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.
46.48(5)
(5) Alcohol and other drug abuse residential treatment. For funding of at least 8 beds at a community-based residential facility in which English and Spanish are spoken, to provide treatment for alcohol and other drug abuse to residents of a 1st class city, the department may distribute not more than $248,200 for each fiscal year as a grant to the New Beginning residential treatment program in the city of Milwaukee.
46.48(6)
(6) Career youth development center. The department shall distribute $110,000 in each fiscal year to the career youth development center in the city of Milwaukee. Of these amounts, $80,000 shall be distributed in each fiscal year for the operation of a minority youth substance abuse treatment program and $30,000 shall be distributed in each fiscal year for drug prevention programs for high school athletes in the Milwaukee public school system.
46.48(7)
(7) Services to residents of Christian league for the handicapped. The department shall distribute $53,800 in each fiscal year to county departments under
s. 46.23,
51.42 or
51.437 of the counties that are fiscally responsible for persons who resided in the Christian league for the handicapped in Walworth county on the date that the facility gave up its status as a medical assistance provider for the purpose of providing services to those persons.
46.48(8)
(8) Prisoner reintegration program. 46.48(8)(b)
(b) The department shall award $125,000 in each fiscal year as a grant to an organization or a group of organizations to provide a pilot program in Milwaukee county for prisoner reintegration.
46.48(8)(c)
(c) The department shall provide application procedures and selection criteria for awarding the grant under
par. (b) in accordance with that department's request-for-proposal procedures.
46.48(8)(d)
(d) The program under
par. (b) shall provide at least all of the following:
46.48(8)(d)1.
1. The use of liaisons to meet with prospective program participants to provide information about the program and to assist program participants, prior to their release on parole, in planning for and obtaining the housing, employment, education and treatment that they will need upon release.
46.48(8)(d)2.
2. The use of mentors to assist participants in their reintegration into the community.
46.48(9)
(9) Police athletic league recreational activities. The department shall award $5,000 in each fiscal year as a grant to the Milwaukee police athletic league to purchase sports and recreational equipment for a gymnasium facility located at 2449 N. 36th Street in the city of Milwaukee and for a gymnasium facility located at 2544 N. 30th Street in the city of Milwaukee, and to contribute to the operating expenses of those gymnasium facilities.
46.48(10)
(10) Competency examinations. The department shall provide not more than $484,300 in each fiscal year to a county with a population of 500,000 or more to fund examinations under
s. 971.14 (2) in that county.
46.48(13)
(13) Supported employment opportunities. The department shall distribute at least $60,000 in each fiscal year for programs to provide supported employment opportunities for severely disabled persons.
46.48(14)
(14) Epilepsy services grants. The department shall distribute not more than $150,000 in each fiscal year for grants under
s. 46.57 for services to persons with epilepsy.
46.48(15)
(15) Milwaukee foster care and adoption project. 46.48(15)(a)(a) The department shall distribute the following amounts in each fiscal year to Milwaukee county:
46.48(15)(a)1.
1. For recruiting, training and licensing new foster parents and treatment foster parents for children in Milwaukee county and for providing ongoing family reunification services for children and families in Milwaukee county, $750,000 in each fiscal year.
46.48(15)(a)2.
2. For purchasing foster parent and treatment foster parent training from a private or educational agency, $150,000 in each fiscal year.
46.48(15)(a)3.
3. For enhancing Milwaukee county's capacity to assess the needs of children who are in long-term foster or treatment foster care and children who are new to foster or treatment foster care, for recruiting and investigating proposed adoptive parents and for prosecuting adoption petitions, $130,000 in each fiscal year.
46.48(15)(b)
(b) In addition to the amounts distributed under
par. (a), if the department receives any federal moneys under
42 USC 670 to
679a in reimbursement of the amounts distributed under
par. (a), the department, notwithstanding
s. 46.49 (1), shall distribute those moneys to Milwaukee county for the purposes specified in
par. (a).
46.48(16)
(16) African American foster parent recruitment. 46.48(16)(a)(a) The department shall distribute not more than $37,500 in each fiscal year as grants to private, nonprofit organizations to recruit African American foster parents, including African American prospective adoptive parents, in communities that have a high percentage of African American children and a high percentage of children in out-of-home placements. The department shall review applications submitted under this paragraph and determine the number of grants that will be awarded, which of the applicants will receive grants and the amount of each grant. A private, nonprofit organization receiving a grant under this paragraph shall cooperate and coordinate its activities under the grant with the county department under
s. 46.215,
46.22 or
46.23 serving the area from which the private, nonprofit organization recruits African American foster parents.
46.48(16)(b)
(b) In addition to the amounts distributed under
par. (a), if the department receives any federal moneys under
45 CFR 1356.60 to match the expenditure of funds under
par. (a), the department shall distribute those moneys for the purposes specified in
par. (a).
46.48(26)
(26) Community improvement job training. The department shall award $250,000 in each fiscal year, beginning in fiscal year 1994-95, as a grant to a community organization to conduct a community improvement job training program which shall do all of the following:
46.48(26)(a)
(a) Provide job training, counseling and education for persons 16 to 23 years of age who reside in neighborhoods that have gang problems.
46.48(26)(b)
(b) Provide projects to rebuild and strengthen neighborhoods that have gang problems.
46.48(26)(c)
(c) Assist program participants who want to start their own small businesses by referring those participants to sources of grants, loans, venture capital and other funding and by assisting those participants with the funding application process.
46.48(26)(d)
(d) Encourage former gang members to participate in the program.
46.48 History
History: 1989 a. 31 ss.
1085,
1090,
1092 to
1094,
1099;
1989 a. 122,
336,
359;
1991 a. 39,
269;
1993 a. 16,
98,
446;
1995 a. 27 ss.
2301m to
2304,
2600,
2601.
46.485
46.485
Mental health services for severely emotionally disturbed children. 46.485(2g)
(2g) From the appropriation under
s. 20.435 (1) (b), the department may in each fiscal year transfer funds to the appropriation under
s. 20.435 (3) (kb) for distribution under this section and from the appropriation under
s. 20.435 (7) (mb) the department shall distribute $240,000 in each fiscal year to applying counties in this state that meet all of the following requirements, as determined by the department:
46.485(2g)(a)2.
2. The county receives any grant for services to severely emotionally disturbed children.
46.485(2g)(a)3.
3. The county is in compliance with the requirements of
s. 46.56, except that the county need not receive funding under
s. 46.56 (15).
46.485(2g)(b)
(b) The county submits to the department a plan that specifies the proposed use of funds to implement the program under this section, including, at the time of termination of funding under this section, enrollment of children served under the program in a limited service health organization that covers both inpatient and outpatient expenses.
46.485(3g)
(3g) The amount that the department may transfer under
sub. (2g) for a county may not exceed the estimated state share of payments under
s. 49.45,
49.46 or
49.47 for mental health care and treatment that is provided in inpatient facilities for children with a severe emotional disturbance who reside in the county.
46.485(3m)
(3m) Funds that are distributed under
sub. (2g) may be used for all of the following:
