AB68: Bill Text

AB68,665,7 46.011 (1p) “Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).

AB68,772 Section 772 . 46.011 (1p) of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68,665,12 46.011 (1p) “Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (4m) or (7g), or 938.357 (3) or (4).

AB68,773 Section 773 . 46.057 (1) of the statutes is amended to read:

AB68,666,8 46.057 (1) The department shall establish, maintain, and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. Notwithstanding ss. 301.02, 301.03, and 301.36 (1), the department shall operate the Mendota juvenile treatment center as a juvenile correctional facility, as defined in s. 938.02 (10p). The center shall not be considered a hospital, as defined in s. 50.33 (2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center shall provide psychological and psychiatric evaluations and treatment for juveniles whose behavior presents a serious problem to themselves or others in other juvenile correctional facilities and whose mental health needs can be met at the center. With the approval of the department of health services, the department of corrections may transfer to the center any juvenile who has been placed in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the department of corrections under s. 938.183, 938.34 (4h) or (4m), or 938.357 (3), (4), or (5) (e) in the same manner that the department of corrections transfers juveniles between other juvenile correctional facilities. Upon the recommendation of the department of health services, a court may place a juvenile at the center in a proceeding for a change in placement order under s. 938.357 (3).

AB68,774 Section 774 . 46.057 (1) of the statutes, as affected by 2017 Wisconsin Act 185 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68,667,5 46.057 (1) The department shall establish, maintain, and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. Notwithstanding ss. 301.02, 301.03, and 301.36 (1), the department shall operate the Mendota juvenile treatment center as a juvenile correctional facility, as defined in s. 938.02 (10p). The center shall not be considered a hospital, as defined in s. 50.33 (2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center shall provide psychological and psychiatric evaluations and treatment for juveniles whose behavior presents a serious problem to themselves or others in other juvenile correctional facilities and whose mental health needs can be met at the center. With the approval of the department of health services, the department of corrections may transfer to the center any juvenile who has been placed in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the department of corrections under s. 938.183, 938.34 (4m), or 938.357 (3), (4), or (5) (e) in the same manner that the department of corrections transfers juveniles between other juvenile correctional facilities. Upon the recommendation of the department of health services, a court may place a juvenile at the center in a proceeding for a change in placement order under s. 938.357 (3).

AB68,775 Section 775. 46.057 (2) of the statutes is amended to read:

AB68,667,16 46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $1,365,500 in each fiscal year and, from the appropriation account under s. 20.410 (3) or (hm), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $3,224,100 in fiscal year 2019-20 and $5,429,000 in fiscal year 2020-21, for reimburse the department of health services for the cost of providing services for juveniles placed at the Mendota juvenile treatment center at a per person daily cost specified by the department of health services. The department of health services may charge the department of corrections not more than the actual cost of providing those services.

AB68,776 Section 776 . 46.10 (2) of the statutes is amended to read:

AB68,668,21 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed, protected, or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., s. 975.17, 1977 stats., s. 55.05 (5), 2003 stats., and s. 55.06, 2003 stats., and ss. 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.055, 55.12, 55.13, 55.135, 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services , and supplies provided by any institution in this state including University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services, and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.73, and any person receiving treatment and services from a public or private agency under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s. 971.17 (3) (d) or (4) (e) or 980.08 (4) (g) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services, and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow surviving spouse, or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

AB68,777 Section 777. 46.22 (1) (c) 1. b. of the statutes is amended to read:

AB68,668,25 46.22 (1) (c) 1. b. `State institutions.' The Mendota Mental Health Institute, the Winnebago Mental Health Institute, centers for the developmentally disabled, and Type 1 juvenile correctional facilities, as defined in s. 938.02 (19) (10p).

AB68,778 Section 778. 46.2895 (8) (a) 1. of the statutes is amended to read:

AB68,669,14 46.2895 (8) (a) 1. If the long-term care district offers employment to any individual who was previously employed by a county, which participated in creating the district and at the time of the offer had not withdrawn or been removed from the district under sub. (14), and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district and whose wages were established in who was covered by a collective bargaining agreement with the county under subch. IV of ch. 111 that is in effect on the date that the individual commences employment with the district, with respect to that individual, abide by the terms of the collective bargaining agreement concerning the individual's wages until the time of the expiration of that collective bargaining agreement or adoption of a collective bargaining agreement with the district under subch. IV of ch. 111 covering the individual as an employee of the district, whichever occurs first.

AB68,779 Section 779. 46.40 (8) of the statutes is amended to read:

AB68,669,19 46.40 (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 $2,558,900 $3,058,900 in each fiscal year.

AB68,780 Section 780. 46.48 (3m) of the statutes is created to read:

AB68,669,25 46.48 (3m) Deaf, hard of hearing, and deaf-blind behavioral health treatment center. The department may distribute not more than $1,936,000 in each fiscal year, beginning in fiscal year 2022-23, to a statewide provider of behavioral health treatment services for individuals who are deaf, hard of hearing, or deaf-blind.

AB68,781 Section 781. 46.48 (6) of the statutes is created to read:

AB68,670,5 46.48 (6) Trauma response teams. The department shall annually award a grant equal to $450,000 for the Milwaukee trauma response team. Notwithstanding sub. (1), grants awarded under this subsection shall be from the appropriation under s. 20.435 (5) (bc).

AB68,782 Section 782. 46.48 (7) of the statutes is created to read:

AB68,670,11 46.48 (7) Medication-assisted treatment grants. The department shall award up to $500,000 in fiscal year 2021-22 and up to $1,000,000 annually thereafter to develop or support entities that offer medication-assisted treatment. Notwithstanding sub. (1), grants awarded under this subsection shall be from the appropriation under s. 20.435 (5) (bc).

AB68,783 Section 783. 46.48 (9) of the statutes is created to read:

AB68,670,17 46.48 (9) Substance use harm reduction grant. The department may annually award up to $250,000 to organizations with comprehensive harm reduction strategies for the development or support of substance use harm reduction programs, as determined by the department. Notwithstanding sub. (1), grants awarded under this subsection shall be from the appropriation under s. 20.435 (5) (bc).

AB68,784 Section 784. 46.536 of the statutes is renumbered 46.536 (intro.) and amended to read:

AB68,670,22 46.536 Crisis program enhancement grants. (intro.) From the appropriation under s. 20.435 (5) (cf), the department shall award all of the following grants:

AB68,671,2 (1) A in the total amount of $250,000 in each fiscal biennium to counties or regions comprised of multiple counties to establish or enhance crisis programs to serve individuals having crises in rural areas. The department shall award a grant under this section subsection in an amount equal to one-half the amount of money the county or region provides to establish or enhance crisis programs.

AB68,785 Section 785. 46.536 (2) of the statutes is created to read:

AB68,671,7 46.536 (2) At least $1,250,000 in each fiscal year to establish and enhance law enforcement and behavioral health services emergency response collaboration programs. Grant recipients under this subsection shall match at least 25 percent of the grant amount awarded for the purpose that the grant is received.

AB68,786 Section 786. 46.536 (3) of the statutes is created to read:

AB68,671,10 46.536 (3) At least $850,000 in each fiscal year to a county with a population of more than 750,000 to enhance mobile crisis teams.

AB68,787 Section 787. 46.537 of the statutes is created to read:

AB68,671,18 46.537 County crisis call center support grants. From the appropriation under s. 20.435 (5) (cj), the department shall award grants to support mental health professionals to provide supervision and consultation to individuals who support crisis call center services. Each county or multicounty program that receives supervision and consultation services from a grant recipient described under this section shall contribute at least 10 percent of the costs of the services that the grant recipient incurs for the purpose that the grant is received.

AB68,788 Section 788. 46.87 (5m) of the statutes is amended to read:

AB68,672,2 46.87 (5m) A person is financially eligible for the program under this section if the joint income of the person with Alzheimer's disease and that person's spouse, if any, is $48,000 $55,000 per year or less, unless the department sets a higher limitation on income eligibility by rule. In determining joint income for purposes of this subsection, the administering agency shall subtract any expenses attributable to the Alzheimer's-related needs of the person with Alzheimer's disease or of the person's caregiver.

AB68,789 Section 789 . 46.977 (1) (intro.) and (a) of the statutes are consolidated, renumbered 46.977 (1) and amended to read:

AB68,672,6 46.977 (1) Definitions Definition. In this section : (a) “Guardian", “guardian” has the meaning given in s. 54.01 (10).

AB68,790 Section 790 . 46.977 (1) (b) of the statutes is renumbered 46.977 (2) (ag) and amended to read:

AB68,672,11 46.977 (2) (ag) “Organization" In this subsection, “organization” means a private, nonprofit agency or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437.

AB68,791 Section 791 . 46.977 (2) (a) of the statutes is renumbered 46.977 (2) (am) and amended to read:

AB68,672,18 46.977 (2) (am) From the appropriation under s. 20.435 (1) (cg), the department may under this section subsection, based on the criteria under par. (c), award grants to applying organizations for the purpose of training and assisting guardians for individuals found incompetent under ch. 54. No grant may be paid unless the awardee provides matching funds equal to 10 percent of the amount of the award.

AB68,792 Section 792 . 46.977 (2) (b) (intro.) of the statutes is amended to read:

AB68,672,21 46.977 (2) (b) (intro.) Organizations awarded grants under par. (a) (am) shall do all of the following:

AB68,793 Section 793 . 46.977 (2) (c) of the statutes is amended to read:

AB68,672,25 46.977 (2) (c) In reviewing applications for grants under par. (am), the department shall consider the extent to which the proposed program will effectively train and assist guardians for individuals found incompetent under ch. 54.

AB68,794 Section 794. 46.977 (3) of the statutes is created to read:

AB68,673,3 46.977 (3) Grant for initial training. (a) The department shall award a grant to develop, administer, and conduct the guardian training required under s. 54.26.

AB68,673,7 (b) The department shall require the grantee to have expertise in state guardianship law, experience with technical assistance and support to guardians and wards, and knowledge of common challenges and questions encountered by guardians and wards.

AB68,673,12 (c) The grantee selected to develop training that meets the requirements under s. 54.26 (1) shall develop plain-language, web-based training modules using adult-learning design principles that can be accessed for free by training topic and in formats that maximize accessibility, with printed versions available for free upon request.

AB68,795 Section 795. 46.995 (4) of the statutes is created to read:

AB68,673,17 46.995 (4) The department shall ensure that any child who is eligible and who applies for the disabled children's long-term support program that is operating under a waiver of federal law receives services under the disabled children's long-term support program that is operating under a waiver of federal law.

AB68,796 Section 796. 47.02 (3m) (f) of the statutes is amended to read:

AB68,674,2 47.02 (3m) (f) Assure that eligibility for vocational rehabilitation services under this chapter is determined without regard to the sex, race, age, creed, color, or national origin, sexual orientation, as defined in s. 111.32 (13m), gender expression, as defined in s. 111.32 (7j), or gender identity, as defined in s. 111.32 (7k) of the individual applying for services, that no class of individuals is found ineligible solely on the basis of type of disability and that no age limitations for eligibility exist which that, by themselves, would result in ineligibility for vocational rehabilitation services.

AB68,797 Section 797. 47.07 (1) of the statutes is amended to read:

AB68,674,6 47.07 (1) The department shall allocate for each fiscal year at least $250,000 from the appropriation under s. 20.445 (1) (b) (5) (b) for contracts and activities entered into under this section.

AB68,798 Section 798. 47.07 (3) of the statutes is created to read:

AB68,674,12 47.07 (3) The department may facilitate Project SEARCH opportunities for young adults with disabilities, administer operations, contracts, and services related to the Project SEARCH program, provide training related to the Project SEARCH program, maintain existing Project SEARCH program sites, and manage the timing for expanding the number of available Project SEARCH program sites.

AB68,799 Section 799 . 48.02 (1d) of the statutes is amended to read:

AB68,674,17 48.02 (1d) “Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “ adult" means a person who has attained 17 years of age.

AB68,800 Section 800 . 48.02 (2) of the statutes is amended to read:

AB68,674,23 48.02 (2) “Child," when used without further qualification, means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “child" does not include a person who has attained 17 years of age.

AB68,801 Section 801 . 48.02 (13) of the statutes is amended to read:

AB68,675,20 48.02 (13) “Parent" means a biological natural parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, “parent" includes a person conclusively determined from genetic test results to be the father under s. 767.804 or, a person acknowledged under s. 767.805 or a substantially similar law of another state to be a natural parent, or a person adjudicated to be the biological father a natural parent. “Parent" does not include any person whose parental rights have been terminated. For purposes of the application of s. 48.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent" means a biological natural parent of an Indian child, an Indian husband spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian child, including an adoption under tribal law or custom, and includes, in the case of a nonmarital Indian child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, a person conclusively determined from genetic test results to be the father under s. 767.804, a person acknowledged under s. 767.805, a substantially similar law of another state, or tribal law or custom to be the biological father natural parent, or a person adjudicated to be the biological father natural parent, but does not include any person whose parental rights have been terminated.

AB68,802 Section 802. 48.02 (14k) of the statutes is created to read:

AB68,675,23 48.02 (14k) “Qualified individual” has the meaning given under 42 USC 675a (c) (1) (D).

AB68,803 Section 803. 48.02 (17t) of the statutes is created to read:

AB68,676,5 48.02 (17t) “Standardized assessment” means an assessment, using a tool determined by the department, of the strengths and needs of a child to determine appropriateness of a placement in a residential care center, group home, or shelter care facility certified under s. 48.675. This definition does not apply to s. 48.62 (8) (b).

AB68,804 Section 804 . 48.023 (4) of the statutes is amended to read:

AB68,676,11 48.023 (4) The rights and responsibilities of legal custody except when legal custody has been vested in another person or when the child is under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m), or (4n), or 938.357 (3) or (4) or the supervision of a county department under s. 938.34 (4d), (4m), or (4n).

AB68,805 Section 805 . 48.023 (4) of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68,676,17 48.023 (4) The rights and responsibilities of legal custody except when legal custody has been vested in another person or when the child is under the supervision of the department of corrections under s. 938.183, 938.34 (4m), or 938.357 (3) or (4) or the supervision of a county department under s. 938.34 (4m) or (4n).

AB68,806 Section 806 . 48.025 (title) of the statutes is amended to read:

AB68,676,20 48.025 (title) Declaration of paternal parental interest in matters affecting children.

AB68,807 Section 807 . 48.025 (2) (b) of the statutes is amended to read:

AB68,677,2 48.025 (2) (b) A declaration under sub. (1) may be filed at any time before the birth of the child or within 14 days after the birth of the child, except that a man person who receives a notice under s. 48.42 (1g) (b) may file a declaration within 21 days after the date on which the notice was mailed. This paragraph does not apply to a declaration filed before July 1, 2006.

AB68,808 Section 808 . 48.025 (3) (c) of the statutes is amended to read:

AB68,677,17 48.025 (3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13 or under a substantially similar law of another state or a person authorized to file a petition under s. 48.25, 48.42, 48.837, or 938.25 or under a substantially similar law of another state may request the department to search its files to determine whether a person who may be the father parent of the child who is the subject of the proceeding has filed a declaration under this section. If the department has on file a declaration of paternal parental interest in matters affecting the child, the department shall issue to the requester a copy of the declaration. If the department does not have on file a declaration of paternal parental interest in matters affecting the child, the department shall issue to the requester a statement that no declaration could be located. The department may require a person who requests a search under this paragraph to pay a reasonable fee that is sufficient to defray the costs to the department of maintaining its file of declarations and publicizing information relating to declarations of paternal parental interest under this section.

AB68,809 Section 809. 48.21 (1) (c) of the statutes is created to read:

AB68,678,2 48.21 (1) (c) If the child is held in custody in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, the qualified individual shall conduct a standardized assessment and the intake worker or agency primarily responsible for providing services under the custody order shall submit it and the recommendation of the qualified individual who conducted the standardized assessment, including all of the following, to the court and all persons who are required to receive a copy of the petition or request under par. (b) no later than the hearing or, if not available by that time, no later than 30 days after the date on which the placement is made:

AB68,678,4 1. Whether the proposed placement will provide the child with the most effective and appropriate level of care in the least restrictive environment.

AB68,678,6 2. How the placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan.

AB68,678,9 3. The reasons why the child's needs can or cannot be met by the child's family or in a foster home. A shortage or lack of foster homes is not an acceptable reason for determining that the child's needs cannot be met in a foster home.

AB68,678,12 4. The placement preference of the family permanency team under s. 48.38 (3m) and, if that preference is not the placement recommended by the qualified individual, why that recommended placement is not preferred.

AB68,810 Section 810. 48.21 (5) (b) 2g. of the statutes is created to read:

AB68,678,19 48.21 (5) (b) 2g. Except as provided in par. (cm), if the child is held in custody in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675, a finding as to each of the following, the answers to which do not affect whether the placement may be made, after considering the standardized assessment and the recommendation of the qualified individual under sub. (1) (c):