TITLE VII. Charitable, Curative, Reformatory And Penal ... · tures, facilities and permanent improvements. 46. 036 Purchase ofcareand services. 46. 037 Rates for residential child

1017 SOCIAL SERVICES 46.001

SOCIAL SERVICES

developmental disability, mental infirmity, de-linquency, crime and other forms of social mal-adjustment by a continuous attack on causes ; toprovide effective aid and services to all personsin need thereof and to assist such persons toachieve or regain self-dependence at the earliestpossible date; to provide a just, humanee and

46 .001 Purposes of chapter. The purposesof this chapter are to conserve human resourcesin Wisconsin ; to provide a just and humaneprogram of services to children in need of pro-tection or services and children born out ofwedlock; to prevent dependency, mental illness,

TITLE VII.

Charitable, Curative, Reformatory And Penal Institu-tions And Agencies .

CHAPTER 46

46 .001 Pu r poses of chapter .46011 Defi nitions. . :46 .014 Secr etary , powers and duties.46016 Co-operation with federal gove rnment .46017 Leg al act i ons .46018 D isbur s ement of funds and facsimile s ignatures .46 , 02 Agency p owers and dutie s46 . 03 Department;, powers and duties.

`46 031 County soci al service and mental hygiene planningand budgeting ,

46032 Income maintena nce adminis tration .46033 , Authori ty to e s t abli sh services integ ration and coor-

di nation pil ot pr'ogr 'ams..46035 Depar tment , addit ional power s to provide s truc-

tur es, facilities and permanent improvements .46 . 036 Pur chase of care and services .46 . 037 Rates fo r resident ial chil d caring centers ..46041 Children 's consultation serv ice; establ ishment;

pu rposes .46,042 Treatment program for emotio nally disturbed

children,46,0413 Wiscons in co rrection al reception and tr eatment

center.46 044 State psychiatric institute.46045 Community cor rectional res idential center's .46046 Wis consin co rrectional camp sys tem. .46047 Medium securit y prison.46048 Central Wiscons i n cente r for the developmentally

dis abled .46049 Traini ng s chool for delinquent boys .46 .05 Bonds of employes ; police powers; i nvestigation of

comp laints .4606 Lands; condemnation , easements, leas es, sales,

pur chases .46062 Payment fo r' damaged employe clothing, etc .46064 Cl i en t wages , allowances and r elease payments. .46065 Wages to pr isoners ,46066 Freedom of wo r ship ; religious mi n istration

4607 Property of inmates andd probationers; deposit anddistribution ,

4608 Audits and estimates of expenditures of institutions . .4609 Purchases, bills , audits, payments ..46 10 Cost of care and maintenance, liability; collection

and deportation counsel ; collections ;; court ac-tions; r ecovery.

46 106 Maintenance; state and county liability; legalsettlement .

46 11 Transfer of inmates .46 . 115 Sick inmates ; transfer to state hospital ; treatment ,46. 13 Wassermann tests46 . 14 Reports of state institutions .46 15 Institutions subject to chapter 150 .4616 General supervision and inspection by department .46 17 County buildings ; establishment, approval,

inspection .46 .. 1 ' 75 County institutions : minimum standards.46 18 Trustees of county i nstitutions :46. 19 Officers and employee of county institutions. .4620 Joint county institutions .46,205 County home in adjoining county .46206 Welfare services ; supervisory functions of state

department,4621 County board of public welfare in populous counties . .4622 County public welfare department4623 `Community human se rvices board.4625 Child support and establishment of paternity

program46 . . .36 Sewer `r system at 7aycheedah correctional

institution46 .37 Certain water and sewerage service in Winnebago

county ,4650 State mental health authority ,46 . 80 Aging .46 . . 85 . Senior companion program4690 Displaced homemakers act ,

efficient p rogram for the rehabilitation of juve-nile delinquents and other offender s ; to avoidduplication and waste of effort and money onthe part of public and private agencies ; and tocoordinate and integrate a social welfa reprogram .

History: 1977 c 354 .

46.011 Definitions. In chs . 46 to 58 , unlessthe context requires othe rwise :

(1) "Department " means the department ofhealth and social se rvices..

(2) "Prisoner" means any person who iseithe r arrested, incarcerated, imprisoned or ,otherwise detained in excess of 12 hours by anylaw enforcement agency of this state, exceptwhen detention is pursuant to s , 51.15, 51 .20 ,51,45 (ii) (b) or 55,06 ( ii) (a) .

(3) "Secretary " means the secreta ry ofhealth and social services,

(4) "State health planning agency" has themeaning designated under s . 150.001 (13) .

History : 1975 c.. 39, 430 ; 1977 c.. 29

46.014 Secretary, powers and duties. (1)INVENTORIES, On of before July 1 in each year',the secretary shall cause full and complete in-ventories and appraisals to be made of all theproperty of each institution administered by thedepartment , which shall be recorded andd soclassified as to show separately the amount, kindandvalue of such property .

(2) VISITATION . The secretary shall causeeach of said institutions to be visited and in-spected at least once a month to ascertainwhether, the officers and employes therein arecompetent and faithful in the discharge of theirduties, all inmates properly cared for and gov-erned, all accounts, books and vouchers properlykept, and all the business affairs properlyconducted .

(3) POWERS AND DUTIES . The secretary shallplan for and establish within the department aprogram of research designed to determine theeffectiveness of the treatment, curative and re-habilitative prog rams of the various institutionsand divisions of the department . The secretarymay inquire into any matter affecting socialwelfare and hold hearings and subpoena wit-nesses and make recommendations to the appro-priate agencies , public or, private, thereon .

History: 1975 c . 39 .

46.016 Co=operation with federal govern-merit. The department may co-operate with theUnited States in carrying out federal acts con-cerning public assistance, social security, childwelfare and youth services, mental hygiene andcorrections , services for the blind , vocational

46.03 . Department , powers and duties .The department shall :

(1) IrrsriTUrtoris GOVERNED, Maintain andgovern the Mendota and the Winnebago mentalhealth institutes, the central state hospital, theOakhill correctional institution, the Wisconsincorrectional reception and treatment center, theWaupun correctional institution, the Fox Lakecorrectional institution, the Green Bay correc-tional institution, the Taycheedah correctionalinstitution, the Wisconsin correctional campsystem, the Wisconsin treatment institution, theEthan Allen school, the Kettle Moraine correc-tional institution, the Lincoln hills school, theBlack River camp, the Wisconsin workshop forthe blind and the centers for the developmen-tally disabled -NOTE : This section is shown a s amended b y chapter 418,

laws of 1977, section 287, effective July 1, 1979. Ch. 418 alsoprovide s, in section 924 (18) (d) 3 , that "Dodge correctionalinstitution" is substituted for "central state hospital", effectiveJanuary 1 , 1981.

