c. To reimburse a case management provider for the amount of allowable charges
that is not reimbursed by the federal government (the nonfederal portion), that is,

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approximately 40%, for MA case management services provided to a MA beneficiary who
is part of the target population that is defined in the bill as a "case".

d. To pay up to $1,500 per grant year for expenses incurred in connection with
attending training activities that are related to the program created by the bill.

The minimum amount of a prevention grant under the bill is $10,000. DHFS must
determine the remaining amount of a prevention grant awarded to a county or Indian
tribe based on the MA-eligible population of the county or Indian tribe in proportion to
the MA-eligible population of other counties or Indian tribes to which prevention grants
are awarded.

5. The general purpose revenue (GPR) appropriation for MA is increased to enable
DHFS to reimburse providers for the nonfederal portion for MA case management
services that are provided to members of families who are part of the home visitation
program created in the bill. Milwaukee County is not eligible for the reimbursement for
the nonfederal portion of MA for the case management services provided as part of the
home visitation program.

DHFS is also required to expend certain amounts from the federal program
revenue appropriation for MA to reimburse providers for the amount of the allowable
charges that is reimbursed by the federal government for case management services
which are provided to: (a) members of families who are part of the home visitation
program created in the bill; and (b) persons who are defined in the bill as "cases" for whom
a county or Indian tribe uses prevention grant funds to reimburse a case management
provider for the nonfederal portion of allowable charges for case management services.

6. If there are more applicant counties and Indian tribes that meet the minimum
criteria for selection (as discussed in item 7., below) than can be selected in a particular
state fiscal biennium, DHFS must make the selection based on a method to be established
by DHFS for ranking applicants based on the quality of their grant applications. In
ranking the applications submitted by urban counties in the 1997-99 state fiscal
biennium, DHFS must give favorable consideration to a county that has indicated a
willingness to participate in the evaluation described in item 9., below.

7. A county or Indian tribe must meet certain criteria as set forth in the bill for
selection to participate in the program. DHFS is authorized to establish criteria in
addition to the criteria set forth in the bill. The following criteria are set forth in the bill:

a. Home visitation programs. The home visitation programs in the selected
counties and Indian tribes must have the following characteristics:

(1) The programs must select first-time parents who are eligible for MA to undergo
a risk assessment for child abuse and neglect. The assessment must be initiated, if
possible, during the prenatal period or as soon after the birth of the child as possible.

(2) The risk assessment tool to measure the parent's risk of perpetrating child
abuse and neglect must be developed by DHFS, by rule.

(3) Persons who are assessed to be at risk for perpetrating child abuse and neglect
must be offered the opportunity to participate in the home visitation program.
Participation in the program is voluntary on the part of an individual who is selected to
undergo the risk assessment.

Further, persons who are not first-time parents or who are not eligible for MA may
request the risk assessment and may be allowed to participate in the home visitation
program. Funding for reimbursement of the nonfederal portion of MA for case
management services for those participants, however, is not provided under the bill nor
are those participants eligible for flexible fund payments as described in item b., below.

(4) Services may be provided until the identified child in the family reaches 3 years
of age (or 5 years of age when risk factors for child abuse and neglect continue to be
present in the family).

(5) The county or Indian tribe must include certain information in the grant
application, including information on how the applicant's home visitation program is

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comprehensive and incorporates practice standards that have been developed for home
visitation programs by entities concerned with the prevention of child abuse and neglect.

b. Flexible funds. The county or Indian tribe must have established, or must
demonstrate that, if it is selected, it has plans to establish, 2 flexible funds from which
appropriate, authorized payments may be made as follows:

(1) A flexible fund from which payments totaling not more than $500 (or a greater
amount when adjusted for inflation) per calendar year may be made for appropriate
expenses of each family participating in the home visitation program under s. 46.515 (4)
(b) 1., stats., as created by the bill (that is, those first-time, MA-eligible parents who are
selected for risk assessment, who undergo the assessment, who are found to be at risk of
perpetrating child abuse or neglect and who are offered and accept home visitation
program services), or under s. 49.45 (44), stats., (that is, those individuals in Milwaukee
County who are receiving prenatal and postpartum care coordination services and care
coordination services for children who have not attained 7 years of age). Payments must
be authorized by an individual whom the county or Indian tribe has designated to
authorize such payments. The county or Indian tribe must provide an equal cash match
for payments made from this flexible fund.

(2) A flexible fund from which payments totaling not more than $500 (or a greater
amount when adjusted for inflation) may be made for appropriate expenses of each "case"
as described in item 8., below. Payments must be authorized by an individual whom the
county or Indian tribe has designated to authorize such payments.

c. Case management benefit. The county or Indian tribe must have elected, or
state that, if selected, it will elect, to make the MA case management benefit available
to MA beneficiaries described in s. 49.45 (25) (am) 9., stats., that is, "a member of a family
that has a child who is at risk of serious physical, mental or emotional dysfunction, as
defined by [DHFS]". This election is necessary in order for the county or Indian tribe to
make MA case management benefits available to individuals who are defined in the bill
as "cases", as described in item 8., below. The county or Indian tribe is responsible for
reimbursing the case management provider for the nonfederal portion of the allowable
charges for those MA case management services provided to "cases". In contrast, as noted
in item 5., above, DHFS must reimburse the case management provider for the
nonfederal portion of the allowable charges for MA case management services provided
to those persons participating in the home visitation program created by the bill.

d. Wraparound process. The county or Indian tribe must demonstrate in the grant
application how payments that will be made from the flexible fund for "cases" and how
MA case management services provided to the target population defined as "cases" will
promote the provision of services for these "cases" using a wraparound process to provide
services in a flexible, comprehensive and individualized manner in order to reduce
court-ordered services.

e. Anticipated allocation. The county or Indian tribe must explain in the grant
application how the applicant anticipates that grant moneys will be allocated between
the 2 flexible funds described in item b. (1) and (2), above, and the reimbursement of the
nonfederal portion of MA case management services provided to "cases", as described in
item c., above.

8. The target population, defined as a "case" in the bill, for whom one of the flexible
funds and the MA targeted case management services apply (although the latter benefit
applies only with respect to persons in the target population who are MA beneficiaries)
is a family or person who meets all of the following criteria:

a. The family or person is any of the following: (1) a family or person who has been
the subject of a child abuse and neglect report under s. 48.981, stats., and with respect
to whom the individual making the investigation or the intake worker assigned to the
family or person has determined that all of the conditions in item b., below, exist; (2) an

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Indian child who has been the subject of a child abuse and neglect report about which an
Indian tribe that has been awarded a prevention grant has received notice, including but
not limited to notice provided to a tribal agent under s. 48.981 (3) (bm), stats., and with
respect to whom an individual designated by the Indian tribe has determined that all of
the conditions in item b., below, exist; or (3) a family that includes a person who has
contacted a county department of human services or county department of social services
(county department) or an Indian tribe requesting assistance to prevent abuse or neglect
of a child in the person's family and with respect to which the individual responding to
the request determines that all of the conditions in item b., below, exist.

b. The family or person has been determined to meet all of the following conditions:
(1) there is a substantial risk of future abuse or neglect of a child in the family if assistance
is not provided; (2) the child and child's parent or the person primarily responsible for the
child's care are willing to cooperate with an informal plan of support and services; and
(3) it does not appear that a petition alleging that a child in the family is in need of
protection or services (CHIPS) will be filed in juvenile court and, if an Indian child is
involved, it also does not appear that there will be a similar proceeding in tribal court
relating to abuse or neglect of the Indian child.

