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 each fiscal year.
46.40(3)
(3) Tribal child care. For child care services under
42 USC 9858, the department shall distribute not more than $412,800 in each fiscal year from the appropriation account under
s. 20.435 (7) (b) to federally recognized American Indian tribes or bands. A tribe or band that receives funding under this subsection shall use that funding to provide child care for an eligible child, as defined in
42 USC 9858n (4).
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, unborn child abuse 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, distributed under
s. 46.45 (2) (a) or carried forward under
s. 46.45 (3) (a). 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;
1997 a. 27,
35,
237,
292.
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(2)(a)(a) If on December 31 of any year there remains unspent or unencumbered in the allocation under
s. 46.40 (2) an amount that exceeds the amount received under
42 USC 670 to
679a and allocated under
s. 46.40 (2) in that year, the department shall carry forward the excess moneys and distribute not less than 50% of the excess moneys to counties having a population of less than 500,000 for services and projects to assist children and families, notwithstanding the percentage limit specified in
sub. (3) (a). A county shall use not less than 50% of the moneys distributed to the county under this subsection for services for children who are at risk of abuse or neglect to prevent the need for child abuse and neglect intervention services.
46.45(2)(b)
(b) A county may not use any moneys distributed under
par. (a) to supplant any other moneys expended by the county for services and projects to assist children and families in a base year determined by the department.
46.45(2)(c)
(c) The department shall credit to the appropriation account under
s. 20.435 (8) (mb) any moneys carried forward under
par. (a), but not distributed to counties, and may expend those moneys as provided in
s. 46.46.
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.
46.46
46.46
Expenditure of income augmentation services receipts. 46.46(2)
(2) If the department proposes to use any moneys from the appropriation account under
s. 20.435 (8) (mb) for any purpose other than the purpose specified in
sub. (1), the department shall submit a plan for the proposed use of those moneys to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit the plan to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan. 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 only with the approval of the committee.
46.46 History
History: 1997 a. 27,
86.
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 extended supervision or 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(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(27)
(27) Grants to runaway programs. The department shall distribute $100,000 as grants to programs that provide services for runaways.
46.48(28)
(28) Grants for court-appointed special advocates. The department shall distribute $50,000 in each fiscal year as grants to court-appointed special advocate programs that are recognized by a county board, by a county department under
s. 46.22 or
46.23 or, in a county having a population of 500,000 or more, by the department or a licensed child welfare agency under contract with the department to perform advocacy services in proceedings under
s. 48.13.
46.48(29)
(29) ARC Community Services, Inc. The department shall distribute $87,500 in fiscal year 1997-98 and $175,000 in fiscal year 1998-99 to ARC Community Services, Inc., for a program to provide substance abuse day treatment services for pregnant and postpartum women and their infants.
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;
1997 a. 27,
283.
46.485
46.485
Mental health services for severely emotionally disturbed children. 46.485(2g)
(2g) From the appropriation under
s. 20.435 (5) (b), the department may in each fiscal year transfer funds to the appropriation under
s. 20.435 (7) (kb) for distribution under this section and from the appropriation under
s. 20.435 (7) (mb) the department may not distribute more than $1,330,500 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:
46.485(3m)(a)
(a) Mental health care and treatment, other than care and treatment under
s. 51.35 (3), in an inpatient facility for children with severe emotional disturbances.
46.485(3m)(b)
(b) Community mental health services for children with severe emotional disturbances.
46.485(3r)
(3r) Funds that a county does not encumber before 24 months after June 30 of the fiscal year in which the funds were distributed under
sub. (2g) lapse to the appropriation under
s. 20.435 (5) (b).
46.485(4)
(4) The county receiving funds under
sub. (2g) is not liable for payment for any care and treatment of the type authorized to be paid under
sub. (3m) that is above the amount transferred under
sub. (2g) (intro.).
46.49
46.49
Allocation of federal funds for community aids and child welfare. 46.49(1)(1) Subject to
s. 46.40 (1) (b) and
(c), 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)(d)
(d) From the appropriations under
s. 20.435 (3) (o) and
(7) (b),
(kw) 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 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 under
par. (d) to match county funds are not claimed, the funds shall be redistributed for the purposes the department designates.
46.495(1)(f)2.
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.
46.50
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.
