46.90(6)(b)
(b) Reports of suspected abuse, material abuse, neglect or self-neglect and investigation reports under this section are confidential and may not be released by the county agency or other investigating agency, except under the following circumstances they may be released:
46.90(6)(b)1.
1. To the elder person and any person named in a report who is suspected of abusing or neglecting an elder person. These persons may inspect the report on the investigation, except that information identifying the person who initially reported the suspected abuse, material abuse, neglect or self-neglect may not be released.
46.90(6)(b)2.
2. To the protective services agency notified under
sub. (5) (f). Information obtained under this subdivision shall remain confidential.
46.90(6)(b)3.
3. To an individual, organization or agency designated by the department or as required by law for the purposes of management audits or program monitoring and evaluation. Information obtained under this subdivision shall remain confidential and shall not be used in any way that discloses the names or other identifying information about the individuals involved.
46.90(6)(b)4.
4. For purposes of research if the research project has been approved by the department or the county agency and the researcher has provided assurances that the information will be used only for the purposes for which it was provided to the researcher, the information will not be released to a person not connected with the study under consideration, and the final product of the research will not reveal information that may serve to identify the individuals involved. Such information shall remain confidential. In approving research projects under this subdivision, the department shall impose any additional safeguards needed to prevent unwarranted disclosure of information.
46.90(6)(b)6.
6. To any agency or individual that provides direct services under
sub. (5m). Information obtained under this subdivision shall remain confidential.
46.90(6)(b)7.
7. To the guardian of the elder person or the guardian of any person named in a report who is suspected of abusing or neglecting an elder person. These persons may inspect the report on the investigation, except that information identifying the person who initially reported the suspected abuse, material abuse, neglect or self-neglect may not be released.
46.90(6)(b)8.
8. To law enforcement officials in accordance with the policy developed under
sub. (3) (a).
46.90(6)(c)1.1. Any person, including the state or any political subdivision of the state, violating this subsection shall be liable to any person damaged as a result of the violation for such damages as may be proved, together with exemplary damages of not less than $100 nor more than $500 for each violation and such costs and reasonable actual attorney fees as may be incurred by the person damaged. A custodian of records incurs no liability under this subdivision for the release of records in accordance with this subsection while acting in good faith.
46.90(6)(c)2.
2. In any action brought under
subd. 1. in which the court determines that the violator acted in a manner that was knowing and wilful, the violator shall be liable for such damages as may be proved together with exemplary damages of not less than $500 nor more than $1,000 for each violation, together with costs and reasonable actual attorney fees as may be incurred. It is not a prerequisite to an action under this paragraph that the plaintiff suffer or be threatened with actual damages.
46.90(6)(c)3.
3. An individual may bring an action to enjoin any violation of this subsection or to compel compliance with this subsection, and may in the same action seek damages as provided in this paragraph. The individual may recover costs and reasonable actual attorney fees as may be incurred in the action, if he or she prevails.
46.90(6)(d)
(d) Any person who requests or obtains confidential information under this subsection under false pretenses may be fined not more than $500 or imprisoned not more than one year in the county jail or both.
46.90(6)(e)
(e) Any employe who violates this subsection may be subject to discharge or suspension without pay.
46.90(7)
(7) Exception. Nothing in this section shall be construed to mean that a person is abused, neglected or in need of direct or protective services solely because he or she consistently relies upon treatment by spiritual means through prayer for healing in accordance with his or her religious tradition.
46.90(8)(a)(a) The department shall develop a plan to assist county agencies in determining appropriate responses to reports of abuse, material abuse, neglect or self-neglect.
46.90(8)(b)
(b) The department shall prepare and distribute sample report forms for use by county agencies.
46.90(8)(c)
(c) The department shall collect statistical information from each county pertaining to each reported case of abuse, material abuse, neglect or self-neglect. The department may require investigators to submit statements to the department that summarize the information being reported. These summary statements may not name or otherwise identify individual persons. The department shall use this information to review the effectiveness of this section, to plan program changes and to formulate reports.
46.90(8)(d)
(d) The department shall develop and disseminate information on elder abuse and the elder abuse reporting system under this section. The department shall also develop informational materials to be used by county agencies regarding elder abuse and the elder abuse reporting system. The department shall solicit contributions of labor, materials and expertise from private sources to assist in developing the informational materials.
46.93
46.93
Adolescent pregnancy prevention programs and pregnancy services. 46.93(1)
(1)
Legislative findings. The legislature finds that the 1,100,000 annual unintended or unwanted adolescent pregnancies in the United States, as estimated by the federal national center for health statistics, is a tragic and undesirable consequence of complex societal problems. The legislature recognizes that there is a lack of adequate health care, education, counseling and vocational training for adolescents which may provide positive options to adolescents in the area of pregnancy and parenting. To reduce the incidence, and adverse consequences, of adolescent pregnancy, the legislature finds that adolescent pregnancy prevention programs and pregnancy services are essential to encourage and implement community programs which address the complex societal problems facing adolescents and provide positive options to adolescent pregnancy.
46.93(1m)(a)
(a) "Adolescent" means a person under the age of 18 years.
46.93(1m)(b)
(b) "Board" means the adolescent pregnancy prevention and pregnancy services board under
s. 15.195 (5).
46.93(1m)(c)
(c) "Nonprofit corporation" means a nonstock, nonprofit corporation organized under
ch. 181.
46.93(1m)(d)
(d) "Organization" means a nonprofit corporation or a public agency which provides or proposes to provide adolescent pregnancy prevention programs or pregnancy services or both.
46.93(1m)(e)
(e) "Public agency" means a county, city, village, town or school district or an agency of this state or of a county, city, village, town or school district.
46.93(2)
(2) Purpose; allocation. From the appropriation under
s. 20.434 (1) (b), the board shall award not more than $566,300 in fiscal year 1995-96 and not more than $439,300 in fiscal year 1996-97 for grants to organizations to provide adolescent pregnancy prevention programs or pregnancy services that include health care, education, counseling and vocational training. Types of services and programs that are eligible for grants include all of the following:
46.93(2)(a)
(a) Adolescent health clinics located in schools.
46.93(2)(b)
(b) A statewide communications media campaign to discourage adolescent sexual activity and encourage the assumption of responsibility by adolescents, including male adolescent responsibility, for their sexual activity and for parenting.
46.93(2)(d)
(d) Residential facilities for pregnant adolescents.
46.93(2)(e)
(e) Adult role model programs for adolescents.
46.93(2m)(a)(a) Each organization that receives a grant under this section shall provide matching funds equal to 20% of the grant amount awarded. The match may be in the form of money or in-kind services or both, but any moneys used by an organization toward a match may not include moneys received from the state government.
46.93(2m)(b)
(b) Each grant application shall include proof of the organization's ability to comply with
par. (a). Any proposed match under
par. (a) that includes in-kind services is subject to the approval of the board.
46.93(3)
(3) Staff and salaries. The salaries of the board staff and all actual and necessary operating expenses of the board shall be paid from the appropriation under
s. 20.434 (1) (a).
46.93(3m)
(3m) Limitations on grant award and use. The board in awarding grants under
sub. (2) may not disapprove an application from an applying organization solely because the applying organization has a religious affiliation. The following activities are prohibited under any grant award under
sub. (2):
46.93(3m)(c)
(c) The existence of restrictions, based on religion or absence of religion, on persons applying for or receiving services under the grant.
46.93(3m)(d)
(d) The supplying or promotion of written material that has a religious context.
46.93(4)
(4) Prohibited uses of funds. Funds received by an organization under a grant awarded under this section may not be used for any of the following:
46.93(4)(a)
(a) Purchasing or dispensing contraceptives in adolescent health clinics located in schools.
46.93(4)(c)
(c) Advertising abortion services in a statewide communications media campaign.
46.93 AnnotationConstitutionality of administration of grant monies by board discussed.
76 Atty. Gen. 233.
46.935
46.935
Comprehensive community-based adolescent demonstration projects. 46.935(1)(a)
(a) "Adolescent" means an individual who has attained the age of 11 years but has not attained the age of 20 years.
46.935(1)(b)
(b) "Board" means the adolescent pregnancy prevention and pregnancy services board under
s. 15.195 (5).
46.935(1)(c)
(c) "Community" means the specific geographical area within the state in which a demonstration project operates.
46.935(1)(d)
(d) "Demonstration project" means a comprehensive community-based project funded under this section in which an organization provides to adolescents and parents of adolescents comprehensive educational programs and services as follows:
46.935(1)(d)1.
1. Comprehensive educational programs including health education, pregnancy prevention education and parenting education.
46.935(1)(d)2.
2. Comprehensive educational programs and services including family communication skills training, substance abuse, mental health, academic support, financial, social, legal, vocational training, family planning, child care and care coordination services.
46.935(1)(e)
(e) "Nonprofit corporation" means a nonstock, nonprofit corporation organized under
ch. 181.
46.935(1)(f)
(f) "Organization" means a nonprofit corporation, a proprietary agency or a public agency that administers or proposes to administer a demonstration project.
46.935(1)(g)
(g) "Pregnancy prevention education" includes educational programs that promote abstinence from sexual activity, self-esteem, decision-making skills, respect for others, responsible behavior and success skills, and the development of support groups to discourage sexual activity.
46.935(1)(gm)
(gm) "Proprietary agency" means an organization or enterprise that is operated on a for-profit or cooperative basis, including a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, cooperative or association.
46.935(1)(h)
(h) "Public agency" means a county, city, village or town or an agency of this state or of a county, city, village or town.
46.935(2)
(2) Duties of the board. The board shall:
46.935(2)(a)1.1. Require an organization that provides services under a demonstration project to have a written policy that specifies how the organization plans to maximize parental involvement in the planning, implementation and evaluation of the demonstration project.
46.935(2)(a)2.
2. Require an organization that provides services under a demonstration project to have a written policy that requires, notwithstanding
ss. 51.14,
51.47 and
252.11, the organization to obtain the consent of a parent, guardian or legal custodian of an adolescent who has not attained the age of 18 years before providing a service for that adolescent.
46.935(2)(a)3.
3. Provide a plan for awarding grants to organizations to enable them to administer demonstration projects. The plan shall assure that organizations from both urban and rural communities and from all geographic areas of the state have an equal opportunity to receive grants under this section.
46.935(2)(b)
(b) No later than May 1 annually, prepare and transmit to the governor, to the secretary and to the chief clerk of each house of the legislature, for distribution under
s. 13.172 (2), a report specifying the results of the board's activities under this section and making recommendations on changes needed in state programs, policies, statutes, rules and budgets to improve coordination of educational programs and services for adolescents and parents of adolescents at the state and local levels. The report shall include a description of the educational programs and services provided by the organizations that are awarded grants under
sub. (5) that specifies the name and location of each grantee, the amounts provided as grants, the educational programs and services provided by each grantee, the number of persons who participated in the educational programs or who were served by each grantee and an evaluation of the effectiveness of each grantee according to the indicators developed by the board under
par. (c).
46.935(2)(c)
(c) Provide and publicize criteria for grant applications. The criteria shall include indicators of the level of need in the community to be educated and served by the applicant, the applicant's ability to provide comprehensive community-based educational programs and services for adolescents and parents of adolescents and the applicant's responsiveness to the community that it serves.
46.935(2)(d)
(d) Provide technical assistance and training for organizations that are awarded grants under
sub. (5).
46.935(2)(e)
(e) Monitor and evaluate the services provided by organizations that are awarded grants under
sub. (5) and include the evaluation in the report prepared under
par. (b).
46.935(3)
(3) Eligibility for grants. In addition to any other criteria for grant applications developed by the board under
sub. (2) (c), the board may not award a grant to an organization unless that organization meets all of the following minimum criteria for grant eligibility:
46.935(3)(a)
(a) The organization operates in a specific geographical area within the state.
46.935(3)(b)
(b) The majority of the staff that will be funded under this section resides in the specific geographical area in which the organization operates.
46.935(3)(d)
(d) The organization has submitted to the board a description of the educational programs and services for adolescents and parents of adolescents that have been developed by the organization.
46.935(5)(a)(a) From the appropriation under
s. 20.434 (1) (b), the board shall award grants to organizations that are selected by the board to participate in demonstration projects. In selecting grant recipients, the board shall give preference to organizations that serve high-need communities, that are best able to coordinate and deliver educational programs and services for adolescents and parents of adolescents and that are most responsive to the needs of the community, according to the eligibility criteria under
sub. (3) and any other criteria developed by the board under
sub. (2) (c).
46.935(5)(b)
(b) The board shall establish request-for-proposal procedures and select grant recipients in accordance with those procedures.
46.935(5)(e)
(e) Each organization that receives a grant under this section shall provide matching funds equal to 25% of the grant amount awarded. The match may be in the form of money or in-kind services or both, but any moneys used by an organization toward a match may not include moneys received from the state government.
46.935(5)(f)
(f) Each grant application shall include proof of the organization's ability to comply with
par. (e). Any proposed match under
par. (e) that includes in-kind services is subject to the approval of the department.
46.935(5)(g)
(g) In each of fiscal years 1991-92 and 1992-93, the board shall select up to 2 organizations to receive grants and shall award up to $66,000 to each organization selected.
46.935(5)(j)
(j) An organization that is awarded a grant under this section shall have a written policy that:
46.935(5)(j)1.
1. Specifies how the organization plans to maximize parental involvement in the planning and implementation of the demonstration project.
46.935(5)(j)2.
2. Requires the organization, notwithstanding
ss. 51.14,
51.47 and
252.11, to obtain the consent of a parent, guardian or legal custodian of an adolescent who has not attained the age of 18 years before providing an educational program or service for that adolescent.
46.935(5)(k)
(k) An organization that is awarded a grant under this section shall use the funds awarded and the matching funds provided by that organization only for salaries, fringe benefits and other expenses associated with staffing the demonstration project and for other costs necessarily incurred in developing and implementing the demonstration project.
46.935(5)(L)
(L) Any organization receiving a grant under this section that operates in violation of
pars. (e) or
(k) shall return to the board all funds previously granted to the organization under this section and shall be ineligible to receive any other grant from this state for 5 years from the date of discovery by the board of the unauthorized use of the funds. The board may request the attorney general to bring an action in any court of competent jurisdiction to collect any funds owed to the board under this paragraph.
46.935(6)
(6) Sunset. This section does not apply after June 30, 1996.
46.935 History
History: 1991 a. 39,
269;
1993 a. 16,
27.
