46.973(2m)(c)3.
3. The changes in the use and abuse of drugs noted by the facilities specified in
par. (a) (intro.) including those changes resulting from initiatives of the state council on alcohol and other drug abuse or other state agencies.
46.973(3)
(3) The department may accept, receive, administer and expend any money, material or other gifts or grants of any description for purposes related to those set forth in this section. Moneys and grants received under this section shall be deposited with the state treasurer and shall be credited to the department under
s. 20.435 (2) (i) and expended by the department or the state council on alcohol and other drug abuse for the purposes specified.
46.974
46.974
Joint alcohol and drug abuse prevention plan. The department in cooperation with the department of education shall prepare, and the secretary and the secretary of education shall approve, a coordinated plan for the development, testing and implementation of cooperative and integrated school-community alcohol and drug abuse prevention, intervention, treatment and rehabilitation services. The department and the department of education shall submit a report biennially to the legislature under
s. 13.172 (2) on the implementation of the plan.
Effective date note
NOTE: This section is shown as amended eff. 1-1-96 by
1995 Wis. Act 27 s.
9145 (1). 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
46.974 Joint alcohol and drug abuse prevention plan. The department in cooperation with the department of public instruction shall prepare, and the secretary and the superintendent of public instruction shall approve, a coordinated plan for the development, testing and implementation of cooperative and integrated school-community alcohol and drug abuse prevention, intervention, treatment and rehabilitation services. The department and the department of public instruction shall submit a report biennially to the legislature under s. 13.172 (2) on the implementation of the plan.
46.975
46.975
Grant and funding program; services related to alcohol and other drug abuse. 46.975(1)
(1)
Definition. In this section, "organization" means a nonprofit corporation or a public agency that proposes to provide services for individuals with alcohol or other drug abuse problems.
46.975(2)
(2) Distribution of funds. The department shall allocate funds for programs as follows:
46.975(2)(a)
(a) The department shall make grants to applying community-based organizations to provide in-home and community-based alcohol and other drug abuse intervention, treatment or family support services directed at low-income Hispanics and Black Americans in urban areas and make funds available to any of the federally recognized tribal governing bodies in this state to increase the capacity of reservations to provide outpatient, intervention, treatment or family support services for alcohol and other drug abusers.
46.975(2)(b)
(b) The department shall make a grant to an applying organization to implement an alcohol and other drug abuse treatment program which meets the special needs of women with alcohol or other drug abuse problems.
46.975(2)(c)
(c) The department shall make grants to applying organizations for the purpose of organizing community initiatives to combat alcohol and other drug abuse in youth.
46.975 History
History: 1987 a. 339.
46.976
46.976
Group home revolving loan fund. 46.976(1)
(1)
Definition. In this section, "nonprofit organization" has the meaning given in
s. 108.02 (19).
46.976(2)
(2) Distribution of loans. From the appropriation under
s. 20.435 (7) (ma), the department shall establish, and from the appropriation under
s. 20.435 (6) (gd), the department shall continue, a revolving fund to make 2-year loans of up to $4,000 each to applying nonprofit organizations for the costs of establishing programs to provide housing for groups of no fewer than 6 individuals who are recovering from alcohol or other drug abuse. The department may establish the terms of loans under this section, including interest rates, payment intervals and requirements for full repayment of principal and interest.
46.976(3)
(3) Nonapplicability. Chapter 138 does not apply to this section.
46.976(4)
(4) Rule making required. The department shall promulgate rules to implement this section and effectuate the purpose of
42 USC 300x-4a.
46.977
46.977
Guardianship grants. 46.977(2)(a)(a) Annually, prior to April 30, an organization may apply to the department for a grant under this section for the purpose of recruiting, training, monitoring and assisting guardians for persons determined to be incompetent under
ch. 880. By June 30, the department shall determine which organizations will receive a grant during the following fiscal year based on the criteria under
par. (c). No grant may be awarded unless the applicant provides matching funds equal to 10% of the amount of the award. The department shall make grants under this section from the appropriation under
s. 20.435 (7) (cg).
46.977(2)(b)
(b) Organizations awarded grants under this section shall do all of the following:
46.977(2)(b)1.
1. Recruit individuals or organizations to act as guardians for persons determined to be incompetent under
ch. 880.
46.977(2)(b)2.
2. Provide training for recruited guardians on their duties.
46.977(2)(b)3.
3. Monitor the performance of recruited guardians to ensure their compliance with their duties.
46.977(2)(b)4.
4. Provide assistance to recruited guardians in performing their duties.
46.977(2)(c)
(c) In reviewing applications for grants, the department shall consider all of the following:
46.977(2)(c)1.
1. The need for the recruitment, training, monitoring and assistance of guardians for persons in the community in which the applicant organization provides services.
46.977(2)(c)2.
2. The extent to which the proposed program will effectively recruit, train, monitor and assist guardians for persons determined to be incompetent under
ch. 880.
46.985
46.985
Family support program. 46.985(1)(a)
(a) "Administering agency" means a county department or a human service agency that administers the program under a contract with a county department.
46.985(1)(b)
(b) "Child" means a person under 24 years of age.
46.985(1)(d)
(d) "Disabled" means having a severe physical, emotional or mental impairment which is diagnosed medically, behaviorally or psychologically, which is characterized by the need for individually planned and coordinated care, treatment, vocational rehabilitation or other services and which has resulted or is likely to result in a substantial limitation on the ability to function in at least 3 of the following areas:
46.985(1)(e)
(e) "Family" means a group that lives together and that consists of at least one disabled child and his or her parent.
