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(1)(d)
(d) If the department receives any federal moneys under
42 USC 1396 to
1396v in reimbursement of the cost of preventing out-of-home placements of children, the department shall use those moneys as the first source of moneys used to meet the amount of the allocation under
sub. (2) that is budgeted from federal funds.
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 $242,078,700 in each fiscal year.
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 $5,089,800 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. 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(9)(d)
(d)
Payment adjustments for certain Medical Assistance services. The department may decrease a county's allocation under
sub. (2) by the amount of any payment adjustments under
s. 49.45 (52) made for that county from the appropriation account under
s. 20.435 (7) (b). The total amount of the decrease for a county under this paragraph during any fiscal year may not exceed that part of the county's allocation under
sub. (2) that derives from the appropriation account under
s. 20.435 (7) (b) for that 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;
1999 a. 9,
185;
2001 a. 16;
2003 a. 33,
318.
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) Subject to
par. (am), 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)(am)
(am) If on December 31 of any year a county is not using the centralized unit contracted for under
s. 46.03 (7) (h) for determining whether the cost of providing care for a child is eligible for reimbursement under
42 USC 670 to
679a, the department shall reduce that county's distribution under
par. (a) by 50%.
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, not including the amount allocated to the county under
s. 46.40 (7), which amount may be carried forward as provided in
par. (c). 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. Other funds carried forward under this paragraph may be used for any purpose under
s. 20.435 (7) (b), except that a county may not use any funds carried forward under this paragraph for administrative or staff costs. An allocation of carried-forward funding under this paragraph does not affect a county's base allocations under
s. 46.40 (2),
(2m),
(8), and
(9).
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(3)(c)
(c) At the request of a county, the department shall carry forward up to 5% of the amount allocated to the county under
s. 46.40 (7) for a calendar year. All funds carried forward under this paragraph shall be used for the purpose for which the funds were originally allocated, except that a county may not use any of those funds for administrative or staff costs. All funds carried forward under this paragraph that are not spent or encumbered by a county by December 31 of the calendar year to which those funds were carried forward shall lapse to the general fund on the succeeding January 1. An allocation of carried-forward funding under this paragraph does not affect a county's base allocation under
s. 46.40 (7).
46.45(6)(a)(a) The department may carry forward 10% of any funds specified in
sub. (3) (a) that are not carried forward under
sub. (3) (a) for emergencies, for justifiable unit services costs above planned levels, and for increased costs due to population shifts. An allocation of carried-forward funding under this paragraph does not affect a county's base allocations under
s. 46.40 (2),
(2m),
(8), and
(9).
46.45(6)(b)
(b) The department may carry forward any funds specified in
sub. (3) (c) that are not carried forward under
sub. (3) (c) for emergencies, for justifiable unit services costs above planned levels, and for increased costs due to population shifts. An allocation of carried-forward funding under this paragraph does not affect a county's base allocation under
s. 46.40 (7).
46.46
46.46
Expenditure of income augmentation services receipts. 46.46(1)(1) From the appropriation account under
s. 20.435 (8) (mb), the department shall support costs that are exclusively related to the ongoing and recurring operational costs of augmenting the amount of moneys received under
42 USC 670 to
679a,
42 USC 1395 to
1395ddd, and
42 USC 1396 to
1396v, to the purposes specified in
2003 Wisconsin Act 33, section 9124 (9c), and to any other purpose provided for by the legislature by law or in budget determinations and shall distribute moneys to counties as provided in
sub. (1g). In addition, the department may expend moneys from the appropriation account under
s. 20.435 (8) (mb) as provided in
subs. (1m) and
(2).
Effective date note
NOTE: Sub. (1) is amended eff. 7-1-05 by
2003 Wis. Act 33 to read:
Effective date text
(1) From the appropriation account under s. 20.435 (8) (mb), the department shall support costs that are exclusively related to the ongoing and recurring operational costs of augmenting the amount of moneys received under 42 USC 670 to 679a, 42 USC 1395 to 1395ddd, and 42 USC 1396 to 1396v and to any other purpose provided for by the legislature by law or in budget determinations and shall distribute moneys to counties as provided in sub. (1g). In addition, the department may expend moneys from the appropriation account under s. 20.435 (8) (mb) as provided in subs. (1m) and (2).
46.46(1g)
(1g) The department shall distribute not less than 50% of the moneys received under
42 USC 1396 to
1396v as a result of the augmentation activities specified in
sub. (1) and credited to the appropriation account under
s. 20.435 (8) (mb) to counties that are participating in those activities for community social, mental health, developmental disabilities, and alcohol and other drug abuse services under
s. 46.40. The department may distribute any moneys received under
42 USC 1396 to
1396v as a result of the augmentation activities specified in
sub. (1) and credited to the appropriation account under
s. 20.435 (8) (mb) that are not distributed under this subsection to counties that are participating in those activities as provided in
sub. (2).
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. and to provide services to children and families under
s. 48.48 (17).
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 purposes specified in
subs. (1),
(1g), and
(1m), 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(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(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(29)
(29) ARC Community Services, Inc. The department shall distribute $175,000 in each fiscal year 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(30)
(30) Substance abuse treatment grants. 46.48(30)(a)(a) From the appropriation under
s. 20.435 (7) (bc), the department shall distribute grants on a competitive basis to county departments of social services and to private nonprofit organizations, as defined in
s. 103.21 (2), for the provision of alcohol and other drug abuse treatment services in counties with a population of 500,000 or more. Grants distributed under this subsection may be used only to provide treatment for alcohol and other drug abuse to individuals who are eligible for federal temporary assistance for needy families under
42 USC 601 et. seq. and who have a family income of not more than 200% of the poverty line, as defined in
s. 49.001 (5).
46.48(30)(b)
(b) Notwithstanding
par. (a), the department may distribute grants under
par. (a) only to the extent that the distribution meets the maintenance-of-effort requirement under the federal temporary assistance for needy families program under
42 USC 601 et. seq.
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;
1999 a. 9;
2001 a. 16;
2003 a. 33.
46.481
46.481
Grants for children's community programs. From the appropriation under
s. 20.435 (3) (bc), the department shall distribute the following grants for children's community programs:
46.481(1)
(1) Foster care placement continuation. 46.481(1)(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.
46.481(1)(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.
46.481(3)
(3) Grants to runaway programs. The department shall distribute $50,000 in each fiscal year as grants to programs that provide services for runaway children.
46.481 History
History: 1999 a. 9,
149;
2003 a. 33.
46.485
46.485
Mental health services for severely emotionally disturbed children. 46.485(2g)
(2g) From the appropriation accounts under
s. 20.435 (4) (b) and
(gp), 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:
