46.49(1)(1) Subject to
ss. 46.40 (1) (b) and
46.48 (15) (b), if the department receives unanticipated federal community mental health services block grant funds under
42 USC 300x to
300x-9, federal prevention and treatment of substance abuse block grant funds under
42 USC 300x-21 to
300x-35, or foster care and adoption assistance payments under
42 USC 670 to
679a and it proposes to allocate the unanticipated funds so that an allocation limit in
s. 46.40 is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limits under
s. 46.40. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding
s. 46.40, only with the approval of the committee.
46.49(2)
(2) If the department receives unanticipated federal social services block grant funds under
42 USC 1397 to
1397e, the department shall deposit the moneys in the appropriation under
s. 20.435 (7) (o), unless the funds are for a specified purpose that is not included in
s. 20.435 (7) (o), in which case the department shall deposit the moneys in the appropriation under
s. 20.435 (7) (md) or
(me), as appropriate.
46.495
46.495
Distribution of community aids funds to counties. 46.495(1)(am)(am) The department shall reimburse each county from the appropriations under
s. 20.435 (7) (b) and
(o) for social services as approved by the department under
ss. 46.215 (1),
(2) (c) 1. and (3) and 46.22 (1) (b) 1.
d. and (e) 3.
a. except that no reimbursement may be made for the administration of or aid granted under
s. 49.02.
46.495(1)(d)
(d) From the appropriations under
s. 20.435 (7) (b) and
(o), the department of health and family services shall distribute the funding for social services, including funding for foster care or treatment foster care of a child on whose behalf aid is received under
s. 46.261, to county departments under
ss. 46.215,
46.22 and
46.23 as provided under
s. 46.40. From the appropriations under
s. 20.445 (3) (cp),
(jg) and
(md), the department of industry, labor and job development shall distribute funding for at-risk and low-income child care under
s. 49.132 (2) (a). County matching funds are required for the distributions under
ss. 46.40 (2) and
(8) and
49.132 (2) (a). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s.
46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in
s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.
Effective date note
NOTE: Par. (d) is repealed and recreated eff. 7-1-97 by
1995 Wis. Act 404 to read:
Effective date text
(d) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2) and (8). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.
46.495(1)(dc)
(dc) The department of health and family services shall prorate the amount allocated by that department to any county department under
s. 46.215 or
46.22 under
par. (d) to reflect actual federal funds available. The department of industry, labor and job development shall prorate the amount allocated by that department to any county department under
s. 46.215 or
46.22 under
par. (d) to reflect actual federal funds available.
Effective date note
NOTE: Par. (dc) is repealed and recreated eff. 7-1-97 by
1995 Wis. Act 404 to read:
Effective date text
(dc) The department shall prorate the amount allocated to any county department under s. 46.215 or 46.22 under par. (d) to reflect actual federal funds available.
46.495(1)(f)1.1. If any state matching funds allocated by the department of health and family services under
par. (d) to match county funds are not claimed, the funds shall be redistributed for the purposes that department designates. If any state matching funds allocated by the department of industry, labor and job development under
par. (d) to match county funds are not claimed, the funds shall be redistributed for the purposes that department designates.
46.495(1)(f)2.
2. The county allocation to match aid increases shall be included in the contracts under
ss. 46.031 (2g) and
49.325 (2g) and approved by January 1 of the year for which funds are allocated, in order to generate state aid matching funds. All funds allocated under
par. (d) shall be included in the contracts under
ss. 46.031 (2g) and
49.325 (2g) and approved.
Effective date note
NOTE: Par. (f) is repealed and recreated eff. 7-1-97 by
1995 Wis. Act 404 to read:
Effective date text
(f) 1. If any state matching funds allocated under par. (d) to match county funds are not claimed, the funds shall be redistributed for the purposes the department designates.
46.495 Note
2. The county allocation to match aid increases shall be included in the contract under s. 46.031 (2g) and approved by January 1 of the year for which funds are allocated, in order to generate state aid matching funds. All funds allocated under par. (d) shall be included in the contract under s. 46.031 (2g) and approved.
46.495(2)(a)(a) The county treasurer and each director of a county department under
s. 46.215,
46.22 or
46.23 shall monthly certify under oath to the department in such manner as the department prescribes the claim of the county for state reimbursement under this section and if the department approves such claim it shall certify to the department of administration for reimbursement to the county for amounts due under this subsection and payment claimed to be made to the counties monthly. The department may make advance payments prior to the beginning of each month equal to one-twelfth of the contracted amount.
46.495(2)(b)
(b) To facilitate prompt reimbursement the certificate of the department may be based on the certified statements of the county officers filed under
par. (a). Funds recovered from audit adjustments from a prior fiscal year may be included in subsequent certifications only to pay counties owed funds as a result of any audit adjustment. By September 30 of each year the department shall submit a report to the appropriate standing committees under
s. 13.172 (3) on funds recovered and paid out during the previous calendar year as a result of audit adjustments.