46.985(1)(f)
(f) "Parent" means a parent, guardian, legal custodian or a person acting in the place of a parent, but does not include a foster parent, treatment foster parent or any other paid care provider.
46.985(1)(g)
(g) "Program" means the family support program in a service area.
46.985(1)(h)
(h) "Service area" means a county or group of counties served by a county department.
46.985(2)
(2) Departmental powers and duties. In order to enable the parents of disabled children to care for their disabled children in their homes rather than placing the children in institutions or other out-of-home placements, thereby enhancing the quality of family life; to improve the availability and coordination of community services to families; and to increase the control of families over the types of services and goods provided to them, the department shall:
46.985(2)(a)
(a) After consulting with county departments under
ss. 46.215,
46.22,
46.23,
51.42 and
51.437, providers of educational programs and services to families and representatives of families, promulgate rules for implementing the program, including all of the following:
46.985(2)(a)1.
1. Criteria for participation in the family support program and application procedures for county departments.
46.985(2)(a)2.
2. Criteria by which county departments may determine priorities for available funding.
46.985(2)(a)3.
3. Methods for ensuring the accountability of the program in each service area.
46.985(2)(a)4.
4. Procedures for coordinating the family support program and the use of its funds, throughout this state and in each service area, with other publicly funded programs including the community options program under
s. 46.27; the community integration program under
ss. 46.275,
46.277 and
46.278; the social services, mental health and developmental disabilities programs under
ss. 46.495,
51.42 and
51.437; the independent living center program under
s. 46.96; and the medical assistance program under
subch. IV of ch. 49.
46.985(2)(a)5.
5. Criteria for determining family eligibility for the program, in addition to the requirements specified in
sub. (5).
46.985(2)(a)6.
6. Procedures for applying to an administering agency for family participation in the program.
46.985(2)(a)7.
7. Procedures for performing family needs assessments and developing service plans.
46.985(2)(a)8.
8. Criteria for determining a family's ability to bear the cost of the services and goods it needs which shall take into account the family's size, family income, the number of disabled children in the family and the medical and other expenses related to the exceptional needs of the disabled child.
46.985(2)(a)9.
9. Types of services and goods that may be approved for funding through the program.
46.985(2)(a)10.
10. Criteria for determining whether to provide a family with funding in excess of the amount specified in
sub. (6) (g).
46.985(2)(a)11.
11. Criteria for determining approval of funding for a family in which the disabled child is 21 years of age or over.
46.985(2)(b)
(b) Select participants from among the county departments that apply based on the criteria promulgated under
par. (a) 1. and on the availability of funding.
46.985(2)(c)
(c) Specify the required content of the annual county department program plan.
46.985(2)(d)
(d) Review and approve or disapprove each program plan submitted under
sub. (3) (c).
46.985(2)(e)
(e) Annually submit to the governor and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (3), a report on the family support program.
46.985(3)
(3) Duties of participating county departments. Each participating county department shall do all of the following:
46.985(3)(a)
(a) Appoint members to a family support advisory committee or appoint an existing committee in the service area as the family support advisory committee to assist in developing the program plan and to monitor the program. The committee shall include, but need not be limited to, the following members:
46.985(3)(a)1.
1. Parents of disabled children including, if possible, parents from families that participate in the program. To the maximum extent possible, the parents shall be representative of the various disability, racial and ethnic groups in the service area. The members specified under this subdivision shall constitute a majority of the membership of the committee.
46.985(3)(a)2.
2. Persons from the service area representing the county department under
s. 46.23,
51.42 or
51.437 and the county department under
s. 46.215 or
46.22, school districts and local health departments, as defined in
s. 250.01 (4). At least one of the committee members selected under this subdivision shall be a person providing community social services to disabled children or families eligible for the program.
46.985(3)(a)3.
3. Persons in the service area who provide social or educational services to disabled children other than the providers specified in
subd. 2.
46.985(3)(b)
(b) Cooperate with the committee appointed under
par. (a) to prepare a program plan. The program plan shall include all of the following:
46.985(3)(b)2.
2. The estimated number of families that will be assessed and served.
46.985(3)(b)3.
3. A list of specific groups, if any, that will be given priority for available funding.
46.985(3)(b)4.
4. A description of the outreach procedures that will be used to ensure that the program will be made available to children with physical, emotional and mental impairments.
46.985(3)(b)5.
5. The procedures that will be used to determine family needs.
46.985(3)(b)6.
6. A description of the methods that will be used for the development and monitoring of service plans and for coordinating the provision of services and goods to participating families.
46.985(3)(b)7.
7. A description of the methods that will be used to promote the creation of informal support and advocacy systems for families.
46.985(3)(b)8.
8. A description of the method that will be used to monitor the program.
46.985(3)(c)
(c) Submit the proposed program plan to the county board of supervisors in each county in the service area for review. After approval by the county board of supervisors in each county in which families are eligible to participate in the program, the county department shall submit the proposed program plan to the department.
46.985(3)(d)
(d) Administer the program or contract with a human service agency in the service area to administer the program within the limits of state and federal funds allocated under
sub. (7).
46.985(3)(e)
(e) In conjunction with the county department under
s. 46.215 or
46.22, if any, in the service area and with the administering agency, if it is not the county department under
s. 46.23,
51.42 or
51.437, coordinate the administration of the program with the administration of other publicly funded programs that serve disabled children.
46.985(3)(f)
(f) Submit all information and reports required by the department.
46.985(4)
(4) Duties of administering agencies. In addition to the duties specified under
sub. (6), each administering agency shall:
