each fiscal year.

AB43,798 Section 798. 46.41 of the statutes is created to read:

AB43,648,21 46.41 Grants for tribal long-term care system development. From the appropriation under s. 20.435 (7) (b), the department shall annually allocate not more than $5,500,000 in each fiscal year to federally recognized American Indian tribes and bands located in this state for capital improvements to tribal facilities serving tribal members with long-term care needs and for improvements and repairs to homes of tribal members with long-term care needs to enable tribal members to receive long-term care services at home.

AB43,799 Section 799. 46.48 (3m) of the statutes is created to read:

AB43,649,2 46.48 (3m) Deaf, hard of hearing, and deaf-blind behavioral health treatment center. The department may distribute not more than $1,936,000 in each fiscal year, beginning in fiscal year 2024-25, to a statewide provider of behavioral health treatment services for individuals who are deaf, hard of hearing, or deaf-blind.

AB43,800 Section 800. 46.48 (22) of the statutes is created to read:

AB43,649,7 46.48 (22) Health care provider innovation grants. The department may distribute not more than $15,000,000 in each fiscal year as grants to health care providers and long-term care providers to implement best practices and innovative solutions to increase worker recruitment and retention.

AB43,801 Section 801. 46.48 (31) of the statutes is amended to read:

AB43,649,12 46.48 (31) Peer run respite centers. The From the appropriation under s. 20.435 (5) (bc), the department may distribute not more than $1,200,000 in each fiscal year, beginning in fiscal year 2014-15, grants to regional peer run respite centers for individuals with mental health and substance abuse concerns.

AB43,802 Section 802. 46.48 (33) of the statutes is created to read:

AB43,649,16 46.48 (33) Opioid antagonist funding. From the appropriation under s. 20.435 (5) (bc), the department shall annually award up to $2,000,000 to entities for the purchase of opioid antagonists, as defined under s. 450.01 (13v).

AB43,803 Section 803. 46.48 (34) of the statutes is created to read:

AB43,649,20 46.48 (34) Stimulant prevention and treatment response programs. The department may distribute not more than $1,644,000 in each fiscal year to support stimulant use prevention and treatment programs and services.

AB43,804 Section 804. 46.48 (35) of the statutes is created to read:

AB43,649,24 46.48 (35) Psychiatric residential treatment facilities. The department may distribute not more than $1,790,000 in each fiscal year to support psychiatric residential treatment facilities.

AB43,805 Section 805. 46.48 (36) of the statutes is created to read:

AB43,650,6 46.48 (36) Amyotrophic lateral sclerosis. From the appropriation under s. 20.435 (1) (b), the department shall award $250,000 in each fiscal year as a grant to an organization that supports and provides services to individuals with amyotrophic lateral sclerosis for the purposes of assisting individuals diagnosed with amyotrophic lateral sclerosis and their families with the costs of respite care and costs associated with amyotrophic lateral sclerosis that are not covered by insurance.

AB43,806 Section 806. 46.48 (37) of the statutes is created to read:

AB43,650,10 46.48 (37) Peer recovery centers. The department may distribute not more than $260,000 in each fiscal year to regional peer recovery centers for individuals experiencing mental health and substance abuse issues.

AB43,807 Section 807. 46.482 (1) (a) of the statutes is renumbered 46.482 (1) (bm).

AB43,808 Section 808. 46.482 (1) (am) of the statutes is created to read:

AB43,650,15 46.482 (1) (am) “Certified peer specialist” means an individual described under s. 49.45 (30j) (a) 1m. who has met the certification requirements established by the department.

AB43,809 Section 809. 46.482 (1) (b) of the statutes is renumbered 46.482 (1) (c) and amended to read:

AB43,650,20 46.482 (1) (c) “Peer recovery coach” means an individual described under s. 49.45 (30j) (a) 2. 3. who has completed the training requirements specified under s. 49.45 (30j) (b) 4.

