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:
46.985(4)(b)
(b) Provide information about the program and other programs for disabled children to families in the service area.
46.985(4)(c)
(c) Implement the program in accordance with the program plan.
46.985(4)(d)
(d) Designate one of its employees as the coordinator for each participating family.
46.985(5)
(5) Family eligibility. A family is eligible to receive services and goods from the program if it meets all of the following requirements:
46.985(5)(a)
(a) The parent has a disabled child whom the parent wants to keep at home or return to the home from an institution or other out-of-home placement.
46.985(5)(b)
(b) The parent will be able to take care of the disabled child at home if financial, physical or other barriers are reduced or eliminated and adequate community support services are provided.
46.985(6)
(6) Application, assessment and service plan. 46.985(6)(a)(a) A parent shall apply for the program to the administering agency in the county in which the family resides. The administering agency shall determine whether the family is eligible according to
sub. (5) and the criteria promulgated under
sub. (2) (a) 5. and shall approve or disapprove each application within 30 days after its receipt.
46.985(6)(b)
(b) If the administering agency approves an application under
par. (a), it shall arrange for an assessment of the family's needs, except that an administering agency is not required to do an assessment if no program funds are available to provide services and goods to additional families. The assessment shall be performed in accordance with the procedures promulgated under
sub. (2) (a) 7. either by an employee of the administering agency or, under a contract, by a person who is knowledgeable about the disabled child's condition and the related needs of the family. The person conducting the assessment shall do all of the following:
46.985(6)(b)1.
1. Ensure that the family participates in the assessment to the greatest extent possible.
46.985(6)(b)2.
2. Involve other persons who are knowledgeable about the disabled child's condition and who can identify and assist the family in assessing the social, psychological and medical needs of all family members.
46.985(6)(b)3.
3. Identify services and goods that the family is currently receiving, other services and goods available to the family through public and private agencies, friends and relatives and services and goods that the family is not currently receiving which the parent needs to maintain the disabled child at home.
46.985(6)(b)4.
4. Identify the services and goods needed by the family that are available from publicly funded sources other than the program or from private sources, including friends and relatives.
46.985(6)(b)5.
5. Identify the services and goods needed by the family that are available for funding through the program.
46.985(6)(c)
(c) For each family whose application is approved, the administering agency shall develop a service plan within 60 days after receipt of the application. In developing the service plan, the administering agency shall ensure that the family members are the primary decision makers. Each service plan shall include all of the following:
46.985(6)(c)1.
1. A description of the needs of the family, based on the assessment under
par. (b).
46.985(6)(c)2.
2. A list of the services and goods the family receives that are provided through public or private funding sources other than the program.
46.985(6)(c)3.
3. A list of the services and goods that will be funded through the program, the estimated cost of each and an estimate of the length of time each one will need to be funded through the program.
46.985(6)(c)4.
4. A written participation agreement, which shall be signed by a parent and a representative of the administering agency, governing expenditure of program funds by or on behalf of the family.
46.985(6)(d)
(d) The administering agency shall review each service plan at least once every 6 months, or more often at a parent's request. The participation agreement under
par. (c) 4. may be amended by written agreement between the parent and the administering agency.
46.985(6)(e)
(e) The administering agency may approve funding for all or any part of the cost of any services and goods that have been identified as necessary in a family's service plan and which meet the criteria promulgated under
sub. (2) (a) 9.
46.985(6)(f)
(f) An administering agency may approve the expenditure of program funds for a family whose disabled child is 21 years of age or over only with the approval of the department in accordance with the rules promulgated under
sub. (2) (a) 11.
46.985(6)(g)
(g) Using the criteria promulgated under
sub. (2) (a) 8., the administering agency shall determine the amount that will be paid to or expended on behalf of each participating family for the services and goods approved under
par. (e). The amount that may be paid to or expended on behalf of a family may not exceed $3,000 in any 12-month period for each disabled child in the family, except that the department may, upon request by an administering agency, approve a greater amount for a specific family with exceptional needs.
46.985(6)(h)
(h) If an administering agency denies an application or if it terminates a family's participation agreement, it shall provide the parent with a written notice of that fact stating the reason for the denial or termination and shall refer the family to other available agencies and resources. A parent whose application is denied or whose participation agreement is terminated may file a request with the department for a hearing under
s. 227.42.
46.985(7)(a)(a) From the appropriations under
s. 20.435 (7) (b) and
(o), the department shall allocate to county departments funds for the administration and implementation of the program.
46.985(7)(b)
(b) Funds allocated under this subsection may not be used to replace any other state and federal funds or any county funds that are currently being provided to a family under any program.
46.985(7)(c)
(c) The total amount of a county department's allocation used to pay for staff salaries and other administrative costs associated with the program may not exceed 10% of the allocation.
46.986
46.986
Respite care program. 46.986(1)(a)
(a) "Abuse" means the willful infliction on a person of physical pain or injury or unreasonable confinement.
46.986(1)(b)
(b) "Caregiver" means an individual who lives in the home of a person with special needs and provides care or supervision for that person.
46.986(1)(d)
(d) "Neglect" means an act, omission or course of conduct that, because of the failure to provide adequate food, shelter, clothing, medical care or dental care, creates a significant danger to the physical and mental health of a person.
46.986(1)(e)
(e) "Provider" means an individual or agency that a caregiver selects, with input to the selection by the person with special needs, if competent, to provide respite care to the person with special needs.
46.986(1)(f)
(f) "Respite care" means care that is provided to a person with special needs, or a person at risk of abuse or neglect, in order to provide temporary relief to the caregiver of that person or when the caregiver is unable to provide care.
46.986(1)(g)
(g) "Special need" means a person's need resulting from an emotional, behavioral, cognitive, physical or personal condition that necessitates receipt of care or supervision in order to meet the person's basic needs or to prevent harm from occurring to him or her.
46.986(1)(h)
(h) "Tribe or band" means the governing body of a federally recognized American Indian tribe or band in this state.
46.986(2)(a)(a) From the appropriation account under
s. 20.435 (7) (br), the department shall contract for the administration of life-span respite care projects with an organization to which all of the following apply:
46.986(2)(a)1.
1. The organization is a private, nonprofit organization, as defined in
s. 108.02 (19), that is capable of operating on a statewide basis and has expertise in respite care issues.
46.986(2)(a)2.
2. At least 51% of the members of the organization's governing board are consumers of respite care or caregivers.
46.986(2)(a)3.
3. The membership of the organization's governing board includes providers and elected officials and represents the diverse geographical areas and cultural groups of the state.
46.986(2)(b)
(b) The organization with which the department contracts under
par. (a) shall do all of the following:
46.986(2)(b)1.
1. After consulting with the department, county departments, tribes or bands, providers and caregivers, prescribe criteria for the distribution of grants to conduct life-span respite care projects. The criteria shall include the requirement that grant funds be equally distributed among 5 administrative regions of the state, as prescribed by the department.
46.986(2)(b)2.
2. Solicit applications from and, using the criteria under
subd. 1., award in each state fiscal biennium up to one grant in each of the 5 administrative regions prescribed by the department to any of the following to conduct a life-span respite care project:
46.986(2)(b)2.d.
d. A community-based private entity that is operated for profit.
46.986(2)(b)3.
3. Require that the grantee contribute matching funds to the operation of the life-span respite care project in the following amounts:
