46.90(9)(d)
(d) Any person who violates
sub. (4) (b) 1. may be fined not more than $10,000 or imprisoned for not more than 6 months or both.
46.90(9)(e)
(e) Whoever intentionally violates
sub. (4) (ad) by failure to report as required may be fined not more than $500 or imprisoned not more than 6 months or both.
46.90 Annotation
Abuse and Neglect in Long-term Care Facilities: The Civil Justice System's Response. Studinski. Wis. Law. Aug. 2004.
46.90 Annotation
Preventing Abuse and Neglect in Health Care Settings: The Regulatory Agency's Responsibility. Dawson. Wis. Law. Aug. 2004.
46.90 Annotation
Seeking Justice in Death's Waiting Room: Barriers to Effectively Prosecuting Crime in Long-term Care Facilities. Hanrahan. Wis. Law. Aug. 2004.
46.90 Annotation
A Response: Issues Affecting Long-term Care. Purtell. Wis. Law. Oct. 2004.
46.95
46.95
Domestic abuse grants. 46.95(1)
(1)
Definitions. In this section:
46.95(1)(a)
(a) "Domestic abuse" means physical abuse, including a violation of
s. 940.225 (1),
(2) or
(3), or any threat of physical abuse between adult family or adult household members, by a minor family or minor household member against an adult family or adult household member, by an adult against his or her adult former spouse or by an adult against an adult with whom the person has a child in common.
46.95(1)(b)
(b) "Family member" means a spouse, a parent, a child or a person related by blood or adoption to another person.
46.95(1)(c)
(c) "Household member" means a person currently or formerly residing in a place of abode with another person.
46.95(1)(d)
(d) "Organization" means a nonprofit corporation, a public agency or a federally recognized American Indian tribe or band that provides or proposes to provide any of the following domestic abuse services:
46.95(1)(d)1.
1. Shelter facilities or private home shelter care.
46.95(2)(a)(a) The secretary shall make grants from the appropriations under
s. 20.435 (3) (cd) and
(hh) to organizations for the provision of any of the services specified in
sub. (1) (d). Grants may be made to organizations which have provided those domestic abuse services in the past or to organizations which propose to provide those services in the future. No grant may be made to fund services for child or unborn child abuse or abuse of elderly persons.
46.95(2)(b)
(b) In reviewing applications for grants, the department shall consider:
46.95(2)(b)1.
1. The need for domestic abuse services in the specific community in which the applicant provides services or proposes to provide services.
46.95(2)(b)2.
2. Coordination of the organization's services with other resources in the community and the state.
46.95(2)(b)3.
3. The need for domestic abuse services in the areas of the state served by each health systems agency, as defined in s.
140.83 (1), 1985 stats.
46.95(2)(b)5.
5. Maintenance of effort, by a city, village, town or county.
46.95(2)(c)
(c) No grant may be made to an organization which provides or will provide shelter facilities unless the department of commerce determines that the physical plant of the facility will not be dangerous to the health or safety of the residents when the facility is in operation. No grant may be given to an organization which provides or will provide shelter facilities or private home shelter care unless the organization ensures that the following services will be provided either by that organization or by another organization, person or agency:
46.95(2)(c)5.
5. Arrangements for education of school-age children.
46.95(2)(d)
(d) An organization that receives a grant under this section shall provide matching funds or in-kind contributions that are equal to 25 percent of the amount of the grant. The department shall establish guidelines regarding which contributions qualify as in-kind contributions.
46.95(2)(e)
(e) In funding new domestic abuse services, the department shall give preference to services in areas of the state where these services are not otherwise available.
46.95(2)(f)1.
1. Award $545,000 in grants in fiscal year 1997-98 and $995,000 in grants in each fiscal year thereafter to organizations for domestic abuse services that are targeted to children. In awarding the grants, the department shall use a competitive request-for-proposals process and, to the extent possible, shall ensure that the grants are equally distributed on a statewide basis.
46.95(2)(f)5.
5. Expend $20,700 each fiscal year to contract with a nonstate agency to do all of the following:
46.95(2)(f)5.a.
a. Act as liaison among local, state, federal and private housing agencies.
46.95(2)(f)5.c.
c. Coordinate and disseminate information on job training programs.
46.95(2)(f)5.d.
d. Circulate information on successful transitional living programs.
46.95(2)(f)6.
6. Expend $69,700 each fiscal year to provide ongoing training and technical assistance to do all of the following:
46.95(2)(f)6.a.
a. Educate organizations and advocates for victims of domestic abuse about the judicial system.
46.95(2)(f)7.
7. Award grants in each fiscal year to organizations to enhance support services. Funding may be used for such purposes as case management; children's programming; assisting victims of domestic abuse to find employment; and training in and activities promoting self-sufficiency.
46.95(2)(f)8.
8. Award grants in each fiscal year to organizations for domestic abuse services for individuals who are members of underserved populations, including racial minority group members and individuals with mental illness or developmental disabilities.
46.95(2)(f)9.
9. Award a grant in each fiscal year to the Wisconsin Coalition Against Domestic Violence toward the cost of a staff person to provide assistance in obtaining legal services to domestic abuse victims.
46.95(2)(f)10.
10. Award a grant of $563,500 in each fiscal year to the Refugee Family Strengthening Project for providing domestic abuse services to the refugee population. Funding may be used to hire bilingual staff persons, especially those who speak Hmong.
