46.272 Children’s community options program.

1,354 words·~6 min read·/wi/chapter-46/46-272-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Child” means a person under 22 years of age who is not eligible to receive services in or on a waiting list for an adult long-term care program.

(b)“Disability” means a severe physical, developmental, or emotional impairment which is diagnosed medically, behaviorally, or psychologically, which is characterized by the need for individually planned and coordinated care, treatment, vocational rehabilitation, or other services and which has resulted or is likely to result in substantial limitation on the ability to function in at least 2 of the following areas, equivalent to nursing home, hospital, or institution for mental disease level of care:

1. Self-care.

2. Receptive and expressive language.

3. Learning.

4. Mobility.

5. Self-direction.

(c)“Hospital” has the meaning provided in s. 50.33

(2).

(d)“Institutional setting” means a nursing home, as defined in s. 50.01

(3), a state-operated long-term care facility, or any other residential facility that provides long-term care to children outside of a home.

(e)“Residence” means the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation. Physical presence shall be prima facie evidence of intent to remain.

(f)“State-operated long-term care facility” means a state center for the developmentally disabled and a Wisconsin veterans home operated by the department of veterans affairs under s. 45.50 .

(g)“Voluntary” means according to an individual’s free choice, if competent, or by choice of his or her parent or guardian, if the individual is adjudicated incompetent or is a minor.

(2)Departmental duties. The department shall do all of the following to establish a children’s community options program:

(a)Review and approve or disapprove the selection of a county department to administer the children’s community options program.

(b)In consultation with representatives of counties; programs that provide community-based services to children or families, other publicly funded programs, and the social services, mental health, and developmental disabilities programs under ss. 46.495 , 51.42 , and 51.437 ; the independent living center program under s. 46.96 ; and the Medical Assistance program under subch. IV of ch. 49 ; and with recipients of children’s community support services, develop guidelines for implementing the program and criteria for reviewing community options plans from counties participating in the program under this section. The guidelines and criteria shall address cost-effectiveness, scope, feasibility and impact on the quality and appropriateness of health services and social services and shall provide counties with maximum flexibility to develop programs that address local needs.

(c)Review and approve or disapprove the community options plan of each county participating in the children’s community options program.

(d)Require that a county, by use of a form provided by the department or other appropriate procedure, ensure that persons receiving services under this section meet the eligibility requirements for the children’s community options program.

(e)Periodically monitor the implementation of the children’s community options program.

(f)Review and approve or disapprove the terms of risk reserve escrow accounts created under sub.

(f)and approve or disapprove disbursements for administrative or staff costs from the risk reserve escrow accounts.

(4)Duties of participating county departments. Each participating county department shall do all of the following:

(a)Appoint members to an advisory committee or appoint an existing committee in the service area as the children’s community options advisory committee to assist in developing the program plan and to monitor the program. The committee shall include, but need not be limited to, the following members:

1. Parents of children with disabilities including, if possible, parents from families that participate in the children’s community options program. To the maximum extent possible, the parents shall be representative of the various disability, racial, and ethnic groups in the service area. The members specified under this subdivision shall constitute a majority of the membership of the committee.

2. Persons from the service area representing the county department under s. 46.23 , 51.42 , or 51.437 and the county department under s. 46.215 or 46.22 , school districts, and local health departments, as defined in s. 250.01

(4). At least one of the committee members selected under this subdivision shall be a person providing community social services to children with disabilities who are eligible for the program.

3. Persons in the service area who provide social or educational services to children who have disabilities other than the providers specified in subd. 2.

(b)Cooperate with the committee appointed under par.

(a)to prepare a program plan. The program plan shall include all of the following:

1. A description of the proposed program operations.

2. The estimated number of families that will be assessed and served.

3. A list of specific groups, if any, that will be given priority for available funding.

4. A description of the outreach procedures that will be used to ensure that the program will be made available to children with physical, emotional, and developmental disabilities.

5. The procedures that will be used to determine family needs.

6. A description of the methods that will be used for the development and monitoring of service plans and for coordinating the provision of services and goods to participating families.

7. A description of the methods that will be used to promote the creation of informal support and advocacy systems for families.

8. A description of the method that will be used to monitor the children’s community options program.

(c)Submit the proposed program plan to the department upon approval by the children’s community options program advisory committee.

(d)Administer the program or contract with a human service agency in the service area to administer the program within the limits of state and federal funds under subs.

(13)and

(14).

(e)In conjunction with the county department under s. 46.215 or 46.22 , if any, in the service area and with the administering agency, if it is not the county department under s. 46.23 , 51.42 , or 51.437 , coordinate the administration of the program with the administration of other publicly funded programs that serve children who have disabilities.

(f)Submit all information and reports required by the department.

(5)Powers and duties of a private nonprofit agency. The department may contract with a private nonprofit agency for services under this section. The agency shall have the powers and duties under this section of a county department designated to administer the program.

(6)Duties of counties or agencies. Each county or each agency under contract under sub.

(5)shall:

(a)Cooperate in the development of the program plan under sub.

(b).

(b)Provide information about the program and other programs for children who have disabilities to families in the service area.

(c)Implement the program in accordance with the program plan.

(d)Designate one of its employees as the coordinator for each participating family.

(7)County department duties. The county department selected to administer the children’s community options program shall:

(a)Organize assessment activities specified in par.

(f)and sub.

(8). The county department shall utilize persons for each assessment who can determine the needs of the child being assessed and who know the availability within the county of services. The county department shall coordinate the involvement of representatives from the county departments under ss. 46.215 , 46.22 , 51.42 and 51.437 , and health service providers in the assessment activities specified in sub.

(8), as well as the child being assessed and members of the child’s family or the child’s guardian.

(b)Within the limits of state and federal funds allocated under sub.

(13), arrange service contracts under s. 46.036 and ensure the provision of necessary long-term community support services for each child who meets the criteria for services under the children’s community options program.

(c)Within the limits of state and federal funds allocated under sub.

(13), provide for ongoing care management services in accordance with the requirements established under sub.

(b)1. , periodic case plan review and follow-up services for any child receiving community support services under the children’s community options program.