AB43,810 Section 810. 46.482 (2) (a) of the statutes is amended to read:

AB43,650,24 46.482 (2) (a) Use peer recovery coaches and certified peer specialists to encourage individuals to seek treatment for a substance use disorder following an overdose.

AB43,811 Section 811. 46.482 (2) (f) of the statutes is amended to read:

AB43,651,3 46.482 (2) (f) Collect and evaluate data on the outcomes of patients receiving peer recovery coach or certified peer specialist services and coordination and continuation of care services under this section.

AB43,812 Section 812. 46.533 of the statutes is created to read:

AB43,651,7 46.533 Suicide and crisis lifeline; grants. (1) In this section, “national crisis hotline” means the telephone or text access number “988,” or its successor, that is maintained under the federally administered program under 42 USC 290bb-36c.

AB43,651,11 (2) From the appropriation under s. 20.435 (5) (ch), the department shall award grants to organizations that provide crisis intervention services and crisis care coordination to individuals who contact the national crisis hotline from anywhere within this state.

AB43,813 Section 813. 46.73 of the statutes is created to read:

AB43,651,15 46.73 Community dental health coordinators. From the appropriations under s. 20.435 (4) (bm) and (pa), the department shall award grants to support community dental health coordinators.

AB43,814 Section 814 . 46.854 of the statutes is created to read:

AB43,651,19 46.854 Healthy aging grant program. From the appropriation under s. 20.435 (1) (b), the department shall award in each fiscal year a grant of $600,000 to an entity that conducts programs in healthy aging.

AB43,815 Section 815. 46.87 (5m) of the statutes is amended to read:

AB43,652,2 46.87 (5m) A person is financially eligible for the program under this section if the joint income of the person with Alzheimer's disease and that person's spouse, if any, is $48,000 $60,000 per year or less, unless the department sets a higher limitation on income eligibility by rule. In determining joint income for purposes of this subsection, the administering agency shall subtract any expenses attributable to the Alzheimer's-related needs of the person with Alzheimer's disease or of the person's caregiver.

AB43,816 Section 816. 46.995 (4) of the statutes is created to read:

AB43,652,7 46.995 (4) The department shall ensure that any child who is eligible and who applies for the disabled children's long-term support program that is operating under a waiver of federal law receives services under the disabled children's long-term support program that is operating under a waiver of federal law.

AB43,817 Section 817. 47.02 (3m) (f) of the statutes is amended to read:

AB43,652,16 47.02 (3m) (f) Assure that eligibility for vocational rehabilitation services under this chapter is determined without regard to the sex, race, age, creed, color, or national origin, sexual orientation, as defined in s. 111.32 (13m), gender expression, as defined in s. 111.32 (7j), or gender identity, as defined in s. 111.32 (7k), of the individual applying for services, that no class of individuals is found ineligible solely on the basis of type of disability, and that no age limitations for eligibility exist which that, by themselves, would result in ineligibility for vocational rehabilitation services.

AB43,818 Section 818 . 48.02 (1d) of the statutes is amended to read:

AB43,652,21 48.02 (1d) “Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “ adult" means a person who has attained 17 years of age.

AB43,819 Section 819 . 48.02 (2) of the statutes is amended to read:

AB43,653,2 48.02 (2) “Child," when used without further qualification, means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “child" does not include a person who has attained 17 years of age.

AB43,820 Section 820. 48.02 (12c) of the statutes is created to read:

AB43,653,6 48.02 (12c) “Like-kin” means a person who has a significant emotional relationship with a child or the child's family and to whom any of the following applies:

AB43,653,9 (a) Prior to the child's placement in out-of-home care, the person had an existing relationship with the child or the child's family that is similar to a familial relationship.

AB43,653,13 (b) During the child's placement in out-of-home care, the person developed a relationship with the child or the child's family that is similar to a familial relationship, and the person is not and has not previously been the child's licensed foster parent.