46.495 History
History: 1995 a. 27 ss.
3129,
3132,
3135 to
3139;
1995 a. 289,
404.
46.50
46.50
State mental health authority. In order to promote coordination and efficient development of mental health services by the state and by municipalities in the state, the department is declared to be the state mental health authority of Wisconsin and as such is authorized to receive federal grants in aid and to cooperate with the federal government in promoting the extension of such services.
46.51
46.51
Child abuse and neglect services. 46.51(1)
(1) From the amounts distributed under
s. 46.40 (1) for services for children and families, the department shall distribute funds to eligible counties for services related to child abuse and neglect, including child abuse and neglect prevention, investigation and treatment.
46.51(3)
(3) The department shall distribute the funds under
sub. (1) to counties that have a serious problem with child abuse and neglect according to eligibility criteria and distribution criteria to be developed by the department.
46.51(4)
(4) A county may use the funds distributed under this section to fund additional foster parents and treatment foster parents to care for abused and neglected children and to fund additional staff positions to provide services related to child abuse and neglect.
46.51(5)
(5) A county may not use the funds distributed under this section to reduce its expenditures from other sources for services related to child abuse and neglect below the level in the year before the year for which the funds are distributed.
46.51 History
History: 1993 a. 16 ss.
982 to
986;
1993 a. 446;
1995 a. 27.
46.52
46.52
Systems change grants. From the appropriation under
s. 20.435 (7) (md), the department shall distribute $350,000 in each fiscal year to counties to assist in relocating individuals with mental illness from institutional or residential care to less restrictive and more cost-effective community settings and services. The department shall distribute funds to each recipient under this section so as to permit initial phasing in of community services for individuals with mental illness who are relocated or diverted from institutional or residential care and shall eliminate the funding at the end of a period of not more than 5 years in order to provide funding to another county. The department shall require that the community services that are developed under this section are continued, following termination of a county's funding under this section, by use of funding made available to the county from reduced institutional and residential care utilization.
46.52 History
History: 1995 a. 27,
216.
46.53
46.53
Mental health treatment provider training. From the appropriation under
s. 20.435 (7) (md), the department shall distribute $182,000 in each fiscal year to provide training for mental health treatment professionals on new mental health treatment approaches in working with special populations, including seriously mentally ill individuals and children with serious emotional disturbances, and on the use of new mental health treatment medications.
46.53 History
History: 1995 a. 27.
46.54
46.54
Consumer and family self-help and peer-support programs. From the appropriation under
s. 20.435 (7) (md), the department shall distribute $180,000 in each fiscal year to increase support for mental health family support projects, employment projects operated by consumers of mental health services, mental health crisis intervention and drop-in projects and public mental health information activities.
46.54 History
History: 1995 a. 27,
216.
46.55
46.55
Grants for services to persons in treatment. 46.55(1)(1) The department shall award grants to county departments under
s. 46.23 or
51.42 for the purpose of providing services to persons who are receiving alcohol and other drug abuse treatment, including child care services for the children of the persons.
46.55(2)
(2) A county department under
s. 46.23 or
51.42 may apply to the department for a grant under
sub. (1). The department shall select applicants to receive grants under
sub. (1) based on criteria developed by the department.
46.55(3)
(3) A county department under
s. 46.23 or
51.42 which receives a grant under
sub. (1) shall give priority for the services to a family whose income is below 150% of the poverty line, under
42 USC 9902 (2), or to a family with only one parent living in the home.
46.55(3m)
(3m) Within the limits of available funding under
s. 20.435 (7) (mb), the department shall award grants under this section in a total amount for all grants of not more than $250,000 in each fiscal year.
46.56
46.56
Integrated service programs for children with severe disabilities. 46.56(1)(1)
Definitions. In this section:
46.56(1)(a)
(a) "Administering agency" means a county department designated by the county board of supervisors to administer the program.
46.56(1)(b)
(b) "Agency" means a private nonprofit organization that provides treatment services for children with severe disabilities and their families.
46.56(1)(c)
(c) "Child with severe disabilities" means an individual who has not attained 18 years of age and whose mental, physical, sensory, behavioral, emotional or developmental disabilities, or whose combination of multiple disabilities meets all of the following conditions:
46.56(1)(c)2.
2. Has persisted for at least one year or is expected to persist for at least one year.
46.56(1)(c)3.
3. Causes substantial limitations in the child's ability to function in the family, the school or the community and with the child's ability to cope with the ordinary demands of life.
46.56(1)(c)4.
4. Causes the child to need services from 2 or more service systems.
46.56(1)(e)
(e) "Intake" means the process by which the service coordination agency initially screens a child with severe disabilities and the child's family to see if a complete assessment is needed.
46.56(1)(f)
(f) "Integrated services" means treatment, education, care and support services provided, in a coordinated manner, for a child with severe disabilities and his or her family.
