Amendment ASA1-AB297

LRBs0101/1

GMM:kjf&jld:rs

2009 - 2010 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2009 ASSEMBLY BILL 297

August 19, 2009 - Offered by Committee on Children and Families.

AB297-ASA1,1,8 An Act to repeal 48.983 (1) (i) and (j) and 48.983 (3) (title) and (a); to renumber and amend 48.983 (3) (b) and 48.983 (8); to amend 48.983 (1) (b) 1. c., 48.983 (2), 48.983 (4) (a) 4m., 48.983 (4) (am), 48.983 (4) (b) 1., 48.983 (4) (b) 2. and 3., 48.983 (5), 48.983 (6) (intro.), 48.983 (6) (a) (intro.), 48.983 (6) (a) 1., 48.983 (6) (a) 3., 48.983 (6) (a) 6., 48.983 (6) (b) 4., 48.983 (6) (c), 48.983 (6g) (b) and 48.983 (8) (title); to repeal and recreate 48.983 (7) (c); and to create 48.983 (1) (gm), 48.983 (6) (f), 48.983 (7) (ag) and (ar) and 48.983 (8) (b) of the statutes; relating to: child abuse and neglect prevention grants.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Children and Families (DCF) administers the Child Abuse and Neglect Prevention Program under which DCF awards grants to no more than six rural counties, three urban counties, and two Indian tribes that offer voluntary home visitation services to first-time parents who are eligible for Medical Assistance (MA). Current law requires DCF to determine the amount of a grant awarded to a county or an Indian tribe in excess of the statutory minimum grant amount of $10,000 based on need, as determined by a formula that DCF is required to promulgate by rule, and requires that formula to determine need based on the number of births that are funded by MA in a county or a reservation of an Indian tribe and on the rate of poor birth outcomes, including infant mortality, premature births, low birth weights, and racial or ethnic disproportionality in the rate of those outcomes, in the county or reservation. For Milwaukee County, however, that formula must be based on 60 percent of the number of births that are funded by MA in that county and on the rate of poor birth outcomes in that county. Currently, a county or Indian tribe may use a grant to make payments totaling not less than $250 per year for the appropriate expenses of a family participating in the program. A county, other than Milwaukee County, or an Indian tribe may also use a grant to provide home visitation services for first-time parents who are eligible for MA and case management services for a family participating in the program.

This substitute amendment makes all of the following changes to the Child Abuse and Neglect Prevention Program:

1. Eliminates the caps on the number of counties and Indian tribes that may be selected to participate in the program.

2. Permits private agencies to participate in the program and requires a private agency that applies for participation in the program to submit documentation with the grant application that demonstrates that the application is supported by a county and that a county will collaborate with the private agency in providing services.

3. Provides that the formula for determining the amount of a grant to Milwaukee County must be based on 100 percent, not 60 percent, of the number of births that are funded by MA in that county and permits Milwaukee County to use grant funds to provide home visitation and case management services.

4. Requires a county, private agency, or Indian tribe that receives a grant to agree to match at least 25 percent of the grant amount in funds or in-kind contributions.

5. Requires that DCF give favorable consideration in the application process for a grant to a county, private agency, or Indian tribe that submits a joint application.

6. Requires a county, private agency, or Indian tribe, when applying for a grant, to provide information on how the applicant's home visitation program incorporates practice standards and critical elements that have been developed for successful home visitation programs by a nationally recognized home visitation program model and that are acceptable to DCF.

7. Requires DCF to evaluate the availability of home visitation programs in the state and determine whether there are gaps in home visitation services and to cooperate with counties, private agencies, and Indian tribes providing home visitation programs to address any gaps identified.

8. Requires each county, private agency, and Indian tribe providing a home visitation program to do all of the following:

a. Collect and report data as required by DCF, using forms prescribed by DCF.

b. Develop a plan for evaluating the effectiveness of its program for approval by DCF and to use the evaluation to improve the quality and outcomes of the home visitation program. The substitute amendment sets forth the outcomes that must be tracked and measured.

9. Provides that the training provided by DCF to counties, private agencies, and Indian tribes participating in the program may not be limited to a particular home visitation model and requires the training to include training regarding basic skills, uniform administration of screening and assessment tools, the issues and challenges that families face, and supervision and personnel skills for program managers. The training may also include training on data collection and reporting.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB297-ASA1, s. 1 Section 1. 48.983 (1) (b) 1. c. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB297-ASA1,3,10 48.983 (1) (b) 1. c. A family that includes a person who has contacted a county department, a private agency, or an Indian tribe that has been awarded a grant under this section or, in a county having a population of 500,000 or more that has been awarded a grant under this section, the department, a private agency, or a licensed child welfare agency under contract with the department requesting assistance to prevent poor birth outcomes or abuse or neglect of a child in the person's family and with respect to which an individual responding to the request has determined that all of the conditions in subd. 2. exist.