AB43,653,15 (c) For an Indian child, “like-kin” includes individuals identified by the child's tribe according to tribal tradition, custom or resolution, code, or law.

AB43,821 Section 821 . 48.02 (13) of the statutes is amended to read:

AB43,654,11 48.02 (13) “Parent" means a biological natural parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, “parent" includes a person conclusively determined from genetic test results to be the father under s. 767.804 or, a person acknowledged under s. 767.805 or a substantially similar law of another state to be a natural parent, or a person adjudicated to be the biological father a natural parent. “Parent" does not include any person whose parental rights have been terminated. For purposes of the application of s. 48.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent" means a biological natural parent of an Indian child, an Indian husband spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian child, including an adoption under tribal law or custom, and includes, in the case of a nonmarital Indian child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, a person conclusively determined from genetic test results to be the father under s. 767.804, a person acknowledged under s. 767.805, a substantially similar law of another state, or tribal law or custom to be the biological father natural parent, or a person adjudicated to be the biological father natural parent, but does not include any person whose parental rights have been terminated.

AB43,822 Section 822. 48.02 (15) of the statutes is amended to read:

AB43,654,23 48.02 (15) “Relative" means a parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, first cousin once removed, 2nd cousin, nephew, niece, uncle, aunt, stepuncle, stepaunt, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person named in this subsection, even if the marriage is terminated by death or divorce. For purposes of the application of s. 48.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “relative" includes an extended family member, as defined in s. 48.028 (2) (am), whether by blood, marriage, or adoption, including adoption under tribal law or custom. For purposes of placement of a child, “relative" also includes a parent of a sibling of the child who has legal custody of that sibling.

AB43,823 Section 823 . 48.025 (title) of the statutes is amended to read:

AB43,655,2 48.025 (title) Declaration of paternal parental interest in matters affecting children.

AB43,824 Section 824 . 48.025 (2) (b) of the statutes is amended to read:

AB43,655,8 48.025 (2) (b) A declaration under sub. (1) may be filed at any time before the birth of the child or within 14 days after the birth of the child, except that a man person who receives a notice under s. 48.42 (1g) (b) may file a declaration within 21 days after the date on which the notice was mailed. This paragraph does not apply to a declaration filed before July 1, 2006.

AB43,825 Section 825 . 48.025 (3) (c) of the statutes is amended to read:

AB43,655,23 48.025 (3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13 or under a substantially similar law of another state or a person authorized to file a petition under s. 48.25, 48.42, 48.837, or 938.25 or under a substantially similar law of another state may request the department to search its files to determine whether a person who may be the father parent of the child who is the subject of the proceeding has filed a declaration under this section. If the department has on file a declaration of paternal parental interest in matters affecting the child, the department shall issue to the requester a copy of the declaration. If the department does not have on file a declaration of paternal parental interest in matters affecting the child, the department shall issue to the requester a statement that no declaration could be located. The department may require a person who requests a search under this paragraph to pay a reasonable fee that is sufficient to defray the costs to the department of maintaining its file of declarations and publicizing information relating to declarations of paternal parental interest under this section.

AB43,826 Section 826. 48.028 (2) (e) of the statutes is amended to read:

AB43,656,9 48.028 (2) (e) “Out-of-home care placement" means the removal of an Indian child from the home of his or her parent or Indian custodian for temporary placement in a foster home, group home, residential care center for children and youth, or shelter care facility, in the home of a relative other than a parent, in the home of like-kin, or in the home of a guardian, from which placement the parent or Indian custodian cannot have the child returned upon demand. “Out-of-home care placement" does not include an adoptive placement, a preadoptive placement, a delegation of powers, as described in par. (d) 5., an emergency change in placement under s. 48.357 (2) (b), or holding an Indian child in custody under ss. 48.19 to 48.21.