46.56(1)(g)
(g) "Integrated service plan" means the plan for treatment, education and support services for an eligible child with severe disabilities and the child's family under
sub. (8) (h).
46.56(1)(h)
(h) "Interagency agreement" means a written document of understanding among service providers that identifies mutual responsibilities for implementing integrated services for children with severe disabilities.
46.56(1)(i)
(i) "Interdisciplinary team" means a group of professionals, assembled by the service coordinator, from various service systems who meet all of the following criteria:
46.56(1)(i)1.
1. Are skilled in providing treatment, education and support services for children with severe disabilities and their families.
46.56(1)(i)2.
2. Conduct comprehensive evaluations of the child with severe disabilities and the child's family's needs for treatment and support services.
46.56(1)(i)3.
3. Possess skills and knowledge of the needs or dysfunctions of the specific type presented by the child being assessed.
46.56(1)(i)4.
4. Are providing treatment, education or support services to the child with severe disabilities or the child's family, if the child or the child's family is receiving any treatment, education or support services.
46.56(1)(j)
(j) "Parent" means a parent who has legal custody, as defined in
s. 767.001 (2), of a child, or a guardian or legal custodian of a child, as defined in
s. 48.02 (8) and
(11).
46.56(1)(k)
(k) "Program" means an integrated service program for children with severe disabilities.
46.56(1)(L)
(L) "Service coordination" means a case management service that coordinates multiple service providers who are serving a particular child with severe disabilities and the child's family. The term includes arrangement for assessment, development of an integrated service plan based on the assessment, advocacy for the needs of the child and the child's family, monitoring of the child's progress, facilitation of periodic reviews of the integrated service plan and coordination and maintenance of clear lines of communication among all service providers and the child and the child's family.
46.56(1)(m)
(m) "Service coordination agency" means a county department, agency, school district, cooperative educational service agency or county handicapped children's education board designated in an interagency agreement by a coordinating committee to provide intake and service coordination for one or more target groups of eligible children with severe disabilities and their families.
46.56(1)(n)
(n) "Service coordinator" means an individual who is qualified by specialized training and clinical experience with children with severe disabilities and their families and who is appointed by the service coordination agency to provide coordination of treatment, education and support services for eligible children with severe disabilities and their families.
46.56(1)(o)
(o) "Service system" means the public and private organizations that provide specialized services for children with mental, physical, sensory, behavioral, emotional or developmental disabilities or that provide child welfare, juvenile justice, educational or health care services for children.
46.56(1)(p)
(p) Treatment services" means the individualized social, emotional, behavioral and medical services designed to bring about habilitation, rehabilitation and appropriate developmental growth of a child with severe disabilities.
46.56(2)
(2) Establishment of programs. If a county board of supervisors establishes a program under
s. 59.53 (7), it shall appoint a coordinating committee and designate an administering agency. The program may be funded by the county or the county board of supervisors may apply for funding by the state in accordance with
sub. (15).
46.56(3)(a)(a) The coordinating committee shall have the responsibilities specified in
par. (d) and shall include representatives from all of the following:
46.56(3)(a)1.
1. The county department responsible for child welfare and protection services.
46.56(3)(a)2.
2. The county department responsible for mental health and alcohol and drug abuse services for children and families.
46.56(3)(a)3.
3. The county department responsible for providing services for children who are developmentally disabled.
46.56(3)(a)4.
4. The family support program under
s. 46.985 if the county has a family support program.
46.56(3)(a)5.
5. The juvenile court administrator or another representative appointed by the judge responsible for cases heard under
chs. 48 and
938.
46.56(3)(a)6.
6. The largest school district in the county and any cooperative educational service agency, if it provides special education in the county, or any county handicapped children's education board in the county, and any other school district in the county that is willing to participate in the program, at the discretion of the administering agency.
46.56(3)(a)7.
7. At least 2 parents of children with severe disabilities, or the number of parents of children with severe disabilities that it will take to make the parent representation equal to 25% of the coordinating committee's membership, whichever is greater.
46.56(3)(b)
(b) The coordinating committee may include any of the following:
46.56(3)(b)1.
1. Representatives of the vocational rehabilitation office that provides services to the county.
46.56(3)(b)2.
2. Representatives of a technical college district that is located in the county.
46.56(3)(b)4.
4. Representatives of health maintenance organizations that are operating in the county.
46.56(3)(b)5.
5. Representatives of law enforcement agencies that are located in the county.
46.56(3)(b)7.
7. Representatives of agencies that are located in the county.
46.56(3)(c)
(c) An existing committee within the county may serve as the coordinating committee if it has the membership required under
par. (a) and agrees to undertake the responsibilities in
par. (d).
46.56(3)(d)1.a.
a. Prepare one or more interagency agreements in accordance with
sub. (5) that all participatory organizations in the program agree to follow in creating and operating a program.