46.95(2m)
(2m) Reporting requirements. Any organization that receives a grant under this section shall report all of the following information to the department by February 15 annually:
46.95(2m)(a)
(a) The total expenditures that the organization made on domestic abuse services in the period for which the grant was provided.
46.95(2m)(b)
(b) The expenditures specified in
par. (a) by general category of domestic abuse services provided.
46.95(2m)(c)
(c) The number of persons served in the period for which the grant was provided by general type of domestic abuse service.
46.95(2m)(d)
(d) The number of persons who were in need of domestic abuse services in the period for which the grant was provided but who did not receive the domestic abuse services that they needed.
46.95(3)
(3) Council on domestic abuse. The council on domestic abuse shall:
46.95(3)(a)
(a) Review applications for grants under this section and advise the secretary as to whether the applications should be approved or denied. The council shall consider the criteria under
sub. (2) (b) when reviewing the applications.
46.95(3)(b)
(b) Advise the secretary and the legislature on matters of domestic abuse policy.
46.95(3)(c)
(c) Develop with the judicial conference and provide without cost simplified forms for filing petitions for domestic abuse restraining orders and injunctions under
s. 813.12.
46.95(4)
(4) List of eligible organizations. The department shall certify to the elections board, on a continuous basis, a list containing the name and address of each organization that is eligible to receive grants under
sub. (2).
46.95 History
History: 1979 c. 111;
1979 c. 355 s.
241;
1981 c. 20 ss.
792c,
792m,
2202 (20) (s);
1983 a. 27 ss.
997m,
998,
2202 (20);
1983 a. 204;
1985 a. 29;
1987 a. 332,
399;
1989 a. 31;
1991 a. 39,
96;
1993 a. 16,
227,
246,
319,
491;
1995 a. 27 ss.
2337 to
2345,
9116 (5);
1997 a. 27,
292;
1999 a. 9,
162;
2005 a. 25,
278.
46.96
46.96
Independent living center grants. 46.96(1)(ah)
(ah) "Independent living center" means a community-based, nonresidential private nonprofit agency that vests power and authority in individuals with disabilities, that is designed and operated within a local community by individuals with disabilities and that provides an array of independent living services, including independent living core services, on a cross-disability basis.
46.96(1)(am)
(am) "Independent living core services" means information and referral services, independent living skills training, peer counseling and individual and systems advocacy.
46.96(1)(b)
(b) "Severely disabled individual" means any individual with a severe physical or mental impairment whose ability to function independently in his or her family or community or whose ability to obtain, maintain or advance in employment is substantially limited and for whom the delivery of independent living services will improve either his or her ability to function independently in his or her family or community or his or her ability to engage in employment.
46.96(2)
(2) The department shall make grants from the appropriations under
s. 20.435 (7) (c) or
(kc) to independent living centers for nonresidential services to severely disabled individuals.
46.96(3m)(a)(a) By July 1, 1994, an independent living center that receives funds under
sub. (2) shall comply with all of the following requirements:
46.96(3m)(a)1.
1. The independent living center shall have a board of directors that is the principal governing body of the independent living center.
46.96(3m)(a)2.
2. Severely disabled individuals shall be substantially involved in policy direction and management of the independent living center and shall be employed by the independent living center.
46.96(3m)(a)3.
3. The independent living center shall offer severely disabled individuals a combination of independent living services that includes, as appropriate, those services that assist severely disabled individuals to increase personal self-determination and to minimize unnecessary dependence upon others.
46.96(3m)(am)1.
1. Any independent living center that first receives funding under this section after June 21, 1996, shall comply with requirements that are specified under
29 USC 796f-4.
46.96(3m)(am)2.
2. Any independent living center that is receiving funding under this section on June 21, 1996, shall comply with requirements under
29 USC 796f-4 by July 1, 1998.
46.96(3m)(b)
(b) The department shall periodically review independent living centers and identify instances of noncompliance with the requirements of
par. (a), if any. If the department identifies an instance of noncompliance, the department shall direct the noncomplying independent living center to comply within a reasonable period of time, which may not be less than 60 days after the date of the directive.
46.972
46.972
Primary health for homeless individuals. 46.972(1)
(1) In this subsection, "primary health services" has the meaning given in
42 USC 254c (b) (1).
46.972(2)
(2) From the appropriation under
s. 20.435 (5) (ce), the department shall allocate up to $125,000 in each fiscal year as grants to applying public or nonprofit private entities for the costs of providing primary health services and any other services that may be funded by the program under
42 USC 256 to homeless individuals. Entities that receive funds allocated by the department under this paragraph shall provide the primary health services as required under
42 USC 256 (f). The department may allocate to an applying entity up to 100% of the amount of matching funds required under
42 USC 256 (e).
46.973
46.973
Drug dependence program. 46.973(1)(b)
(b) "Drug abuse" means the use of a drug in such a manner as to endanger the public health, safety or welfare.
46.973(1)(c)
(c) "Drug dependence" means a condition arising from the periodic or continuous use of a drug which may result in psychic or physical dependence which would affect or potentially affect the public health, safety or welfare.
46.973(2)
(2) A drug dependence and drug abuse program is established in the department. The secretary may develop and carry out programs concerned with education about and prevention of drug dependence and drug abuse, and programs concerned with treatment and rehabilitation of drug dependent persons and persons who abuse drugs. The secretary shall appoint a drug dependence program coordinator to handle liaison with other departments and agencies, including the state council on alcohol and other drug abuse. These programs may include, but are not limited to:
