46.30(3)(b)3.
3. Create a community action program. If the community action agency creates a program, it shall plan, coordinate, administer and evaluate the program. A community action program may include provisions that will help poor persons:
46.30(3)(b)3.d.
d. Obtain and maintain adequate housing and a suitable living environment.
46.30(3)(b)3.f.
f. Obtain emergency assistance. Through its program, the community action agency may provide emergency supplies or services to meet basic needs.
46.30(3)(b)4.
4. Create methods by which poor persons can work with private groups to solve common problems.
46.30(3)(b)5.
5. Research the causes of and problems created by poverty in the community.
46.30(3)(b)6.
6. Determine if programs to reduce poverty are working effectively.
46.30(3)(b)7.
7. Initiate and sponsor projects to aid poor persons that provide otherwise unavailable services.
46.30(3)(b)8.
8. Transmit information between public and private organizations and otherwise coordinate the provision of public and private social services programs to eliminate overlap and ensure effective delivery of the programs.
46.30(3)(b)9.
9. Contract with other persons to perform the community action agency's functions. The community action agency may delegate responsibility for funding or administering its programs or for making policy determinations concerning a particular geographic area of the community it serves only if poor persons represent at least one-third of the members of the governing body of the agent being delegated this responsibility.
46.30(3)(b)10.
10. Apply for funds from various sources to support a community action program.
46.30(4)(b)
(b) The department shall allocate at least 90% of the funds received under
42 USC 9903 to community action agencies and organizations.
46.30(4)(c)
(c) The department may not allocate more than 5% of the funds received under
42 USC 9903 for state administrative expenses.
46.30(4)(d)
(d) Before January 1 of each year the department shall contract with each agency and organization being funded, specifying the amount of money the organization will receive under this section and the activities to be carried out by the organization.
46.33
46.33
Employe counseling referral programs. The department may provide technical assistance to municipalities, counties, school districts and private employers for referral programs for employe counseling. The department may charge fees to cover the costs of these services.
46.33 History
History: 1989 a. 31.
46.34
46.34
Emission standards for hazardous air contaminants. The department may assist the department of natural resources in the development of emission standards for hazardous air contaminants under
s. 285.27 (2) (b).
46.34 History
History: 1993 a. 16;
1995 a. 227.
46.35
46.35
Council on American Indian health. 46.35(1)
(1)
Definition. In this section, "American Indian health" means all aspects of the physical and mental health of American Indians residing in this state, including alcohol and other drug abuse evaluation and treatment, audiology, dentistry and dental hygiene, community health nursing, general internal medicine, laboratory and X-ray services, mental health care, optometry, physical therapy, pharmacy, podiatry and social services.
46.35(2)
(2) Duties. The council on American Indian health shall do all of the following:
46.35(2)(a)
(a) Develop, periodically update and recommend to the department a state plan for the improvement of health care services to American Indians in this state. The council shall consult with tribal governments and health programs, the federal Indian health service, the department and other entities involved in American Indian health to seek their comments and suggestions regarding the plan and to coordinate the plan with plans developed by those entities. The plan shall address all of the following:
46.35(2)(a)1.
1. The availability of comprehensive health care services for all American Indians in this state.
46.35(2)(a)2.
2. Access for American Indians and tribal governments to state and county health care programs, including, where appropriate, tribal administration of such programs.
46.35(2)(a)3.
3. Intergovernmental coordination of health care programs affecting American Indians, including coordination among tribal, county, state and federal governments.
46.35(2)(a)4.
4. The development and coordination of programs to address health care issues of particular concern to American Indians.
46.35(2)(a)5.
5. Recruitment and training of health care providers to meet the specialized health needs of American Indians, including the recruitment and training of American Indians from this state and other individuals with a particular commitment to serving American Indian communities.
46.35(2)(a)6.
6. Research regarding health care issues of particular concern to American Indians.
46.35(2)(b)
(b) Advise the officers and entities specified in
sub. (4) regarding funding, policies, programs and operations of those entities and other matters with respect to American Indian health.
46.35(2)(c)
(c) Recommend legislation relating to American Indian health.
46.35(2)(d)
(d) Seek the collaboration of private, state and federal agencies in funding and conducting a comprehensive assessment of the health care needs of American Indians in this state.
46.35(2)(e)
(e) Consider all questions and matters regarding American Indian health arising within the council or brought to the council for review.
46.35(2)(f)
(f) Submit annually to the legislature under
s. 13.172 (2) and to the American Indian study committee under
s. 13.83 (3) a report concerning the council's recommendations under
par. (c).