(2) SUPERVISION OVER PROPERTY. Super-vise,, manage, preserve and care for the build-ings, grounds and other property pertaining tosaid institutions, and promote the objects for,which they are established,

46 .001 SOCIAL SERVICES 1018

rehabilitation, and in other matter's of mutualconcern pertaining to public welfare,

46.017 Legal actions. The department maysue and be sued

46.018 Disbursement of funds and fac-simile signatures. Withdrawal or disburse-ment of moneys deposited in a public depository,as defined in s, 34 .01 (2), to the credit of thedepartment or any of its divisions or agenciesshall be by check signed by the secretary or byone or more persons in the department desig-nated by written authorization of the secretary ;such checks to be signed personally or by use of amechanical device adopted by the secretary orhis designees for affixing a facsimile signature .,Any public depository shall be fully warrantedand protected in making payment on any checkbearing such facsimile signature notwithstand-ing that the same may have been placed thereonwithout the authority of the secretary or, hisdesignees..

46 .02 Agency powers and duties . Any in-stitution which is subject to this title and toregulation under ch . 150 shall, in cases of con-flict between this title and ch. 150, be governedby ch. 150 . . The department shall establish rulesand procedures for resolving any suchcontroversy .

Hi story: 1977 c . 29 .

(b) Supervise the custody and di scipline ofall prisoners and the maintenance of ' state penaland correctional institutions and the industriestherein,

(c) Administer parole and probationmatters .

(d) If requested by the governo r, make rec -ommendations as to pardons or commutations ofsentence..

(e) Examine all institutions authorized bylaw to receive and detain witnesses or prisonersor convicted persons and places of juvenile de-tention, and inquire into their methods and themanagement of persons therein, and examinethe condition of buildings and grounds and otherproperty connected with any such institutionand all matters relating to its management . .

(f ' ) Direct the aftercare of and supervise alldelinquents under its jurisdiction and exercisesuch functions as it deems appropriate for theprevention of crime and delinquency .

(g) Direct the penal and correctional psychi-atric service in all correctional and penal institu-tions, making its services available to thosecommitted to the department as delinquent chil-dren or as convicted criminals .

(h) Direct the educational programs in allcorrectional schools and correctional and penalinstitutions .

(7) CHILDREN AND YOUTH . (a)Promote theenforcement of laws for the protection of devel-opmentally disabled children, delinquent chil-dren, children in need of protection or servicesand children born out of wedlock ; and to this endcooperate with courts assigned to exercise, jucis-diction under ch. 48 and licensed child welfa r eagencies and institutions (public and private)and take the initiative in all matters involvingthe interests of such child ren where adequateprovision therefor has not already been made ..

(b) When notified of the birth or expectedbirth of a child born or likely to be born out ofwedlock, see to it (through advice and assistanceto the mother or, independently) that the inter-ests of the child are safeguarded, that steps aretaken to establish its paternity and that there issecured for the child (as near' as possible) thecare, support and education that would be givenif legitimate.

(c) Administer the laws relating to child carecenters, day nurseries and nursery schools .

(cm) Promote the establishment of adequatechild care facilities in this state by providingstart-up giants to newly operating day carefacilities under rules established by thedepartment.

(8) PUBLIC ASSISTANCE . Administer publicassistance, as provided in chapter 49 .

(2a) GIFTS, The department mayy acceptgifts, grants or donations of money or of prop-erty from private sources to be administered bythe department for the execution of its func-tions . All moneys so received shall be paid intothe general fund and are appropriated there-from as provided in s . 20.435 (9) (i) .

(3) TRUSTEE DUTY. Take and hold in trust(whenever it deems acceptance advantageous)all property transferred to the state to be appliedto any specified purpose, use or benefit pertain-ing to any of the institutions under its control orthe inmates thereof, and apply the same inaccordance with the trust ; and when ordered bythe court, act as trustee of funds paid for thesupport of any child in a proceeding under ss .52..211 to 52 .45 .

(4) EDUCATION AND PREVENTION . (a) De-velop and maintain such programs of educationand prevention as it deems proper .

(b) 1. The department, in order to dischargemore effectively its responsibilitiess under chs . 46and 48 and other, relevant provisions of thestatutes, is authorized to study causes and meth-ods of prevention and ti eatment of juveniledelinquency,, mental illness, mental deficiency,mental infirmity, and related social problems,including establishment of demonstrationprojects to apply and evaluate such methods inactual cases . The department is directed andauthorized to utilize all powerss provided by thestatutes, including the authority under sub.(2a), to accept grants of money or'. propertyfrom federal, state or private sources, and toenlist the co-operation of other appropriateagencies and state departments ; it may enterinto agreements with locall government subdivi-sions, departments and agencies for the jointconduct of such projects ; and it may purchaseservices when deemed appropriate

(5) MENTAL HYGIENE, (a) Execute the lawsrelating to the custody, care and treatment ofmentally ill, mentally infirm and mentally defi-cient persons, inebriates and drug addicts . Itshall examine all institutions, public and private,authorized to receive and care for such persons,and inquire into the method of government andthe management of persons therein, and ex-amine into the condition of buildings, groundsand other property connected with any suchinstitution and into ;o matters relating to itsmanagement.

(b) Direct the psychiatric field work, after-care and community supervision and exercisesuchh powers in relation to prevention as thedepartment deems appropriate .

(6) CORRECTIONS,, (a) Execute the lawsrelating to the detention, reformation and cor-rection of delinquents .

1019 SOCIAL SERVICES 46 .03

provide as an alternative to pro viding such ca reand services itself.,

(b) To pu rchase or provide in full or in partthe care and services which county agencies mayprovi de o r purchase unde r any statute and to sellto county agencies such portions thereof as thecounty agency may desire to pu rchase .

