46.30(2)(b)3.
3. Any entity designated by the community services administration as a community action agency under
42 USC 2790 to
2797, in effect on August 1, 1981, for federal fiscal year 1981, unless the agency lost its designation. Any such entity is deemed to meet the conditions under
par. (a) 1.
46.30(2)(c)
(c) The approval of a community action agency may be rescinded but only if there is good cause and if the decision to rescind is made by both the legislative body of the county, city, village or town that granted the approval and the secretary. At least 90 days before rescinding approval, the legislative body or secretary shall notify the community action agency of its reasons for the action and hold a public hearing in the community concerning the action.
46.30(3)(a)(a) A community action agency shall do all of the following:
46.30(3)(a)1.
1. Administer funds received under
sub. (4) and funds from other sources provided to support a community action program.
46.30(3)(a)2.
2. Set personnel, program and fiscal policies. Each community action agency shall set policies and procedures governing employee compensation and employment qualifications for itself and its agents. These policies and procedures shall ensure that employment practices are impartial and are designed to employ only competent persons, and shall guard against personal or financial conflicts of interest. Each community action agency shall also define the duties of its employees regarding advocacy on behalf of poor persons.
46.30(3)(a)3.
3. Involve, to the greatest extent practicable, poor persons in developing and implementing programs in order to ensure that these programs:
46.30(3)(a)3.a.
a. Will stimulate the capabilities of these persons for self-advancement.
46.30(3)(a)3.b.
b. Will be meaningful to and widely utilized by these persons.
46.30(3)(a)4.
4. Allow poor persons to influence the character of programs operated by the community action agency.
46.30(3)(a)5.
5. Involve members of the community in planning, conducting and evaluating its programs.
46.30(3)(a)6.
6. Conduct its program in a manner free of discrimination based on political affiliation and of personal or familial favoritism. Each community action agency shall establish policies and procedures to carry out this requirement and to hold staff members accountable for complying with matters governed by this section and by other state or federal laws, rules or regulations.
46.30(3)(a)7.
7. Release any record of the community action agency for examination or copying upon request, unless disclosure would constitute an unwarranted invasion of an individual's privacy. Each community action agency shall require its agents to make their records similarly available. Each community action agency shall hold public hearings on request to provide information and to receive comments about its activities.
46.30(3)(a)8.
8. Appoint a representative or representatives to the citizen advisory committee under
s. 46.031 (3) (a), in order to participate in developing and implementing programs designed to serve the poor.
46.30(3)(b)3.
3. Create a community action program. If the community action agency creates a program, it shall plan, coordinate, administer and evaluate the program. A community action program may include provisions that will help poor persons:
46.30(3)(b)3.d.
d. Obtain and maintain adequate housing and a suitable living environment.
46.30(3)(b)3.f.
f. Obtain emergency assistance. Through its program, the community action agency may provide emergency supplies or services to meet basic needs.
46.30(3)(b)4.
4. Create methods by which poor persons can work with private groups to solve common problems.
46.30(3)(b)5.
5. Research the causes of and problems created by poverty in the community.
46.30(3)(b)6.
6. Determine if programs to reduce poverty are working effectively.
46.30(3)(b)7.
7. Initiate and sponsor projects to aid poor persons that provide otherwise unavailable services.
46.30(3)(b)8.
8. Transmit information between public and private organizations and otherwise coordinate the provision of public and private social services programs to eliminate overlap and ensure effective delivery of the programs.
46.30(3)(b)9.
9. Contract with other persons to perform the community action agency's functions. The community action agency may delegate responsibility for funding or administering its programs or for making policy determinations concerning a particular geographic area of the community it serves only if poor persons represent at least one-third of the members of the governing body of the agent being delegated this responsibility.
46.30(3)(b)10.
10. Apply for funds from various sources to support a community action program.
46.30(4)(b)
(b) The department shall allocate at least 90% of the funds received under
42 USC 9903 to community action agencies and organizations.
46.30(4)(c)
(c) The department may not allocate more than 5% of the funds received under
42 USC 9903 for state administrative expenses.
46.30(4)(d)
(d) Before January 1 of each year the department shall contract with each agency and organization being funded, specifying the amount of money the organization will receive under this section and the activities to be carried out by the organization.
46.30(5)
(5) City, village or town assistance. A city, village or town may appropriate funds for promoting and assisting a community action agency.
