Chapter 46

46.49(1) (1) If the department receives unanticipated federal community mental health services block grant funds under 42 USC 300x to 300x-9 or federal prevention and treatment of substance abuse block grant funds under 42 USC 300x-21 to 300x-35 and if the department proposes to allocate the unanticipated funds so that an allocation limit in s. 46.40 is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limits under s. 46.40. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding s. 46.40, only with the approval of the committee.

46.49(2) (2) If the department receives unanticipated federal social services block grant funds under 42 USC 1397 to 1397e, the department shall deposit the moneys in the appropriation under s. 20.435 (7) (o), unless the funds are for a specified purpose that is not included in s. 20.435 (7) (o), in which case the department shall deposit the moneys in the appropriation under s. 20.435 (7) (md) or (me), as appropriate.

46.49 History History: 1989 a. 31; 1991 a. 269, 275, 315; 1993 a. 16, 437, 446; 1995 a. 27, 404; 1997 a. 27; 2007 a. 20.

46.495 46.495 Distribution of community aids funds to counties.

46.495(1) (1) 

46.495(1)(am) (am) The department shall reimburse each county from the appropriations under s. 20.435 (7) (b) and (o) for social services as approved by the department under ss. 46.215 (1), (2) (c) 1., and (3) and 46.22 (1) (b) 1. d. and (e) 3. a. except that no reimbursement may be made for the administration of or aid granted under s. 49.02, 2009 stats.

46.495(1)(d) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for social services to county departments under ss. 46.215, 46.22, and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (8), and (9) (b). Each county’s required match for the distribution under s. 46.40 (2) shall be specified in a schedule established annually by the department. Each county’s required match for the distribution under s. 46.40 (8) for a year equals 9.89 percent of the total of the county’s distributions under s. 46.40 (8) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county’s required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89 percent of that county’s amounts described in s. 46.40 (9) (ar) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25 percent of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

46.495(1)(dc) (dc) The department shall prorate the amount allocated to any county department under s. 46.215 or 46.22 under par. (d) to reflect actual federal funds available.

46.495(1)(f) (f)

46.495(1)(f)1. 1. If any state matching funds allocated under par. (d) to match county funds are not claimed, the funds shall be redistributed for the purposes the department designates.

46.495(1)(f)2. 2. The county allocation to match aid increases shall be included in the contract under s. 46.031 (2g) and approved by January 1 of the year for which funds are allocated, in order to generate state aid matching funds. All funds allocated under par. (d) shall be included in the contract under s. 46.031 (2g) and approved.

46.495(2) (2) 

46.495(2)(a) (a) The county treasurer and each director of a county department under s. 46.215, 46.22 or 46.23 shall monthly certify under oath to the department in such manner as the department prescribes the claim of the county for state reimbursement under this section and if the department approves such claim it shall certify to the department of administration for reimbursement to the county for amounts due under this subsection and payment claimed to be made to the counties monthly. The department may make advance payments prior to the beginning of each month equal to one-twelfth of the contracted amount.

46.495(2)(b) (b) To facilitate prompt reimbursement the certificate of the department may be based on the certified statements of the county officers filed under par. (a). Funds recovered from audit adjustments from a prior fiscal year may be included in subsequent certifications only to pay counties owed funds as a result of any audit adjustment. By September 30 of each year the department shall submit a report to the appropriate standing committees under s. 13.172 (3) on funds recovered and paid out during the previous calendar year as a result of audit adjustments.

46.495 History History: 1995 a. 27 ss. 3129, 3132, 3135 to 3139; 1995 a. 289, 404; 1997 a. 3, 27, 252; 1999 a. 9; 2001 a. 16; 2003 a. 318; 2005 a. 25 ss. 883, 884, 2502, 2510; 2007 a. 20; 2009 a. 28.

46.50 46.50 State mental health authority. In order to promote coordination and efficient development of mental health services by the state and by municipalities in the state, the department is declared to be the state mental health authority of Wisconsin and as such is authorized to receive federal grants in aid and to cooperate with the federal government in promoting the extension of such services.

46.52 46.52 Systems change grants. From the appropriation under s. 20.435 (5) (md), the department shall distribute funds to each grant recipient under this section so as to permit initial phasing in of recovery-oriented system changes, prevention and early intervention strategies, and consumer and family involvement for individuals with mental illness. At least 10 percent of the funds distributed shall be for children with mental illness.

46.52 History History: 1995 a. 27, 216; 1997 a. 27; 2001 a. 16; 2005 a. 25; 2013 a. 20.

46.53 46.53 Mental health treatment provider training. From the appropriation under s. 20.435 (5) (md), the department may not distribute more than $182,000 in each fiscal year to provide training for mental health treatment professionals on new mental health treatment approaches in working with special populations, including seriously mentally ill individuals and children with serious emotional disturbances, and on the use of new mental health treatment medications.

46.53 History History: 1995 a. 27; 1997 a. 27; 2013 a. 20.

46.535 46.535 Crisis intervention training grants. From the appropriation under s. 20.435 (5) (cd), the department shall award grants in the total amount of $1,000,000 in each fiscal biennium for mental health crisis intervention team training for law enforcement agencies, as described in s. 165.77 (1) (c), and correctional officers, as defined in s. 102.475 (8) (a).

46.535 History History: 2013 a. 126; 2021 a. 58.

46.536 46.536 Crisis program enhancement grants.

46.536(1) (1) From the appropriation under s. 20.435 (5) (cf), the department shall award grants 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 or counties, municipalities, or regions comprised of multiple counties or municipalities to establish and enhance law enforcement and behavioral health services emergency response collaboration programs. Grant recipients under this section shall match at least 25 percent of the grant amount awarded for the purpose that the grant is received. The department may not award any single grant in an amount greater than $100,000.

46.536(2) (2) By June 30 of each odd-numbered year, the department shall collect information from counties, municipalities, and regions comprised of multiple counties and municipalities receiving a grant under sub. (1) and submit a report to the appropriate standing committees of the legislature under s. 13.172 (3) on all of the following topics:

46.536(2)(a) (a) The uses that the grants were directed towards.

46.536(2)(b) (b) Outcomes generated as a result of enhancing relationships between law enforcement and crisis response services.

46.536(2)(c) (c) Any other accountability measures determined relevant by the department.

46.536 History History: 2013 a. 132; 2019 a. 9; 2021 a. 184.

46.537 46.537 Sharing minors’ safety plans.

46.537(1) (1) Definitions. In this section:

46.537(1)(a) (a) “Facilitator” means an individual who assists in the creation of a safety plan.

46.537(1)(b) (b) “Safety plan” means an individual’s written document, created in advance of a crisis, that provides guidance on how to help the individual when the individual experiences a behavioral or developmental health challenge or crisis.

46.537(1)(c) (c) “Safety plan partner” means a person who is part of a network formed under sub. (4) (a).

46.537(2) (2) Safety plan contents and requirements.

46.537(2)(a) (a) A minor who is at risk of an encounter with law enforcement or other emergency service providers during a behavioral or developmental health challenge or crisis may create a safety plan, with a facilitator, that includes any of the following information about the minor:

46.537(2)(a)1. 1. The minor’s name.

46.537(2)(a)2. 2. The minor’s address or addresses.

46.537(2)(a)3. 3. What it looks like when the minor feels unsafe or needs assistance.

46.537(2)(a)4. 4. De-escalation strategies that work for the minor.

46.537(2)(a)5. 5. Contact information for the minor’s parent or guardian.

46.537(2)(a)6. 6. Contact information for the minor’s health care providers, as defined under s. 146.81 (1) (a) to (hp).

46.537(2)(a)7. 7. Contact information for individuals who can provide emotional support to the minor in times of crisis.

46.537(2)(a)8. 8. What the minor would like law enforcement officers or emergency medical responders to know.

46.537(2)(a)9. 9. Other information that is important to the minor.

46.537(2)(b) (b) A minor and a facilitator who create a safety plan under par. (a) shall sign the safety plan.

46.537(2)(c) (c) A safety plan created under par. (a) expires one year after the date the safety plan is signed.

46.537(3) (3) Safety plan sharing; release of information.

46.537(3)(a) (a) A minor’s safety plan may be shared with a safety plan partner through the portal under sub. (5) only if the minor has signed a release of information stating that the minor agrees and understands all of the following:

46.537(3)(a)1. 1. The safety plan will be used only to ensure the safety and well-being of the minor by the safety plan partners.

46.537(3)(a)2. 2. The safety plan may be revoked at any time other than during a crisis.

46.537(3)(a)3. 3. The safety plan will be shared in the portal under sub. (5) and may be accessed by all safety plan partners.

46.537(3)(a)4. 4. Additional safety plan partners may join the network under sub. (4) (a) and the safety plan may be shared with those additional safety plan partners.

46.537(3)(a)5. 5. During a crisis, the safety plan may be accessed by a different network formed under sub. (4) (a) that uses the portal under sub. (5).

46.537(3)(a)6. 6. The release of information will be attached to the minor’s safety plan until the safety plan expires or is revoked.

46.537(3)(b) (b) A facilitator shall ensure the minor understands the release of information under par. (a).

46.537(3)(c) (c) A release of information under par. (a) shall identify all current safety plan partners at the time the release of information is signed by the minor.

46.537(3)(d) (d) A release of information signed by a minor under par. (a) shall be attached to the minor’s safety plan until the safety plan expires or is revoked.

46.537(3)(e) (e) A safety plan partner may access a safety plan only to ensure the safety and well-being of the minor during a crisis, to review or update a safety plan, or at the minor’s request.

46.537(3)(f) (f) A safety plan partner shall maintain confidentiality of a safety plan and may disclose a safety plan to a person who is not in the safety plan partner’s network under sub. (4) (a) only if the person is one of the following:

46.537(3)(f)1. 1. The minor’s parent, guardian, legal custodian, Indian custodian, as defined in s. 48.02 (8p), or legal representative.

46.537(3)(f)2. 2. During a crisis, another safety plan network formed under sub. (4) (a) that uses the portal under sub. (5).

46.537(3)(f)3. 3. A bona fide researcher using de-identified information.

46.537(4) (4) Safety plan network.

46.537(4)(a) (a) Two or more persons, including any of the following, may form a network for the purpose of sharing safety plans of minors who are at risk of an encounter with law enforcement or other emergency service providers during a behavioral or developmental health challenge or crisis:

46.537(4)(a)1. 1. A system of care, as defined in s. 46.56 (1) (or).

46.537(4)(a)2. 2. A physical or mental health care provider.

46.537(4)(a)3. 3. A county department of human services.

46.537(4)(a)4. 4. A county department of social services.

46.537(4)(a)5. 5. A school.

46.537(4)(a)6. 6. A school district.

46.537(4)(a)7. 7. A law enforcement agency, as defined in s. 165.77 (1) (b).

46.537(4)(a)8. 8. A fire department, as defined in s. 66.0314 (1) (c).

46.537(4)(a)9. 9. An emergency medical services provider, as defined in s. 256.215 (1) (d).

46.537(4)(a)10. 10. A tribal agency.

46.537(4)(a)11. 11. The division of the department of children and families that is responsible for administering child welfare services in Milwaukee County.

46.537(4)(a)12. 12. A public safety answering point, as defined in s. 256.35 (1) (gm).

46.537(4)(a)13. 13. A center designated to respond to statewide or regional contacts with the universal telephone number for the national suicide prevention and mental health crisis hotline system maintained under 42 USC 290bb-36c.

46.537(4)(b) (b) When a network is formed under par. (a), the safety plan partners shall enter into a formalized agreement that addresses the expectations for the safety plan partners, such as the safety plan partners’ obligations, training requirements, and roles in the network.

46.537(5) (5) Safety plan sharing portal. The department shall develop and maintain, or make payments to a nonprofit corporation that supports the state’s electronic health information exchange under ss. 153.80 to 153.82 to develop and maintain, a portal that is available throughout the state to facilitate sharing of safety plans among safety plan partners. The portal developed under this subsection shall include all of the following:

46.537(5)(a) (a) The ability to fill out a safety plan online and download the safety plan for the purpose of obtaining a handwritten or electronic signature on the safety plan.

46.537(5)(b) (b) The standard safety plan template developed by the department under sub. (6).

46.537(5)(c) (c) Simplified views for law enforcement officers for quick access to safety plan information.

46.537(5)(d) (d) The capacity to support several thousand users in the system with role-based access for roles such as facilitators, law enforcement officers, and 911 dispatchers.

46.537(5)(e) (e) The potential for future integrations or single sign-on with other systems, including electronic health records systems and 911 dispatch systems.

46.537(5)(f) (f) Scalable storage capacity to support unlimited numbers of safety plans as discrete data and as printable documents.

46.537(5)(g) (g) Cloud-hosted, technical infrastructure certified by the Underlying Health Information Trust Alliance, or its successor, and technical audit-logging capabilities that meet the requirements of the federal Health Insurance Portability and Accountability Act of 1996.

46.537(5)(h) (h) Flexibility to allow a network formed under sub. (4) (a) to share a safety plan with another network formed under sub. (4) (a) or keep access to the safety plan restricted to within that network.

46.537(5)(i) (i) Notifications to a minor and facilitator when the minor’s safety plan is about to expire, if a safety plan is accessed, and any other activity that occurs related to a safety plan.