(c) To contract with public , private or volun-tary agencies for the purchase of care andservices for persons committed or sentenced to astate correctional or penal institution, placed onprobation to the department b y a court ofrecord , or released from a state correctional orpenal institution . Services shall include , but arenot limited to , diagnostic services , evaluation ,treatment , counseling , referral and information ,day care, inpatient hospital i zation, transporta-tion , recreation, special education , vocationaltraining , work adjustment, sheltered employ-ment , special living arrangements and legal andprotective services .

(18) UNIFORM FEE SCHEDULE, LIABILITYAND COLLECTIONS. (a) The department shallestablish a uniform system of fees for servicesprovided or purchased by the department, acounty department of public welfa re or social

7,services or a board under s . 51 . 42 or 51437,except for services relating to adoption , or ser-vices provided to courts , for provision of childsupport and paternity establishment services torecipients of aid to families with dependentchildren or for outreach, information and r efer-ral services , or where as determined by thedepartment, a fee is administratively unfeasibleor would significantly prevent accomplishingthe purpose of the service . Fees collected by acounty department of public welfare or socialservices shall be applied by such department tocover the cost of such services . The depa r tmentshall report to the ,joint committee on finance nolater than January 31 of eachh year on thenumber of children placed for adoption by thedepartment and the costs to the state for servicesrelating to such adoptions .

(b) Any person receiving services provided orpurchased under par (a) or the spouse of suchperson and, in the case of a minor child , theparents of the person, shall be liable for suchservices in the amount of the fee establishedunder par., (a),

(c) The department shall make collectionsfrom the person who in the opinion of thedepartment is best able to pay , giving due regardto the present needs of the person or of his lawfuldependents. The department may bring actionin the name of the department to enforce theliability established under, par. (b) . This para-graph does nott apply to the recover y of fees forthe care and services specified under s . 46 . 10 ..

(9) BLIND PERSONS. Administer the Wiscon-sin workshop for the blind and perform otherfunctions prescribed in chapter 47,

(10) TRAINING STAFF . In its discretion, con-duct a training program of in-service trainingand staff development ; and, in co-operation witheducational institutions, provide facilities forwork experience for students, includingsubsistence .

(1 2 ) VOCATIONAL REHABILITATION . Exe-cute the laws relating to the vocational rehabili-tation of handicapped persons as provided insubch . II of ch . 47 .

(13) CHARGES. In compliance with the pro-visions of the compensation plan establishedpursuant to s.-230.12 (3) have authority tomake and determine charges for, meals, livingquarters, laundry and other services furnished toemployer of the several institutions and mem-bers of the employe's family maintained as such, .All moneys received from each and every personfor or on account of such services shall be paidwithin one week after receipt into the generalfund and shall be credited to the appropriationprovided for this purpose by ch . 20 .

(a) When a chaplain employed in any stateinstitution is not furnished a residence by thestate, $1,800 or 20 per cent of his salary, which-ever is greater, shall be deemed to constitute theamount to be paid to him in lieu of suchresidence .

(14) VENDING STANDS. Pursuant to rulesadopted establish and maintain a revolving fundnot exceeding $10;000 in any of the state institu-tions administered by the department, for theeducation, recreation and convenience of thepatients, inmates and employes, to be used forthe operation of vending stands, reading clubs,musical organizations, religious programs, ath-letics and similar projects . Such funds areexempt from s. 20 .906, but are subject to auditby the departmentand the legislative auditbureau in its discretion .

(15 ) COMMISSARY. Pursuant to its rules thedepartment may, with the approval of the gover-nor and the director of personnel, provide em-ployes in its institutions with laundry, food,housing and necessary furnishings .

(16) DRIVERS' EDUCATION . The departmentshall establish a drivers' education program inthe Ethan Allen School to provide drivers' edu-cation to inmates of the institution who areabout to become eligible to qualify for an opera-tor's license .

(17) PURCHASE OF CARE AND SERV ICES. Beempowered to contract with public or voluntaryagencies or other's :

(a) To purchase in full or in part care andservices which it is authorized by any statute to


(22) COMMUNITY LIVING ARRANGEMENTS.(a) "Community living arrangement" meansany of the following facilities licensed or oper-ated, or, permitted under the authority of thedepartment : child welfare agencies under s .48 . 60, gr oup homes for children under s .. 48.02(7s) [48 . 02 (7)] and community-based resi-dential facilities under s . 50 , 01 ; but does notinclude day care centers , nursing homes, generalhospitals, special hospitals, prisons and ,jails.

(b) Community living arrangements shall besubject to the same building and housing ordi -•nances, codes and regulations of the municipal-ity or county as similar residences located in thearea in which the facilit y is located ,

(c) The department shall designate a subunitto keep records and supply information on com-munity living arrangements under ss . 59 . 97(15) (f) , 60 .74 . (9) (f) and 62 . 23 (7) (i) 6 .The subunit shall be re sponsible for receiving allcomplaints regarding community living ar-rangements and for coordinating all necessar yinvestigatory and disciplinary actions under thelaws of this state and under the rules of thedepartment relating to the l icensing of commu-nity living arrangements .,

(d) A community living arrangement with acapacity for 8 or , fewer persons shall be a permis-sible usee for purposes of any deed covenantwhich limits , use of property to single -family or2-family residences. A community living ar-rangement with a capacity for 15 or fewerpersons` shall be a permissible use for, put-poses ofany deed covenant which limits use of propertyto more than 2-family residences .. Covenants indeeds which expressly prohibit use of propertyfor ' community living arrangements are void asagainst public policy ,

(e) ' If a community living arrangement isrequired to obtain special zoning permission , asdefined in s,' 59 .97 (15) (g) , the departmentshall , at the request of the unit of governmentresponsible for granting the special zoning per-mission , inspect the proposed facility and reviewthe program proposed for, the facility . Aftersuch inspection and review, the depa rtment shalltransmit to the unit , of gove rnment responsiblefor granting` the special zoning permission astatement that the proposed facility and itsproposed program have been examined and areeither approved or disapproved by thedepartment .

(23) UNIFORM MANUAL . . By July 1, 1976,adopt policies and procedures and a uniformcounty policy and procedure manual to mini-mize unnecessary variations between counties inthe administration of the aid to families withdependent children and social services pro-grams, The department shall also require each

(d) The department may compromise orwaive all or part of the liability for servicesreceived.. The sworn statement of the collectionand deportation counsel appointed under s .46.10 (7) or the department secretary, shall beevidence of the services provided and the feescharged for ' such services ..

(e) The department may delegate to countydepartments of public welfare or social servicesand other providers of care and services thepowers and duties vested in the department bypans . (c) and (d) as it deems necessary toefficiently administer this subsection, subject tosuch conditions as the department deemssappropriate.

(f) Notwithstanding par. (a), any pe r,sonwho submits to an assessment or rehabilitationplan under, s . 343.30 (l q) (a) or 343 . 305 (9)(a) shall pa y a reasonable fee therefor to theappropriate county department of public wel-fare , board under s. 51 . 42 or traffic safety schoolunder 6 .. .345 .60 . The fee may be reduced orwaived if the person is unable to p ay the com-plete fee, except that no fee for attendance at atraffic safety school under s . 345.60 may bereduced or waived .

(g) The department shall return to countydepartments of public welfare 50% of collec-tions made by the department on and afterJanuary 1 , 1978 , fo r delinquent accounts previ-ously delegated under par .. (e) and then referredback, to the department for collections .

(19) PROTECTIVE SERVICES . Administer thestatewide program of protective services underch . 55 .

(20) CHECK WRITING,, (a) The departmentmay make payments directly to recipients ofpublic assistance or to suchh persons authorizedto receive such payments in accordance with lawand rules of the department on behalf of thecounties . . The department may charge the coun-ties for- the cost of operating public assistancesystems which make such payments .

(b) The department may make social servicepayments directly to recipients , vendors or pro-viders in accordance with law and rules of thedepartment on behalf of the counties which havecontractss to have such payments made on theirbehalf.

(c) The county agency shall provide thedepartment with information which the depart-ment shall use to determine each person' s eligi-bility and amount of payment . The countyagency shall provide the department all neces-sary information in the manner prescribed bythe department.

(d) The department shall disburse from stateor federal funds or both the entire amount andcharge the county for its share under s , . 49 . :52 .


county to use such manuals in the administra-tion of these prog rams .

(24) COMPUTER REPORTING NETWORK, Pe-riodically report to the joint committee on fi-nance regarding progress made in implementingthe computer reporting network..

(25) UNIFORM REGULATION AND LICENSING ..The department shall p romulgate rules to estab-lish licensing and prog ram compliance stan-dards for care and residential facilit i es , hospi-tals, hotels,, restaurants and the vending of foodand beverages after due consideration of therelationship of a licen s ing code to other relatedlicensing codes, the need for uniform admini s -tration, the need to maximize the use of federalfunds and the need to encourage the develop-ment and operation of' needed facilities state-wide . In establishing licensing standardsdesigned to ensure that the facility qualifies forfederal financial participation, the departmentshall establish federal r egulations as the baserequirement .. The department may promulgatesuch additional health and safety standards as itdetermines to be in the public interest .

(26) DATA PROCESSING PROJECTS . Reporteach December 31 to the joint committee onfinance and the appropriate standing commit-tees on health and social services of each houseofthe legislature, as determined by the presidingofficer thereof, regarding the data processingprojects under development „ Thee report shallinclude :

(a) The schedule for implementation ;(b) Estimates of development and operating

costs ; and(c) Proposed methods of determining

cha rges for service where applicable.(27) EMERGENCY INPATIENT SERVICES ., The

department may provide emergency inpatientcare and services in any of its mental hygieneinstitutions to patientss or clients from countieswhen an emergency situationn arises if a boardestablished under s. 51 .42 or 51 .437 does nothave alternative inpatient services immediatelyavailable locally , Emergency inpatient care andservices necessary to ensure the health andsafety of the patient or client shall be only on atemporary basis, not to exceed 90 days . Duringthe period of emergency inpatient care andservices, the board established under s . 51,42 or51 . 437 shall develop or contract for either localservices or those available in contiguous coun-ties. The department may, with approval of thegovernor, hire temporary staff to care for pa-ti ents or clients under this section . The full costof emergency inpatient care under this sectionshall be reimbursed according to ss . 51 .42 (9)and 51 :437 { 12) .

History : 1971 c. 270 s. 104; 1973 c . 90;19'73 c. . 284 ss „ 2, 32 ;1973 a, 333 ; 1975 c.. 39, 82; 1975 c 189 s . 99 (1), (2) ; 1975 c .

46 .031 County social service and mentalhygiene planning and budgeting . (1) Co-ORDINATED PLANS AND BUDGET (a) Countypublic welfare departments organized under ss .46.22 and 49.51, mental hygiene boards organ-ized under s. 51 42, developmental disabilityboards organized under s„ 51,437 and commu-nity human service boards organized under s .46.23 shall annually submit a coordinated com-prehensive program plan and budget for servicesdirectly provided or purchased . Such plans andbudgets shall include provisions for services topersons identified as having long-term or recur-rent mental illness, as defined by the depart-ment . The coordinated plans and budgets shallinclude separate specific provisions for a contin-uum ofliving arrangements for the mentally ill,the developmentally disabled and alcohol andother drug abusers so that these persons may livein the least restrictive environment commensu-rate with their needs . Such coordinated plansand budgets shall be prepared in accordancewith sub. (2) and be submitted to the depart-ment by September 30 ofèach calendar year .

(b) The department, after consulting withrepresentatives of mental hygiene, developmen-tal disability, public welfare or social servicesand community human services program direc-tors, shall develop a uniform planning, budget-ing and review procedure, The department shalldesignate the most geographically appropriategrouping of public welfare departments andmental hygiene, developmental disability andcommunityy human services programs for coor-dinated planning and budgeting purposes, andmay require the submission of one coordinatedplan and budget from each geographical group-ing with the approval of the affected countyboards of supecvisars . The department shallmake available such planning, budgeting andreview procedures to county agencies by May 1of each year ;

(2) COORDINATED PLAN AND BUDGET DE-

vELOrMErrr . (a) Preparation. 1 . . The first stepin the establishment of` a program for- publicwelfare, mental hygiene, developmental disabil-ities and human services shall be the preparationof a plan which includes an assessment of need,an inventory of all existing resources and ser-vices and contains a plan for meeting the needsof the designated target population served by thecounty of counties making the plan . . The coordi-nated plan and budget shall also include the

46.03 SOCIAL SERVICES 1022

224, 37 ' 7, 413, 422 ; 19'17 c 29, 193 ; 19 77 c 196 s . 1 .31 ; 19 '77 c .203, 205, 2 7 1, 354 ; 1977 c. 418 ss. 287 to 289m, 924 (18 )(d) ; 1977 c 447, 449 .

See note to art I, sec . 7, citing 63 Atty . Gen . 1 '16 . .

shall be reported pursuant to procedures devel-oped by the department, and shall be in compli-ance with standards guaranteeing quality ofcare comparable to similar facilities .

3. The department shall revieww each coordi-nated plan and budget to , ensure uniform costaccounting of services . The department shallapprove the budget , unless it determines, afterreasonable notice, that the budget includes pro-posed expenditures inconsistent with the pur-poses of s. 46 .21, 46 .. 22, 46.23, 51 .42 or 51 .437 .The joint committee on finance may require thedepartment to submit contracts between boardsestablished under such sections and providers ofservice to the committee for review andapproval .

4. After the budget of a board establishedunder s. 46,,21,46.22,46.23,51 .42 or 51 .437 hasbeen approved, the department, after reasonablenotice, may withhold a portion of the appropria-tion allocable to any such board i f the depart-ment determines that such portion of the alloca-ble appropriation :

a . Is for services which duplicate or are incon-sistent with services being .g provided orpurchased by the department or other countyagencies receiving grants-in-aid or reimburse-ment from the department ; "

b. Is inconsistent with state or federal stat-utes, rules : or regulations ;

c.. Is for the treatment of alcoholics in treat-ment facil i ties which have not been approved bythe department in accordance with s . 51 . 45 (8) ;

d . . Is for inpatient treatment in excess of anaverage of 28 days, as defined in s . 51 .42 (8)(L); excluding care for patients at the centersfor the developmentally disabled ;

e . Is for services not approved by the depart-ment except as provided under subd , 2.

5. If the department withholds a portion ofthe allocable appropriation pursuant to subd „ 4,the board affected by the actionn of the depart- .

` ment may submit for departmental approval anamendment to its coordinated plans and budgetto rectify the deficiency found by thedepartment .

(3) ' ADVISORY COMMITTEE. The countyboard of supervisors of each county or theboards of 2 or more counties jointly may estab-lish an advisory committee to advise in theformulation of the coordinated plan and budgetunder this subsection for presentation to thecounty boa r d or boards establishingg the commit-tee. Membership on the committee shall bedetermined by the county board or board ofsupervisors establishing it and shall include rep-resentatives of those persons receiving services,providers of service and citizens .. The commit-tee's membership may not consist of more than25% county supervisors. For boards created

est ablishment of long- range goals andintermediate-range plans : detail ing prioritiesand estimated costs and providing for coordina-tion of local services and continuity of care .

2 . All coordinated plans and budgets requiredunder sub. (1) shall provide for continuousplanning, development and evaluation of pro-grams and services for all population groups .

(b) Approval. 1. A coordinated plan andbudget shall be submitted to the county board ofsupervisors or its designated agent for reviewand preliminary approval for submission to thedepartment. If the county board of supervisorsor its designated agent does not approve a coor-dinated, plan and budget forr submission to thedepartment, the board or its designated agentshall state specific reasons for its rejection andneed not preliminarily approve the coordinatedplan and budget for submission to the depart-ment until objections are satisfied . Thee countyboard of supervisors 'or its designated agent orcombination of county boards or their desig-nated agents shall submit the coordinated planand budget to the department by September 30of each calendar year for its review and ap-proval . After the department 's review and ap-proval of the coordinated plan and budget, thedepartment shall return the coordinated planand budget to the county board of supervisors orcombination of county boards for its final reviewand approval . The department shall also submitto the county board or combination of countyboards a proposed written contract incorporat-ing the coordinated plan and budget as approvedby the department and such other administra-tive requirements as necessary . The proposedcontract shall contain the approved budget andthe allocation of funds as determined by theapproved coordinated plans and budgets .. Thecontract as approved may contain such condi-tions of participation as are consistent withfederal and state law but shall not include thecost for administering income maintenance pro-grams, Anyy changes to the proposed contractmust be mutually agreed upon The countyboard of supervisorss or combination of countyboards shall approve the coordinated plan andbudget and the contract before January 1 of theyear in which it takes effect.

2. The department shall review and approvethe coordinated plans and budgett but shall notapprove budgets for amounts in excess of avail-able revenues Such approval constitutes theapproved budget . The county board of supervi-sors may appropriate outside : the approvedbudget funds not used to match state fundsunder s . 49 . 52 (1) and 51 : 42 (8) . The projecteduse and actual expenditure of such county funds


departments, mental hygiene boards, develop-mental disabilities boards and human serviceboards. Under.r such an agreement, in the inter-est of improvedd service coordination and effec-tiveness the county board or boards of supetvi-sors shall be permitted to reallocate among theseveral program departments and boards enu-merated in s . 46.031 (1) (a) funds that other-wise would be specified for use by a single boardor department . The annual program plan andbudget required of each county or, group ofcounties under s . 46 .031 (1) (a) shall be thevehicle for expressing the county board or,boards of supervisors' proposed use of the singleconsolidated fund. Approval by the departmentof such use of the fund shall be in accordancewith s . 46,031 (2) (a) and (b) .

His tory : 19'15 c. . 39; 19'7 :7 c .. 29, 418 .

46 .035 Department, additional powers toprovide structures , facilities and perma-nent improvements. (1) As used in this sec-tion unless the context requires otherwise :

(a) The term "existing building" in relationto any conveyance, lease or sublease made undersub. (2) (a) 1, 2 and 3 means all detention,treatment, administrative, recreational, infir-mary, hospital, vocational and academic build-ings; all dormitories and cottages; all storagefacilities, heating plants, sewage disposal plants,and such other buildings, structures, facilitiesand permanent improvements as in the judg-ment of the secretary are needed or useful forthe purposes of thee department, and all equip-ment therefor and all improvements andd addi-tions thereto which were erected, constructed orinstalled prior to the making of, such convey-ance, lease or sublease .

(b) The term "new building" in relation toany conveyance, lease or sublease made undersub. (2) (a) 1, 2 and 3 means all detention,treatment, administrative, recreational, infir-mary, hospital, vocational and academic build-ings ; all dormitories and cottages ; all storagefacilities; heating plants, sewage disposal plants,and such -other buildings, structures, facilitiesand permanent improvements as in the judg-ment of the secretary are needed or useful forthe purposes of the department, and all equip-ment therefor and all improvements and addi-tions thereto which are erected, constructed orinstalled after the making of such conveyance,lease or sublease .

(c) The term "nonprofit corporation" meansa nonstock, nonprofit corporation organizedunder ch, 181 or any law amendatory thereof orsupplemental thereto .

(2) The department : shall have and mayexercise the powers and duties provided in thissection . :.

46 .033 Authority to establish services In-tegration 'and coordination pilot programs .(1) The department, in order' to discharge moreeffectively its responsibilities under, cchs . 46, 48,51, 140 and 141 and other relevant provisions ofthe statutes, may establish community humanservices pilot programs for the study, implemen-tation and evaluation of improved human set--vices delivery systems . . In the implementation ofsuch pilot programs, the requirement of state-wide uniformity with respect to the organizationand governance of human services shall notapply. The department and local governmentalbodies may establish such boards, committees,organizationall structures and procedures asmay be needed to implement the pilot programs .Such boards, committees and organizationalstructures may assume responsibilities currentlyassigned by statute to the boards, committees ororganizational structures which are to bereplaced .

(2) The numberr of pilot programs shall, belimitedd by the department's capacity to coordi-nate and adequately monitor pilot activities andby the availability of state and federal funds .

(3) With the agreement of the affectedcounty board or boards of supervisors, effectiveforr the contract period beginning January 1,1978, and for a subsequent 2-year contractperiod,, the department may select up to 5 coun-ties or combination of counties to pilot test theallocation and administration of a single consoli-dated aid consisting of the state and federalfinancial aid available to that county or countiesfrom appropriations under s . 20.435 (2) (b)and (o) and (4) (df) and (p) for servicesprovided and purchased by county social service

46.031 SOCIAL SERVICES

under s. 46,23, the committee createdd by s .46 .23 (8) shall serve the function of a commit-tee established under this subsection . The chair-man of the committee shall be appointed by thecounty board establishing it . In the case of amulticounty committee, the chairman shall benominated by the committee and approved bythe county boards establishing it.

History: 1977 c. 29 ss . 543, 544b; 1977 c 418 ,

46 .032 Income maintenance administra-tion. County public welfare departments or-ganized under ss. 46,22 and 49 .51 shall annuallyenter into a separate contract with the depart-ment detailing the reasonable cosy of adminis-tering the income maintenance programs underss . 46 :2 .3, 49.046, 49.19 and 49 .45 to 49.47 whenso appointed by the department. The contractmay contain such conditions of participation asare consistent with federal and state law .

History: 1977 c 29 .

1024

under subd 3 to impose fees, rentals or othercharges for, the use and occupancy or otheroperation of such new buildings in an amountcalculated to produce net revenues sufficient topay the rentals due and to become due undersuch lease or sublease .

7 . The power to apply all or any part of therevenues derived from the operation of existingbuildings to the payment of rentals due and tobecome due under any lease or sublease madeunder subd, 3 .

8 The power to pledge and assign all or anypart of the revenues derived from the operationof existing buildings to the payment of rentalsdue and to become due under any lease orsublease made under subd . .3 .

9 . The power to covenant and agree in anylease or sublease made under subd . .3 to imposefees, rentals or other charges for the use andoccupancy: or other operation of existing build-ings in an amount calculated to produce netrevenues sufficient to pay the rentals due and tobecome due under such lease or sublease .

10. The power andd duty, upon receipt ofnotice of any assignmentt by any such nonprofitcorporation of any lease or sublease made undersubd„ 3, or of any of its rights under anyy suchsublease, to recognize and give effect to suchassignment, and to pay to the assignee thereofrentals or, other payments then due or whichmay become due under anyy such lease or sub-lease which has been so assigned by such non-profit corporation .

(b) The state shall be liable for accruedrentals and for any other default under any leaseor sublease made under par. (a) 3, and may besued therefor on contract as in other contractactions pursuant to ch . 285, except that it shallnot be necessary for the lessor under any suchlease or sublease or any assignee of such lessor orany person or other legal entity proceeding onbehalf of such lessor to file any claim with thelegislature prior to the commencement of anysuch action .

(c) Nothing in thiss section empowers thesecretary or the department to incur any statedebt.

(d) All conveyances, leases and subleasesmade pursuant to this section shall be made,executed and, delivered in the name of the de-partment and shall be signed by the secretaryand sealed with the seal of the department .

(e) All laws, except ch . 150, conflicting withany provisions of this section, ai,e, insofar as theyconflict with this section and no further, super-seded by this section .

His tory : 1975 c.. 39 ss, 341,'737(2) ;1977 c. 29:

46.036 Purchase of care - and services.(1) All care and servicess purchased by the

(a) In order' to provide new buildings and toenable the construction and financing thereof, torefinance indebtedness hereafter created by anonprof it corporation for the purpose of provid-ing a new building or buildings or, additions orimprovements thereto which are located on landowned by, o r owned by the state and held for , thedepartment or on lands of the institutions underthe jurisdiction of the department or by thenonprofit corporation, or foi any one or more ofsaid purposes, but for no other purpose unlessauthorized by law, the department has the fol-lowing powers and duties :

1 . Without limitation by reason of any otherprovisions of the statutes, the power to sell andto convey title in fee simple to a nonprofitcorporation any land and any existing buildingsthereon owned by, o r owned by the state andheld for, the department or , of any of the institu-tions under the jurisdiction of the departmentfor such consideration andd upon such terms andconditions as in° the judgment of the secretaryare in the public interest .

2 . The power: to lease to a nonprofit corpora-tion for a term or terms not exceeding 50 yearseach any land and any existing buildings thereonowned by, or owned by the state and held for , thedepartment or of any of the institutions underthe jurisdiction of the department upon suchterms and conditions as in the judgment of thesecretary are in the public interest .

3. The power to lease or sublease from suchnonprofit corporation, and to make available forpublic use, any such land and existing buildingsconveyed or leased to such nonprofit corporationunder subds . 1I and 2, and any new buildingserected upon such land or upon any other , landowned by such nonprofit corporation, upon suchterms, conditions and rentals, subject to avail-able appropriations, as in the , judgment of thesecretary are in the public interest. With respectto any property conveyed to such nonprofitcorporation under subd . 1, such lease from suchnonprofit corporation may be subject orsubordinated to one or more mortgages of suchproperty granted by such nonprofit corporation.

4; The duty to submit the plans and specifica-tions for all such new buildings and all convey-ances, leasess and subleases made under thissection to the department of administration andthe governor for written approval before theyare finally adopted , executed and delivered .

5 . The power to pledge and assign all or anypart of the revenues derived from the operationof such new buildings as security for the pay-ment' of rentals due and to become due underany lease or sublease of such new buildingsunder, subd . 3 .

6 : The power to covenant and agree in anylease or sublease of such new buildings made


department, a county social service department ,a county department of public welfare, or aboard established under s . 46.23, 51,42 or51 ..4 .37 shall be authorized and contracted forpursuant to the standards established under thissection . For purchases of $10,000 or less therequirement for a written contract may bewaived by the department . When the depart-ment directly contracts for services, it shallfollow the procedures in this section in additionto meeting purchasing requirements establishedin s. 16.75 .

(2) All care and services purchased shallmeet standards established by the departmentand other requirements specified by purchaserin the contract .. Based on these standards thedepartment: shall establish standards for costaccounting and management information sys-tems that shall monitor the utilization of suchservices, and document: the specific services inmeeting the service plan for the client and theobjective of the service .,

(3) (a) Purchase of service contracts shall bewritten in accordance with rules and proceduresestablished by the department . . Contracts forclient services shall show the total dollar amountto be purchased and for each service the numberrof clients to be served,, number of client serviceunits,, the unit rate per client service and thetotal dollar amount for each service .

(b) Payments under a contract may be madeon the basis . of actual allowable costs or on thebasis of a unit rate per client service multipliedby the actual client units furnished each month .The contract may be renegotiated when unitsvary from the contracted number . The pur-chaser shall determine actual marginal costs foreach service unit less than or in addition to thecontracted number.

(c) For proprietary agencies, contracts mayincludes percentage add-on for profit accordingto rules established by the department .

(d) Reimbursement to an agencyy may bebased on total costs agreed to by the partiesregardless of the actual number of service unitsto be furnished, when the agency is entering intoa contract for a new or expanded service that theepurchaser recogni zes will require a start-up pe-riod not to exceed 180 days . Such reimburse-ment applies only if identified client needs ne-cessitate the establishment of a new service orexpansion of an existing service .

(e) If the purchaser finds it necessary toterminate a contract prior tothe contract expi-ration date for reasons other than nonperform-ance by the provider, actual cost incurred by theprovider may be reimbursed for an amountdetermined by mutual agreement of the parties ..

( f) Advance payments of up to one-twelfth ofan annual contract may be allowed - under the

46 .037 Rates for residential child caringcenters . (1) (a) Payments to all residentialchild care centers and day treatment facilitiesshall be subject to s„ 46 .036 as determined by thedepartment and to this section .

(b) Rules of allowable costs shall be estab-lished by the department . The department shalldetermine the rates for residential child caringcenters and day treatment facilities .,

(c) Reimbursement for administrative costsshall not exceed an amount equal to a uniformfixed percentage of total allowable costs up to amaximum per capita amount as determined bythe department

(e) In determining the approved rate for acurrent fiscal year, the department shall utilize a


contract onthe condition that the provider sup-plies a surety bond for an amount equal to theamount of the advance payment applied for ..The cost of' the surety bond shall be allowable asan expense „

(4) For purposes of this section and as acondition of reimbursement, each providerunder contract shall :

(a) Maintain a uniform double entry ac-counti ng system ands management informationsystem which a re compatible with cost account-ing and control systems prescribed by thedepartment ..

(b) Cooperate with the department andpurchaser in establishing costs for reimburse-ment purposes .

(c) Unless waived by the department , pro-vide the purchaser with a certified annual auditreport , The report shall show for, the contractperiod expenses and revenues by major, line itemandd distributed among the services provided .

(d) Transfer a client from one category ofcare or, service to another only with the approvalof thee purchaser.

(e) Charge a uniform schedule of' fees asdefined under s : 46.03 (18) unless waived by thepurchaser with approval of the department .Whenever providers recover funds attributed tothe client, such funds shall offset the amountpaid under the contract . .

(5) The purchaser shall recover, from pro-vider agencies money paid in excess of theconditions of the contract from subsequent pay-ments made to the provide r ..

(6) ` Contracts may be renegotiated by thepurchaser under, conditions specified in thecontract ,

(7) The service provider, under this sectionmay appeal decisions of the purchaser in accord-ance with terms and conditions of the contractand ch . 68 or 227 .

History : 1973 c . 90, 333 ;1975 c.. 39; 19 '75 c. 198 s . 65 ;19'7 ' 7c. 29, 418.

formula based on the greater of 85% of thecontracted maximum or the actual enrollmenton which the budget contract was based ..

(f) The department shall establish in eachcontracted rate the maximum numberr and typesof staff it will reimburse .

(g) The department shall make direct pay-ments to private residential child care centersand day treatment facilities when there havebeen underpayments as determined by the de-partment's final audit at thee end of an institu-tion's fiscal period . When the department'sfinal audit determines that a facility has beenoverpaid, the department shall make collections .For, children in county custody or supervision,the department shall make payment under' s20 . .4 .35 (4) (df), The state share of collectionsfor children in county custody shall be returnedto the appropriation under s . 20.435 (4) (df),

(h) All services for children in private institu-tions and related programs shall, to the extentpossible, be provided by employes of each facil-ity. Each facility shall submit, through proce-dures established by the department, documen-tation of services provided by the facility forwhich the state may claim federal Title XIXreimbursement.

(i) The department shall specify those allow-able costs which shall include all necessary andreasonable costs appropriate in developing andmaintaining the operation of child care centersand day treatment facilities. Such determina-tion by the department shall be consistent withprofessional :childd care standards, budgetaryconsiderations and appropriate federall and stateguidelines relating to reimbursement, The de-partment shall make available to child carecenters and day treatment facilities a listing ofthe most common allowable and nonallowableitems .

(j) The department may make individualexceptions to pats . (c), (e) and (h) when suchexception is appropriate in order to achieve thegoals and objective of quality child care ..