46.33
46.33
Employee counseling referral programs. The department may provide technical assistance to municipalities, counties, school districts and private employers for referral programs for employee counseling. The department may charge fees to cover the costs of these services.
46.33 History
History: 1989 a. 31.
46.34
46.34
Emission standards for hazardous air contaminants. The department may assist the department of natural resources in the development of emission standards for hazardous air contaminants under
s. 285.27 (2) (b).
46.34 History
History: 1993 a. 16;
1995 a. 227.
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 sewerage 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 any dwelling or other units located on the railroad-owned and state-owned property adjacent to this area.
46.37 History
History: 1973 c. 90 s.
560 (3);
2001 a. 103.
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 (3) (o) and
(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),
(2m), and
(7) to
(9).
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 and for the purposes specified in
s. 46.46.
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 670 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. Subject to
sub. (9), for social services under
s. 46.495 (1) (d) and services under
s. 51.423 (2), the department shall distribute not more than $244,745,200 for fiscal year 2001-02 and $244,703,400 for fiscal year 2002-03.
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 $9,735,700 in each fiscal year.
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 $4,589,800 in fiscal year 2001-02 and not more than $5,089,800 in fiscal year 2002-03 and in each fiscal year thereafter.
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. Subject to
sub. (9), for services to persons with Alzheimer's disease and their caregivers under
s. 46.87, the department shall distribute not more than $2,342,800 in each fiscal year.
46.40(9)
(9) Transfer or adjustment of community aids allocations. 46.40(9)(a)(a)
Transfer to family care program and adult protective services allocation. If a care management organization under
s. 46.284 is available in a county, the department may dispose of not more than 21.3% of the amount allocated under
sub. (2) to that county as follows; and, of the amount allocated under
sub. (8), may dispose of the lesser of up to 60% or the amount remaining after subtracting an amount necessary to maintain funding for recipients under
sub. (8) who, on September 1, 2001, are ineligible for the family care benefit under
s. 46.286, to that county, as follows:
46.40(9)(a)1.
1. By transferring a portion of those amounts, as determined by the department, to the family care program to fund the services of resource centers under
s. 46.283 (5) and the services of care management organizations under
s. 46.284 (4).
46.40(9)(a)2.
2. By transferring a portion of those amounts, as determined by the department, to the county's adult protective services allocation under
par. (b).
46.40(9)(b)
(b)
Adult protective services allocation. For adult protective services, the department shall distribute the amounts transferred under
par. (a) 2. in each fiscal year.
46.40(9)(c)
(c)
Adjustment for medical assistance buy-in program. If a former recipient of services funded under the allocation under
sub. (2) is a participant in the medical assistance buy-in program under
s. 49.472, the department may decrease that allocation by the amount that the department estimates it will incur in providing services to that participant under
s. 49.472.
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;
1999 a. 9,
185;
2001 a. 16.
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 that are making a good faith effort, as determined by the department, to comply with
s. 46.22 (1) (c) 8. f. 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, except that in the calendar year in which a county achieves compliance with
s. 46.22 (1) (c) 8. f. and in the 2 calendar years after that calendar year the county may use 100% of the moneys distributed under this paragraph to reimburse the department for the costs of achieving that compliance. If a county does not comply with
s. 46.22 (1) (c) 8. f. before July 1, 2005, the department may recover any amounts distributed to that county under this paragraph after June 30, 2001, by billing the county or deducting from that county's allocation under
s. 46.40 (2). All moneys received by the department under this paragraph shall be credited to the appropriation account under
s. 20.435 (3) (j).
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(1m)
(1m) In addition to expending moneys from the appropriation account under
s. 20.435 (8) (mb) for the augmentation activities specified in
sub. (1), the department may expend moneys received under
42 USC 1396 to
1396v in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under
42 USC 670 to
679a and credited to the appropriation account under
s. 20.435 (8) (mb) to support the counties' share of implementing the statewide automated child welfare information system under
s. 46.22 (1) (c) 8. f.
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 by September 1 of the fiscal year after the fiscal year in which those moneys were received. If the secretary of administration approves the plan, he or she shall submit the plan to the joint committee on finance by October 1 of the fiscal year after the fiscal year in which those moneys were received. 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.
46.48
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(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 $80,000 in each fiscal year to the career youth development center in the city of Milwaukee for the operation of a minority youth substance abuse treatment program.
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.