46.35(3)
(3) Powers. The council on American Indian health may do any of the following:
46.35(3)(a)
(a) Form committees for the consideration of specific topics within the charge of the council.
46.35(3)(b)
(b) Request reports or other information from state agencies regarding issues affecting American Indian health.
46.35(3)(c)
(c) Hold public hearings to gather information regarding issues affecting American Indian health.
46.35(3)(d)
(d) Request assistance or information and solicit policy recommendations from tribal governments and health programs, the federal Indian health service, the department and other entities involved in American Indian health.
46.35(3)(e)
(e) Conduct public forums or other educational programs to inform policymakers and administrators of state and county health programs and the general public about the health care needs of American Indians.
46.35(4)
(4) Liaison with state agencies. All of the following shall maintain liaison with and periodically report to the council on American Indian health concerning progress in achieving the objectives of the state plan developed under
sub. (2) (a):
Effective date note
NOTE: Par. (a) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(a) The state superintendent of public instruction.
46.35(4)(c)
(c) The secretary of health and family services.
46.35(4)(d)
(d) The university of Wisconsin-Madison medical school.
46.37
46.37
Certain water and sewerage service in Winnebago county. The department as a member of the tri-institutional Winnebago mental health institute, Winnebago county asylum and Sunny View sanatorium sewer agreement in Winnebago county is authorized to furnish and charge for water and sewage services to business and dwelling units located in the privately owned area lying west of the Winnebago mental health institute and bounded on the west by the railroad properties and on the north, east and south by the grounds of the Winnebago mental health institute, together with such dwelling or other units as now exist or as may be erected on the railroad and state owned property adjacent to this area.
46.37 History
History: 1973 c. 90 s.
560 (3).
46.40
46.40
Community aids funding. 46.40(1)(a)(a) Within the limits of available federal funds and of the appropriations under
s. 20.435 (7) (b) and
(o), the department shall distribute funds for community social, mental health, developmental disabilities and alcohol and other drug abuse services and for services under
ss. 46.51,
46.87,
46.985 and
51.421 to county departments under
ss. 46.215,
46.22,
46.23,
51.42 and
51.437 and to county aging units, as provided in
subs. (2) to
(8).
46.40(1)(b)
(b) Notwithstanding
s. 46.49, if the department receives any federal moneys under
42 USC 670 to
679a in reimbursement of moneys allocated under
par. (a) for the provision of foster care, the department shall distribute those federal moneys for services and projects to assist children and families.
46.40(1)(c)
(c) The Milwaukee County department of social services shall report to the department in a manner specified by the department on all children under the supervision of the Milwaukee County department of social services who are placed in foster homes and whose foster parents receive funding for child care from the amounts distributed under
par. (a) so that the department may claim federal foster care and adoption assistance reimbursement under
42 USC 670 to
679a for the amounts expended by the Milwaukee County department of social services for the provision of child care for those children. Notwithstanding
s. 46.49, if the department receives any federal moneys under
42 USC 67 to
679a in reimbursement of the amounts expended by the Milwaukee County department of social services for the provision of child care for children in foster care in 1996 and 1997, the department shall distribute those federal moneys to the Milwaukee County department of social services for the provision of child care for children in foster care.
46.40(2)
(2) Basic county allocation. For social services under
s. 46.495 (1) (d) and services under
s. 51.423 (2), the department shall distribute not more than $292,368,400 for fiscal year 1995-96 and $291,349,200 for fiscal year 1996-97.
46.40(2m)
(2m) Federal block grant allocations. 46.40(2m)(a)(a)
Prevention and treatment of substance abuse. For prevention and treatment of substance abuse under
42 USC 300x-21 to
300x-35, the department shall distribute not more than $11,087,200 in fiscal year 1995-96 and not more than $11,285,200 in fiscal year 1996-97.
46.40(2m)(b)
(b)
Community mental health services. For community mental health services under
42 USC 300x to
300x-9, the department shall distribute not more than $2,513,400 in fiscal year 1995-96 and not more than $2,513,400 in fiscal year 1996-97.
46.40(7)
(7) Family support allocation. For family support programs for the families of disabled children under
s. 46.985, the department shall distribute not more than $4,339,800 in each fiscal year.
46.40(7m)
(7m) Use by county of community aids funds to pay private attorneys for certain proceedings under the children's code. Upon application by a county department under
s. 46.215,
46.22 or
46.23 to the department for permission to use funds allocated to that county department under
sub. (2) to employ private counsel for the purposes specified in this subsection and a determination by the department that use of funds for those purposes does not affect any federal grants or federal funding allocated under this section, the department and the county department shall execute a contract authorizing the county department to expend, as agreed upon in the contract, funds allocated to that county department under
sub. (2) to permit the county department to employ private counsel to represent the interests of the state or county in proceedings under
ch. 48 relating to child abuse or neglect cases, proceedings to terminate parental rights and any
ch. 48 cases or proceedings involving the Indian child welfare act,
25 USC 1901 to
1963.
46.40(8)
(8) Alzheimer's family and caregiver support allocation. For services to persons with Alzheimer's disease and their caregivers under
s. 46.87, the department shall distribute not more than $1,877,000 for each fiscal year.
46.40(14m)
(14m) County community aids budgets. Before December 1 of each year, each county department under
ss. 46.215,
46.22,
46.23,
51.42 and
51.437 and each tribal governing body shall submit to the department a proposed budget for the expenditure of funds allocated under this section. The proposed budget shall be submitted on a form developed by the department and approved by the department of administration.
46.40 History
History: 1987 a. 27,
399,
405;
1989 a. 31,
122,
336;
1991 a. 6,
39,
189,
269,
275,
315;
1993 a. 16,
437,
446;
1995 a. 27,
275,
303,
404.
46.45
46.45
Carry-over of community aids funds. Funds allocated by the department under
ss. 46.495 (1) (d),
46.87 (3) (c) 4. and
(4) and
51.423 (2) but not spent or encumbered by counties, governing bodies of federally recognized American Indian tribes or private nonprofit organizations by December 31 of each year and funds recovered under
ss. 46.495 (2) (b) and
51.423 (15) and deposited in the appropriation under
s. 20.435 (7) (b) lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year under
s. 20.435 (7) (b) or as follows:
46.45(3)(a)(a) Except as provided in
par. (b), at the request of a county, tribal governing body or private nonprofit organization, the department shall carry forward up to 3% of the total amount allocated to the county, tribal governing body or nonprofit organization for a calendar year. All funds carried forward for a tribal governing body or nonprofit organization, all federal child welfare funds under
42 USC 620 to
626 and all funds allocated under
s. 46.40 (2m) carried forward for a county shall be used for the purpose for which the funds were originally allocated. Except as provided under
par. (am), other funds carried forward may be used for any purpose under
s. 20.435 (7) (b).
46.45(3)(am)
(am) A county may not use any funds carried forward under
par. (a) for administrative or staff costs.
46.45(3)(b)
(b) The department may not carry forward funds allocated to a private nonprofit organization for a calendar year for use in the next calendar year unless the organization continues to be eligible to receive an allocation under
s. 46.87 (4) in the next calendar year.
46.45(6)
(6) The department may carry forward 10% of any funds not carried forward under
sub. (3) for emergencies, for justifiable unit services costs above planned levels and to provide compensation for increased costs due to population shifts.
46.47
46.47
Community aids performance standards. The department, after consultation with the department of administration and with county departments under
ss. 46.215,
46.22,
46.23,
51.42 and
51.437, shall develop performance standards for services funded by community aids funds allocated under
s. 46.40. The department shall implement the performance standards no later than July 1, 1996.
46.47 History
History: 1987 a. 27;
1995 a. 27.
46.48
46.48
Grants for community programs. 46.48(1)
(1)
General. From the appropriation under
s. 20.435 (7) (bc), the department shall distribute grants for community programs as provided in this section.
46.48(3)
(3) Foster care placement continuation. 46.48(3)(a)(a) The department shall distribute $497,200 in each fiscal year to counties for the purpose of supplementing payments for the care of an individual who attains age 18 after 1986 and who resided in a foster home, as defined in
s. 48.02 (6), or a treatment foster home, as defined in
s. 48.02 (17q), for at least 2 years immediately prior to attaining age 18 and, for at least 2 years, received exceptional foster care or treatment foster care payments in order to avoid institutionalization, as provided under rules promulgated by the department, so that the individual may live in a family home or other noninstitutional situation after attaining age 18. No county may use funds provided under this paragraph to replace funds previously used by the county for this purpose.
46.48(3)(b)
(b) A county shall evaluate the proposed living arrangement of an individual under
par. (a) to determine whether that living arrangement is cost-effective compared to other care reasonably available to the county including other community care as well as institutional care. If the proposed living arrangement is not cost-effective, the county may not use funds distributed under
par. (a) for the care of that individual in the proposed living arrangement. A county shall evaluate the cost-effectiveness of the living arrangement of an individual for whom funds are provided under
par. (a) at least once every 5 years.
46.48(4)
(4) Treatment alternative program. For grants under
s. 46.65, the department shall award not more than $261,300 in each fiscal year as grants to applicants that have previously received grants under
s. 46.65.
