AB130,37,1610
46.25
(9) (b) For purposes of determining child support under s. 46.10 (14) (b),
11the department shall promulgate separate rules related to the application of the
12standard under par. (a) to a child support obligation for the care and maintenance
13of a child who is placed by a court order under s. 48.355
or, 48.357
, 938.183 (2),
14938.355 or 938.357 in a residential, nonmedical facility. The rules shall take into
15account the needs of any person, including dependent children other than the child,
16whom either parent is legally obligated to support.
AB130, s. 39
17Section
39. 46.26 (1) of the statutes is amended to read:
AB130,37,2418
46.26
(1) Procedures. The department of health and social services shall
19develop procedures for the implementation of this section, standards for the
20development and delivery of social services under
ch.
chs. 48
and 938, and shall
21provide consultation and technical assistance to aid counties in implementation and
22service delivery. The department of health and social services shall establish
23information systems, monitoring and evaluation procedures to report periodically to
24the governor and legislature on the state impact of this section.
AB130, s. 40
25Section
40. 46.26 (2) (c) of the statutes is amended to read:
AB130,38,9
146.26
(2) (c) All funds to counties under this section shall be used to purchase
2or provide juvenile delinquency-related services under ch.
48 938, except that no
3funds to counties under this section may be used for purposes of land purchase,
4building construction or maintenance of buildings under ss. 46.17 and 46.175, for
5reimbursement of costs under s.
48.209 938.209, for city lockups or for
6reimbursement of care costs in temporary shelter care under s.
48.22 938.22. Funds
7to counties under this section may be used for reimbursement of costs of program
8services, other than basic care and supervision costs, in juvenile secure detention
9facilities.
AB130,38,1812
46.26
(3) (d) Subject to pars. (dd), (de) and (dg), in addition to the funds
13allocated under par. (c), the department of health and social services shall allocate
14funds to counties under sub. (4) (b) 2. and shall consider each county's proportionate
15use of applicable services of the department of health and social services under ss.
1648.34 938.183 (2), 938.34 and
48.366 938.366 or the department of corrections under
17ss.
48.366 and 48.537 938.183 (2), 938.366 and 938.537 during previous calendar
18years.
AB130, s. 42
19Section
42. 46.26 (3) (f) of the statutes is amended to read:
AB130,39,220
46.26
(3) (f) Notwithstanding pars. (dm) and (e), the department of health and
21social services may carry forward from 1994 to 1995 not more than $768,100 of the
22funds allocated under this subsection to the counties that are participating in the
23corrective sanctions program under s.
48.533 938.533 (2) for their use of the services
24provided under that program. Notwithstanding s. 20.435 (3) (cd), any funds that are
1carried forward under this paragraph and not spent or encumbered by counties by
2June 30, 1995, shall lapse to the general fund on July 1, 1995.
AB130,39,185
46.26
(4) (a) Except as provided in pars. (c) and (cm), the department of health
6and social services shall bill counties or deduct from the allocations under s. 20.435
7(3) (cd) for the costs of care, services and supplies purchased or provided by the
8department of health and social services for each person receiving services under ss.
948.34, 48.366 and 51.35 (3)
, 938.183 (2), 938.34 and 938.366 or the department of
10corrections for each person receiving services under s.
48.366 938.183 (2) or 938.366.
11The department of health and social services may not bill a county for or deduct from
12a county's allocation the cost of care, services and supplies provided to a person
13subject to an order under s.
48.366 938.183 (2) or 938.366 after the person reaches
1419 years of age or provided to a person subject to an order under s.
48.34 938.34 (4g).
15Payment shall be due within 60 days of the billing date. If any payment has not been
16received within 60 days, the department of health and social services may withhold
17aid payments in the amount due from the appropriation under s. 20.435 (3) (cd) or
18(7) (b).
AB130,40,1121
46.26
(4) (b) 1. Assessment of costs under par. (a) shall be made periodically on
22the basis of a per person per day cost estimate adjusted at least annually by the
23department. Except as provided in pars. (bm), (c), (cm) and (dr), liability shall apply
24to county departments under s. 46.21, 46.22 or 46.23 in the county of the court
25exercising jurisdiction under
ch. chs. 48
and 938 for each person receiving services
1from the department of health and social services under ss.
48.34, 48.366 and 51.35
2(3)
, 938.183 (2), 938.34 and 938.366 or the department of corrections under s.
48.366 3938.183 (2) or 938.366. Except as provided in pars. (bm), (c), (cm) and (dr), in
4multicounty court jurisdictions, the county of residency within the jurisdiction shall
5be liable for costs under this subsection. Assessment of costs under par. (a) shall also
6be made according to the general placement type or level of care provided, as defined
7by the department, and prorated according to the ratio of the amount designated
8under sub. (3) (c) and (d) to the total applicable estimated costs of care, services and
9supplies provided by the department of health and social services under ss.
48.34,
1048.366 and 51.35 (3)
, 938.183 (2), 938.34 and 938.366 or the department of
11corrections under ss.
48.34 938.183 (2), 938.34 (4g) and
48.366 938.366.
AB130,40,1914
46.26
(4) (c) Notwithstanding pars. (a), (b) 1. and (bm), but subject to par. (dr),
15the department of health and social services shall pay, from the appropriation under
16s. 20.435 (3) (hm), the costs of care, services and supplies provided for each person
17receiving services under ss.
48.34, 48.366 and 51.35 (3)
, 938.183 (2), 938.34 and
18938.366 who was under the guardianship of the department pursuant to an order
19under ch. 48 at the time that the person was adjudicated delinquent.
AB130,41,522
46.26
(4) (cm) 1. Notwithstanding pars. (a), (b) 1. and (bm), but subject to par.
23(dr), the department shall transfer funds from the appropriation under s. 20.435 (3)
24(cg) to the appropriation under s. 20.435 (3) (hm) for the purpose of reimbursing
25juvenile correctional institutions
operated by the department and secured child
1caring institutions, as defined in s. 938.02 (15g), for costs incurred beginning on
2January 1, 1995, for the care of any child who is placed in a juvenile correctional
3facility
operated by the department or a secured child caring institution based on a
4delinquent act that is a violation of s. 940.01, 940.02, 940.03, 940.05, 940.225 (1)
or, 5943.32 (2)
, 948.02 (1) or 948.025.
AB130, s. 47
6Section
47. 46.26 (4) (cm) 2. of the statutes is amended to read:
AB130,41,137
46.26
(4) (cm) 2. Notwithstanding pars. (a), (b) 1. and (bm), the department
8shall transfer funds from the appropriation under s. 20.435 (3) (cg) to the
9appropriation under s. 20.410 (1) (hx) for the purpose of reimbursing adult
10correctional institutions for costs incurred beginning on January 1, 1995, for the care
11of any person under 19 years of age who is placed in an adult correctional facility
12under s.
48.366 938.183 (2) or 938.366 (8) based on a delinquent act that is a violation
13of s. 940.01, 940.02, 940.05
or, 940.225 (1)
, 948.02 (1) or 948.025.
AB130, s. 48
14Section
48. 46.26 (4) (d) 1. of the statutes is amended to read:
AB130,41,2015
46.26
(4) (d) 1. Except as provided in pars. (e) to (g), for services under s.
48.34 16938.34, all payments and deductions made under this subsection and uniform fee
17collections made under s. 46.03 (18) shall be deposited in the appropriation under s.
1820.435 (3) (hm). As adjustments in the assessments under this subsection are made,
19there shall be a proportionate adjustment in the allocations to counties under sub.
20(3) (d).
AB130, s. 49
21Section
49. 46.26 (4) (d) 1m. of the statutes is amended to read:
AB130,42,422
46.26
(4) (d) 1m. Except as provided in pars. (e) to (g), for services under
s. 2348.366 ss. 938.183 (2) and 938.366, all payments and deductions made under this
24subsection and uniform fee collections made under s. 46.03 (18) shall be deposited
25in the appropriation under s. 20.435 (3) (hm) for services provided by the department
1of health and social services or s. 20.410 (1) (hx) for services provided by the
2department of corrections. As adjustments in the assessments under this subsection
3are made, there shall be a proportionate adjustment in the allocations to counties
4under sub. (3) (d).
AB130, s. 50
5Section
50. 46.26 (4) (d) 2. of the statutes is amended to read:
AB130,42,166
46.26
(4) (d) 2. Beginning July 1,
1993 1995, and ending December 31,
1993 71995, the per person daily cost assessment to counties shall be $101.55 for care in a
8juvenile correctional institution Type 1 secured correctional facility, as defined in s.
9938.02 (19), $101.55 for care for children transferred from a
juvenile correctional
10institution secured correctional facility, as defined in s. 938.02 (15m), or a secured
11child caring institution, as defined in s. 48.02 (15g), under s. 51.35 (3), the dollar
12amount set by the department of corrections by rule for maintaining a prisoner in an
13adult correctional institution, $131.65 for care in a child caring institution, $92.03
14for care in a group home for children, $21.02 for care in a foster home, $58.37 for care
15in a treatment foster home
, $66.75 for care in a Type 2 secured correctional facility,
16as defined in s. 938.02 (20), and $11.57 for departmental aftercare services.
AB130, s. 51
17Section
51. 46.26 (4) (d) 3. of the statutes is amended to read:
AB130,43,318
46.26
(4) (d) 3. In calendar year
1994
1996, the per person daily cost assessment
19to counties shall be $111.73 for care in a
juvenile correctional institution Type 1
20secured correctional facility, as defined in s. 938.02 (19), $111.73 for care for children
21transferred from a
juvenile correctional institution
secured correctional facility, as
22defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02
23(15g), under s. 51.35 (3), the dollar amount set by the department of corrections by
24rule for maintaining a prisoner in an adult correctional institution, $141.05 for care
25in a child caring institution, $98.47 for care in a group home for children, $22.49 for
1care in a foster home, $62.46 for care in a treatment foster home, $66.75 for
2departmental corrective sanctions services care in a Type 2 secured correctional
3facility, as defined in s. 938.02 (20), and $12.96 for departmental aftercare services.
AB130, s. 52
4Section
52. 46.26 (4) (d) 4. of the statutes is amended to read:
AB130,43,165
46.26
(4) (d) 4. Beginning January 1,
1995 1997, and ending June 30,
1995 61997, the per person daily cost assessment to counties shall be $115.68 for care in a
7juvenile correctional institution Type 1 secured correctional facility, as defined in s.
8938.02 (19), $115.68 for care for children transferred from a
juvenile correctional
9institution secured correctional facility, as defined in s. 938.02 (15m), or a secured
10child caring institution, as defined in s. 938.02 (15g), under s. 51.35 (3), the dollar
11amount set by the department of corrections by rule for maintaining a prisoner in an
12adult correctional institution, $146.07 for care in a child caring institution, $101.92
13for care in a group home for children, $23.28 for care in a foster home, $64.65 for care
14in a treatment foster home, $66.75 for
departmental corrective sanctions services 15care in a Type 2 secured correctional facility, as defined in s. 938.02 (20), and $12.96
16for departmental aftercare services.