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 Wisconsin Statutes (Last Updated: January 10, 2017)
 Chapter 46. Social Services

  Section 46.485. Mental health services for severely emotionally disturbed children.  

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    (1)  In this section:
    (a) “Inpatient facility" has the meaning given in s. 51.01 (10) .
    (b) “Limited service health organization" has the meaning given in s. 609.01 (3) .
    (c) “Serious emotional disturbance" has the meaning given in 42 USC 290ff-4 (d) (4).
    (d) “Severely emotionally disturbed child" has the meaning given in s. 49.45 (25) (a) .
    (2g)  From the appropriation account under s. 20.435 (4) (b) , the department may in each fiscal year transfer funds to the appropriation account under s. 20.435 (5) (kc) for distribution under this section and from the appropriation account under s. 20.435 (7) (mb) the department may not distribute more than $1,330,500 in each fiscal year to applying counties in this state that meet all of the following requirements, as determined by the department:
    (a) Any of the following applies to the county:
    1. The county receives a grant under 42 USC 290ff to 290ff-4 for community mental health services for children with serious emotional disturbances.
    2. The county receives any grant for services to severely emotionally disturbed children.
    3. The county is in compliance with the requirements of s. 46.56 , except that the county need not receive funding under s. 46.56 (15) .
    (b) Any of the following applies to the county:
    1. The county submits to the department a plan that specifies the proposed use of funds to implement the program under this section, including, at the time of termination of funding under this section, enrollment of children served under the program in a limited service health organization that covers both inpatient and outpatient expenses.
    2. The county provides service coordination, as defined in s. 46.56 (1) (L) , on behalf of a child with a serious emotional disturbance and the child's family in the county.
    (3g)  The amount that the department may transfer under sub. (2g) for counties may not exceed the estimated state share of payments under s. 49.45 , 49.46 , 49.47 , or 49.471 for mental health care and treatment that is provided in inpatient facilities for children with severe emotional disturbances.
    (3m)  Funds that are distributed under sub. (2g) may be used for all of the following:
    (a) Mental health care and treatment, other than care and treatment under s. 51.35 (3) , in an inpatient facility for children with severe emotional disturbances.
    (b) Community mental health services for children with severe emotional disturbances.
    (3r)  Funds from the appropriation account under s. 20.435 (5) (kc) that the department does not distribute to a county before 24 months after June 30 of the fiscal year in which the department allocated the funds to the county under sub. (2g) lapse to the appropriation account under s. 20.435 (4) (b) . A county may at any time expend funds that the department distributes to the county, consistent with the requirements under sub. (3m) .
    (4)  The county receiving funds under sub. (2g) is not liable for payment for any care and treatment of the type authorized to be paid under sub. (3m) that is above the amount transferred under sub. (2g) (intro.) .