AB297-ASA1, s. 2 Section 2. 48.983 (1) (gm) of the statutes is created to read:

AB297-ASA1,3,14 48.983 (1) (gm) "Private agency" means an organization operated for profit or a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).

AB297-ASA1, s. 3 Section 3. 48.983 (1) (i) and (j) of the statutes are repealed.

AB297-ASA1, s. 4 Section 4. 48.983 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB297-ASA1,4,25 48.983 (2) Funds provided. If a county, private agency, or Indian tribe applies and is selected by the department under sub. (5) to participate in the program under this section, the department shall award, from the appropriation under s. 20.437 (1) (ab), a grant annually to be used only for the purposes specified in sub. (4) (a) and (am). The minimum amount of a grant is $10,000. The county, private agency, or Indian tribe shall agree to match at least 25 percent of the grant amount annually in funds or in-kind contributions. The department shall determine the amount of a grant awarded to a county, other than a county with a population of 500,000 or more private agency, or Indian tribe in excess of the minimum amount based on the need of the county, private agency, or Indian tribe for a grant, as determined by a formula that the department shall promulgate by rule. That formula shall determine that need based on the number of births that are funded by Medical Assistance under subch. IV of ch. 49 in that county, the area in which that private agency is providing services, or the reservation of that Indian tribe and on the rate of poor birth outcomes, including infant mortality, premature births, low birth weights, and racial or ethnic disproportionality in the rates of those outcomes, in that county, the area in which that private agency is providing services, or the reservation of that Indian tribe. The department shall determine the amount of a grant awarded to a county with a population of 500,000 or more in excess of the minimum amount based on the need of the county for a grant, as determined by a formula that the department shall promulgate by rule. That formula shall determine that need based on 60% of the number of births that are funded by Medical Assistance under subch. IV of ch. 49 in that county and on the rate of poor birth outcomes, including infant mortality, premature births, low birth weights, and racial or ethnic disproportionality in the rates of those outcomes, in that county.

AB297-ASA1, s. 5 Section 5. 48.983 (3) (title) and (a) of the statutes are repealed.

AB297-ASA1, s. 6 Section 6. 48.983 (3) (b) of the statutes is renumbered 48.983 (3) and amended to read:

AB297-ASA1,5,8 48.983 (3) Joint application permitted. Two Any combination of 2 or more counties and, private agencies, or Indian tribes may submit a joint application to the department. Each county or Indian tribe in a joint application shall be counted as a separate county or Indian tribe for the purpose of limiting the number of counties and Indian tribes selected in each state fiscal biennium.

AB297-ASA1, s. 7 Section 7. 48.983 (4) (a) 4m. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB297-ASA1,5,16 48.983 (4) (a) 4m. Other than in a county with a population of 500,000 or more, to To reimburse a case management provider under s. 49.45 (25) (b) for the amount of the allowable charges under the Medical Assistance program that is not provided by the federal government for case management services provided to a Medical Assistance beneficiary described in s. 49.45 (25) (am) 9. who is a child and who is a member of a family that receives home visitation program services under par. (b) 1.

AB297-ASA1, s. 8 Section 8. 48.983 (4) (am) of the statutes is amended to read:

AB297-ASA1,5,24 48.983 (4) (am) Grants; start-up costs and capacity building. In the first year in which a grant under this section is awarded to a county, private agency, or Indian tribe, the county, private agency, or Indian tribe may use a portion of the grant to pay for start-up costs and capacity building related to the program under this section. The department shall determine the maximum amount of a grant that a county, private agency, or Indian tribe may use to pay for those start-up costs and that capacity building.

AB297-ASA1, s. 9 Section 9. 48.983 (4) (b) 1. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB297-ASA1,7,5 48.983 (4) (b) 1. A county, other than a county with a population of 500,000 or more private agency, or an Indian tribe that is selected to participate in the program under this section shall offer all pregnant women in the county, the area in which that private agency is providing services, or the reservation of the tribe who are eligible for Medical Assistance under subch. IV of ch. 49 an opportunity to undergo an assessment through use of a risk assessment instrument to determine whether the person assessed presents risk factors for poor birth outcomes or for perpetrating child abuse or neglect. Persons who agree to be assessed shall be assessed during the prenatal period. The risk assessment instrument shall be developed by the department and shall be based on risk assessment instruments developed by the department for similar programs that are in operation. The department need not promulgate as rules under ch. 227 the risk assessment instrument developed under this subdivision. A person who is assessed to be at risk of poor birth outcomes or of abusing or neglecting his or her child shall be offered home visitation program services that shall be commenced during the prenatal period. Home visitation program services may be provided to a family with a child identified as being at risk of child abuse or neglect until the identified child reaches 3 years of age. If a family has been receiving home visitation program services continuously for not less than 12 months, those services may continue to be provided to the family until the identified child reaches 3 years of age, regardless of whether the child continues to be eligible for Medical Assistance under subch. IV of ch. 49. If risk factors for child abuse or neglect with respect to the identified child continue to be present when the child reaches 3 years of age, home visitation program services may be provided until the identified child reaches 5 years of age. Home visitation program services may not be provided to a person unless the person gives his or her written informed consent to receiving those services or, if the person is a child, unless the child's parent, guardian, or legal custodian gives his or her written informed consent for the child to receive those services.

AB297-ASA1, s. 10 Section 10. 48.983 (4) (b) 3. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB297-ASA1,7,11 48.983 (4) (b) 3. A county, private agency, or Indian tribe that is providing home visitation program services under subd. 1. shall provide to a person receiving those services the information relating to shaken baby syndrome and impacted babies required under s. 253.15 (6).

AB297-ASA1, s. 11 Section 11. 48.983 (5) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB297-ASA1,8,9 48.983 (5) Selection of counties, private agencies, and Indian tribes. The department shall provide competitive application procedures for selecting counties, private agencies, and Indian tribes for participation in the program under this section. The department shall establish a method for ranking applicants for selection based on the quality of their applications. In ranking the applications submitted by counties, the department shall give favorable consideration to a county, private agency, or Indian tribe that submits a joint application under sub. (3) and to a county that has indicated under sub. (6) (d) 2. that it is willing to use a portion of any moneys distributed to the county under s. 48.565 (2) (a) to provide case management services to a Medical Assistance beneficiary under s. 49.45 (25) (am) 9. who is a case or who is a member of a family that is a case and that has explained under sub. (6) (d) 2. how the county plans to use that portion of those moneys to promote the provision of those services for the case by using a wraparound process so as to provide those services in a flexible, comprehensive and individualized manner in order to reduce the necessity for court-ordered services. The department shall also provide application requirements and procedures for the renewal of a grant awarded under this section. The application procedures and the renewal application requirements and procedures shall be clear and understandable to the applicants. The department need not promulgate as rules under ch. 227 the application procedures, the renewal application requirements or procedures, or the method for ranking applicants established under this subsection.

AB297-ASA1, s. 12 Section 12. 48.983 (6) (intro.) of the statutes is amended to read:

AB297-ASA1,8,14 48.983 (6) Criteria for awarding grants. (intro.) In addition to any other criteria developed by the department, a county, private agency, or Indian tribe shall meet all of the following criteria in order to be selected for participation in the program under this section:

AB297-ASA1, s. 13 Section 13. 48.983 (6) (a) (intro.) of the statutes is amended to read:

AB297-ASA1,8,19 48.983 (6) (a) (intro.) The part of an application, other than a renewal application, submitted by a county, other than a county with a population of 500,000 or more private agency, or an Indian tribe that relates to home visitation programs shall include all of the following:

AB297-ASA1, s. 14 Section 14. 48.983 (6) (a) 1. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB297-ASA1,9,3 48.983 (6) (a) 1. Information on how the applicant's home visitation program is comprehensive and, incorporates practice standards that have been developed for home visitation programs by entities concerned with the prevention of poor birth outcomes and child abuse and neglect and that are acceptable to the department, and incorporates practice standards and critical elements that have been developed for successful home visitation programs by a nationally recognized home visitation program model and that are acceptable to the department.

AB297-ASA1, s. 15 Section 15. 48.983 (6) (a) 3. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB297-ASA1,9,10 48.983 (6) (a) 3. An identification of existing poor birth outcome and child abuse and neglect prevention services that are available to residents of the county, the area in which the private agency is providing services, or the reservation of the Indian tribe and a description of how those services and any additional needed services will support a comprehensive home visitation program.