9. DHFS is required to designate 2 of the urban counties selected for the home
visitation program in the 1997-99 state fiscal biennium to participate in an evaluation
of the home visitation program. DHFS must select the evaluator for the program and
apply for private funding for the evaluation. If DHFS is unable to obtain private funding
for the evaluation, it must submit a request to the joint committee on finance for
consideration of funding under the procedures set forth in ss. 13.10 and 13.101, stats.
Persons who have been assessed to be at risk of perpetrating child abuse and neglect will
be randomly assigned to control and treatment groups. Control group members will not
receive home visitation program services, while treatment group members will receive
those services. The bill sets forth criteria that must be measured in the evaluation for
both the control and treatment groups.

The bill also requires the counties and Indian tribes which are awarded prevention
grants but which are not participating in the evaluation to collect data on the same
criteria which will be evaluated for the 2 urban counties and to submit the data to DHFS.

10. If the federal bureau of health care financing disallows reimbursement for case
management services provided to MA-eligible participants in the treatment group,
DHFS must apply for private funding to replace this disallowed funding in order to
operate the home visitation program in these urban counties during the 2-year period
in which the evaluation is being conducted.

11. A new appropriation to DHFS is created from which DHFS is to provide
technical assistance and training to the counties and Indian tribes that are awarded
prevention grants. Additional positions are not created at DHFS. Thus, it is anticipated
that DHFS will contract with others to provide most of this technical assistance and
training, as set forth in attachment 1 to Legislative Council staff Child Abuse and Neglect
memo no. 20, Summary of Recommendations Relating to Providing Technical Assistance
and Training (April 24, 1997).

Nonprofit fund-raising corporation

Under current law, the child abuse and neglect prevention board (the board) is
authorized to solicit and accept contributions, grants, gifts and bequests (contributions)
for the children's trust fund (CTF) or for other purposes. [s. 48.982 (2) (d), stats.] Under
current law, moneys received for the CTF as a contribution under s. 48.982 (2) (d), stats.,
may be deposited in the appropriation account under s. 20.433 (1) (q) or (r), stats., as
described below. [s. 48.982 (2) (d), stats.]

Moneys accepted by the board for the CTF are to be used, in accordance with the
donor's wishes, to do any of the following:

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1. Award grants for child abuse and neglect prevention programs, early childhood
family education centers and right from the start projects.

2. Pay for actual and necessary operating costs of the board.

3. Fund any statewide project for which the board has accepted money. [s. 48.982
(2m), stats.; see also s. 25.67 (1), stats.]

Under current law, the CTF consists of all moneys received for the CTF by the board
under s. 48.982 (2) (d), stats. [s. 25.67 (2), stats.] All moneys in the CTF that are not
expended under s. 20.433 (1) (q), stats., must continue to accumulate indefinitely. [s.
25.67 (2), stats.] (Section 20.433 (1) (q), stats., is the appropriation from the CTF of all
moneys received as contributions to the CTF under s. 48.982 (2) (d), stats., less the
amounts appropriated under s. 20.433 (1) (r), stats. Section 20.433 (1) (r), stats., is the
appropriation from the CTF of the amounts in the schedule under s. 20.005, stats., for
actual and necessary operating costs of the board and for any statewide project under s.
48.982 (5), stats., for which the board has accepted money.)

Because a contribution to the CTF is made to the board, which is a governmental
entity, and because the contribution is made for exclusively public purposes, the
contribution may be deductible from the donor's income when calculating federal income
taxes and, if made by a corporation, when calculating Wisconsin income taxes. In
addition, depending on the amount of the contribution, an individual donor may be
eligible for a credit when calculating the donor's Wisconsin individual income tax.
Nevertheless, it appears that some potential donors may be reluctant to make
contributions to an organization that is not exempt from federal income tax under section
501 (c) (3) of the Internal Revenue Code.

This bill authorizes the board to organize a nonstock, nonprofit corporation for the
exclusive purpose of soliciting and accepting contributions for the CTF. Any contribution
accepted by the corporation must be deposited in the CTF. In accordance with the wishes
of the donor, the contributions must be used for any of the purposes set forth in s. 48.982
(2m), stats., as described above, or must continue to accumulate in the CTF.

The corporation is required to be organized in such a way that: 1) contributions to
the corporation will be deductible from the donor's income when calculating federal
income taxes and state income taxes (or, with respect to individuals and depending on the
amount of the contribution, applied as a credit when calculating the individual's state
income tax); and 2) the corporation will itself be exempt from state income taxes and
exempt from federal income taxes under section 501 of the Internal Revenue Code.

Under the bill, the board of directors of the corporation is required to consist of 5
members, to be drawn from the membership of the board. The bill requires the board to
enter into a contract with the corporation, allowing the board to make use of the
corporation's services and allowing the board to provide administrative services to the
corporation. The bill prohibits the corporation from employing staff or engaging in
political activities and requires that the corporation's records be open to the board, the
department of administration, the legislative fiscal bureau, the legislative audit bureau
and the appropriate legislative committees. In addition, the bill requires the corporation
to donate real property to the state within 5 years after acquiring the property, unless
continued holding of the property by the corporation is approved by the joint committee
on finance.

Further, the bill specifies that, in addition to the moneys received by the board for
the CTF, the CTF also consists of moneys received by the corporation for the CTF. The
bill also amends one of the appropriations for the CTF to include contributions for the
CTF received by the corporation.

Early childhood family education center grants

Under current law, the board must award grants under s. 48.982 (6), stats., for
early childhood family education center programs. The board must award these grants
to organizations for programs that provide parenting education services but not crisis
intervention. Current law also provides that the grants must be used for direct parent

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education and referrals to other social service programs and outreach programs,
including programs that provide education to parents in their homes. Further, programs
that are supported by grants must track individual clients to ensure that they receive
necessary services and must emphasize direct services to families with children who are
3 years of age or less.

This bill provides that, for organizations applying for early childhood family
education center grants for the first time on or after the effective date of the bill, the board
must give favorable consideration in awarding grants to organizations for programs in
communities where home visitation programs are in existence or are in development. In
addition, if grants are awarded, the programs supported by the grants must maximize
coordination of the early childhood family education center programs with the home
visitation programs that are in existence or in development.

Domestic abuse training

Under current law, DHFS and county departments are required, to the extent
feasible, to conduct continuing education and training programs for staff of DHFS, county
departments and tribal social services departments, persons and officials required to
report suspected or threatened child abuse or neglect, the general public and others as
appropriate. The programs must be designed to encourage reporting of child abuse and
neglect, to encourage self-reporting and voluntary acceptance of services and to improve
communication, cooperation and coordination in the identification, prevention and
treatment of child abuse and neglect.

This bill requires that those education and training programs that are provided for
staff of county departments and licensed child welfare agencies under contract with
county departments whose responsibilities include the investigation or treatment of child
abuse and neglect also be designed to provide information on means of recognizing and
appropriately responding to domestic abuse, as defined in s. 46.95 (1) (a), stats. (Section
46.95 (1) (a), stats., provides that "domestic abuse" means "physical abuse, including a
violation of s. 940.225 (1), (2) or (3), [sexual assault] or any threat of physical abuse
between adult family or adult household members, by a minor family or minor household
member against an adult family or adult household member, by an adult against his or
her adult former spouse or by an adult against an adult with whom the person has a child
in common.")

Current law requires that each staff member and supervisor of a county
department or licensed child welfare agency under contract with a county department
whose responsibilities include investigation or treatment of child abuse and neglect
successfully complete training in child abuse and neglect protective services approved by
DHFS. DHFS is required to monitor compliance with this requirement under
administrative rules promulgated by DHFS. Furthermore, current law requires that
DHFS make training programs available each year that satisfy this training
requirement.

This bill requires that this training include information on means of recognizing
and appropriately responding to domestic abuse, as defined in s. 46.95 (1) (a), stats.