AB43,827 Section 827. 48.028 (2) (f) of the statutes is amended to read:

AB43,656,16 48.028 (2) (f) “Preadoptive placement" means the temporary placement of an Indian child in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, or in the home of a guardian after a termination of parental rights but prior to or in lieu of an adoptive placement. “Preadoptive placement" does not include an emergency change in placement under s. 48.437 (2).

AB43,828 Section 828. 48.207 (1) (b) of the statutes is amended to read:

AB43,656,25 48.207 (1) (b) The home of a relative or like-kin, except that a child may not be held under this paragraph in the home of a relative if the relative person who has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the child. The person making the custody decision shall consider the wishes of the child in making that determination.

AB43,829 Section 829. 48.207 (1) (f) of the statutes is amended to read:

AB43,657,5 48.207 (1) (f) The home of a person not a relative or like-kin, if the placement does not exceed 30 days, though the placement may be extended for an additional 30 days for cause by the court, and if the person has not had a license under s. 48.62 refused, revoked, or suspended within the last 2 years.

AB43,830 Section 830. 48.233 (2) of the statutes is amended to read:

AB43,657,8 48.233 (2) This section does not apply to a proceeding commenced under s. 48.13 after June 30, 2023 2025.

AB43,831 Section 831. 48.233 (3) of the statutes is amended to read:

AB43,657,19 48.233 (3) The state public defender may promulgate rules necessary to implement the pilot program established under sub. (1). The state public defender may promulgate the rules under this subsection as emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (a) and (3), the state public defender is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until 2 4 years after June 30, 2021.

AB43,832 Section 832. 48.233 (4) of the statutes is amended to read:

AB43,657,25 48.233 (4) By January 1, 2021, and by January 1, 2023 2025, the department and the state public defender shall each submit a report to the joint committee on finance, and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), regarding costs and data from implementing the pilot program under sub. (1).

AB43,833 Section 833. 48.27 (3) (b) 1. a. of the statutes is amended to read:

AB43,658,3 48.27 (3) (b) 1. a. A person who has filed a declaration of paternal parental interest under s. 48.025.

AB43,834 Section 834 . 48.27 (3) (b) 1. b. of the statutes is amended to read:

AB43,658,8 48.27 (3) (b) 1. b. A person alleged to the court to be the father a parent of the child or who may, based on the statements of the mother parent who gave birth to the child or other information presented to the court, be the father a parent of the child.

AB43,835 Section 835 . 48.27 (5) of the statutes is amended to read:

AB43,658,16 48.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of paternal parental interest under s. 48.025, any person conclusively determined from genetic test results to be the father under s. 767.804 (1), any person who has acknowledged paternity parentage of the child under s. 767.805 (1), and any person who has been adjudged to be the father parent of the child in a judicial proceeding unless the person's parental rights have been terminated.

AB43,836 Section 836 . 48.299 (6) (intro.) of the statutes is amended to read:

AB43,658,22 48.299 (6) (intro.) If a man person who has been given notice under s. 48.27 (3) (b) 1., 48.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1. appears at any hearing for which he or she received the notice, alleges that he or she is the father a parent of the child, and states that he or she wishes to establish the paternity parentage of the child, all of the following apply:

AB43,837 Section 837 . 48.299 (6) (e) 1. of the statutes is amended to read:

AB43,659,3 48.299 (6) (e) 1. In this paragraph, “genetic test" means a test that examines genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body material for the purpose of determining the statistical probability that a man person who is alleged to be a child's father parent is the child's biological father parent.

AB43,838 Section 838 . 48.299 (6) (e) 2. of the statutes is amended to read:

AB43,659,7 48.299 (6) (e) 2. The court shall, at the hearing, orally inform any man person specified in sub. (6) (intro.) that he or she may be required to pay for any testing ordered by the court under this paragraph or under s. 885.23.

AB43,839 Section 839 . 48.299 (6) (e) 3. of the statutes is amended to read: