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Wis. Stat.
§ 46.40
Wisconsin
Statutes
Social
Services
Chapter
46. Social Services
§ 46.40. Community
aids funding
(1) Distribution
limits. (a)
Within the limits of available federal funds and of the appropriations
under s. 20.435 (7)(b) and (o), the department shall distribute funds
for community social, mental health, developmental disabilities, and alcohol
and other drug abuse services and for services under ss. 46.51, 46.87,
46.985, and 51.421 to county departments under ss. 46.215, 46.22, 46.23,
51.42, and 51.437 and to county aging units, as provided in subs. (2),
(2m), and (7) to (9).
(b)
Notwithstanding s. 46.49, if the department receives any federal moneys
under 42 USC 670 to 679a in reimbursement of moneys allocated under par.
(a) for the provision of foster care, the department shall distribute
those federal moneys for services and projects to assist children and
families and for
the purposes specified in s. 46.46.
(c)
The Milwaukee County department of social services shall report to the
department in a manner specified by the department on all children under
the supervision of the Milwaukee County department of social services
who are placed in foster homes and whose foster parents receive funding
for child care from the amounts distributed under par. (a) so that the
department may claim federal foster care and adoption assistance reimbursement
under 42 USC 670 to 679a for the amounts expended by the Milwaukee County
department of social services for the provision of child care for those
children. Notwithstanding s. 46.49, if the department receives any federal
moneys under 42 USC 670 to 679a in reimbursement of the amounts expended
by the Milwaukee County department of social services for the provision
of child care for children in foster care in 1996 and 1997, the department
shall distribute those federal moneys to the Milwaukee County department
of social services for the provision of child care for children in foster
care.
(d)
If the department receives any federal moneys under 42 USC 1396 to 1396v
in reimbursement of the cost of preventing out-of-home placements of children,
the department shall use those moneys as the first source of moneys used
to meet the amount of the allocation under sub. (2) that is budgeted from
federal funds.
(2)
Basic county allocation.
Subject to sub. (9), for social services under s. 46.495(1)(d) and services
under s. 51.423(2), the department shall distribute not more than $242,078,700
in each fiscal year.
(2m)
Federal block grant allocations.
(a) Prevention
and treatment of substance abuse.
For prevention and treatment of substance abuse under 42 USC 300x-21 to
300x-35, the department shall distribute not more than $9,735,700 in each
fiscal year.
(b)
Community mental
health services.
For community mental health services under 42 USC 300x to 300x-9, the
department shall distribute not more than $2,513,400 in each fiscal year.
(3)
Tribal child care.
For child care services under 42 USC 9858, the department shall distribute
not more than $412,800 in each fiscal year from the appropriation account
under s. 20.435(7)(b) to federally recognized American Indian tribes or
bands. A tribe or band that receives funding under this subsection shall
use that funding to provide child care for an eligible child, as defined
in 42 USC 9858n(4).
(7)
Family support allocation.
For family support programs for the families of disabled children under
s. 46.985, the department shall distribute not more than $5,089,800 in
each fiscal year .
(7m)
Use by county of community aids funds to pay private attorneys for certain
proceedings under the children's code.
Upon application by a county department under s. 46.215, 46.22 or 46.23
to the department for permission to use funds allocated to that county
department under sub. (2) to employ private counsel for the purposes specified
in this subsection and a determination by the
department that use of funds for those purposes does not affect any federal
grants or federal funding allocated under this section, the department
and the county department shall execute a contract authorizing the county
department to expend, as agreed upon in the contract, funds allocated
to that county department under sub. (2) to permit the county department
to employ private counsel to represent the interests of the state or county
in proceedings under ch. 48 relating to child abuse or neglect cases,
unborn child abuse cases, proceedings to terminate parental rights and
any ch. 48 cases or proceedings involving the Indian child welfare act,
25 USC 1901 to 1963.
(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 $2,342,800 in each fiscal year.
(9)
Transfer or adjustment of community aids allocations.
(a) Transfer
to family care program and adult protective services allocation.
If a care management organization under s. 46.284 is available in a county,
the department
may dispose of not more than 21.3% of the amount allocated under sub.
(2) to that county as follows; and, of the amount allocated under sub.
(8), may dispose of the lesser of up to 60% or the amount remaining after
subtracting an amount necessary to maintain funding for recipients under
sub. (8) who, on September 1, 2001, are ineligible for the family care
benefit under s. 46.286, to that county, as follows:
1.
By transferring a portion of those amounts, as determined by the department,
to the family care program to fund the services of resource centers under
s. 46.283(5) and the services of care management organizations under s.
46.284(4).
2.
By transferring a portion of those amounts, as determined by the department,
to the county's adult protective services allocation under par. (b).
(b)
Adult protective
services allocation.
For adult protective services, the department shall distribute the amounts
transferred under par. (a)2. in each fiscal
year.
(c)
Adjustment for
medical assistance buy-in program.
If a former recipient of services funded under the allocation under sub.
(2) is a participant in the medical assistance buy-in program under s.
49.472, the department may decrease that allocation by the amount that
the department estimates it will incur in providing services to that participant
under s. 49.472.
(d)
Payment adjustments
for certain Medical Assistance services.
The department may decrease a county's allocation under sub. (2) by the
amount of any payment adjustments under s. 49.45(52) made for that county
from the appropriation account under s. 20.435(7)(b). The total amount
of the decrease for a county under this paragraph during any fiscal year
may not exceed that part of the county's allocation under sub. (2) that
derives from the appropriation account under s. 20.435(7)(b) for that
fiscal year.
(14m)
County community aids budgets.
Before December 1 of each year, each county
department under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 and each tribal
governing body shall submit to the department a proposed budget for the
expenditure of funds allocated under this section, distributed under s.
46.45(2)(a) or carried forward under s. 46.45(3)(a). The proposed budget
shall be submitted on a form developed by the department and approved
by the department of administration.
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