(2) All child care centers and day treatmentfacilities: shall be entitled to a 30-day prepay-ment advance which shall be adjusted quarterlyby the department for any plus or minus under-payments or overpayments Any such center orfacility receiving such 30-day prepayment ad-vancemust provide evidence that it has procuredand maintained in force a fidelity bond to coverofficers or employes entrusted with the handlingof its funds in an amount not less than . 50% ofthe amount of the 30-day prepayment advance .

History: 1975 c 39 ; 197'7 c 29 .

46.041 Children's consultation service ;establishment; purposes . (1) A program to

46 .043 Wisconsin correctional receptionand treatment center. There is established anew institution to be known as the Wisconsincorrectional reception and treatment center .The department,. with the approval of'the gover-nor, may purchase lands for a suitable site anderect and.d equip such, buildings as it deemsnecessary from funds appropriated for- the long-range building program, Such institution whenconstructed shall be maintained and operated bythe department for the reception, classificationand treatment of offenders sentenced to theWisconsin state prisons and for the diagnosisand treatment of persons committed under ch .


be known as the "children's consultation ser-vice" shall be provided . The service shall beestablished at Mendota mental health instituteor, Winnebago mental health institute, or at bothinstitutions . The serv ice shall :

(a) Provide for the temporary residence andevaluation of child ren refer red from cour t s as-signed to exercise , jurisdiction under ch . 48, theinstitutions and services under the jurisdiction ofthe department, university of Wisconsin hospi-tal and clinics , county child welfa re agencies,private child welfare agencies , s chools for thedeaf and visually handicapped , and ment alhealth facilities within the state at the discretionof the superintendent . .

(b) Promote the development of preventivemental health services to children in communi-ties by participating in the training of mentalhealth personnel, by demonstration of methodsof evaluation, care and treatment, by assisting inthe assessment of community services and thedevelopment of the most effective co-ordinationbetween the institution and the community, andby offering services when community resourcesneed to be supplemented .

(2) When a patient is transferred directlyfrom the children's consultation service to theuniversity of Wisconsin hospital and clinics, s .46,115 shall apply .

History: 19 7 3 c 90 s . 560 (3) ; 1977 c 418 s 924 (50) ;197 7 c . 447 s. 206 ; 1977 c .. 449 .

46 .042 Treatment program for emotion-ally disturbed children . The department shallestablish a program for the intensive treatmentof'emotionally disturbed children The programshall be operated by Mendota mental healthinstitute and be subject to all federal and statelaws, rules and regulations which apply to theinstitute.. Operational planning shall provideclose interrelationship between the departmentand the university of Wisconsin medical schoolfor conduct of educational and researchprograms .

History: T975 c . 224; 1977 c 29 .

46 .05 Bonds of employes ; police powers;Investigation of complaints. (1) The stew-ard of each institution shall execute and file anofficial bond in such sum and with such suretiesas the secretary prescribes . . He shall also requireany otherr officer or other person having thepossession or custody of any money or propertybelonging to the state or any institution under itscontrol or supervision to give an official bond,and from time to time renew the same .. Thesecretary may require a position bond wheneverit appears to him advisable, such position bondto have the same coverage as the official bond .

46.047 Medium security prison . The de-partment may construct a medium securityprison to be known as the Fox Lake correctionalinstitution on state-owned land known as prisonfarm 10 in Dodge county. Inmates from theWisconsin state prisons may be transferred tothis institution and they shall be subject to alllaws pertaining to inmates of other' penal institu-tions of this state . . Officers and employes of the

46.043 SOCIAL SERVICES

975. All laws pertaining to the care of stateprison inmates shall apply . Officers and em-ployes of the institution shall be subject to thesame laws as pertain to other penal institutions

46 .044 State psychiatric Institute. There isestablished the state psychiatric institute to bemaintained as a department of the university ofWisconsin-Madison . The statutes relating toadmission, commitment, placement, transfer,custody and discharge of mentally ill persons areapplicable to the psychiatric institute .

His tory : 1975 c. 430 ; 1977 c . 26..

46 .045 . Community correctional residen-tial centers. The department may establish andoperate community correctional residential cen-ters. The secretary may allocate and reallocateexisting and future facilities as part of thesecenters. The community correctional residen-tial centers shall' be institutions as defined in s .46.03 and shall be state prisons as defined in s .53.01. Inmates from Wisconsin state prisonsmay be transferred to these institutions and theyshall be subject to all laws pertaining to inmatesof other penal institutions of the state . Officersand employes of the institutions shall be subjectto the same laws as pertain to other penalinstitutions . Inmates shall not be received ondirect commitment from the courts.History: 1977 c : 418 .

46.046 Wisconsin co rrectional camp sys -tem. The department may establish and operatea correctional camp program known as theWisconsin correctional camp system . The sec-retary may allocate and reallocate existing andfuture facilities as part of this system . TheWisconsin correctional camp system shall be aninstitution as defined in s . 46 .03 and shall be astate prison as defined in s . 53 .01 . Inmates fromthe Wisconsin state prisons may be transferredto this institution and they shall be subject to alllaws pertaining to inmates of other penal institu-tions of this state. Officers and employes of theinstitution shall be subject to the same laws aspertain to other penal institutions. Inmates shallnot be received on direct commitment from thecourts .His to ry : 1975 c, 39 .

1028

institutions shall be subject to the same laws aspertain to other penal institutions . Inmates shallnot be received on direct commitment from thecourts .His tory : 1977 c . . 418 s . 924 (18) (b)NOTE: Thi s sectio n is shown as amended by chapter 41 8,

la ws of 1 977, section 92 4 (18) (b) ,effective July 1, 1 979.

46.048 Central W isconsin center for thedevelopmentally disabled . There is estab-lished a new institution to be located near thecity of Madison and to be known as the centralWisconsin center for the developmentally dis-abled, The department, with the approval of"thegovernor, is authorized to purchase lands for- asuitable site and to erect and equip such build-ings as it deems necessary from funds appropri-ated for the long-range building program . Suchinstitution when constructed shall be main-tained and operated by the department and alllaws pertaining to the care of mentally deficientpatients shall apply .History: . 1975 c . 189 s . . 99 (2) 1975 c. 430 s . 78„

46 .049 Training school for delinquentboys. The department, with the approval of thegovernor, may purchase or accept a gift of landfor a suitable site for an additional trainingschool for delinquent boys and erect and equipsuch buildings as it deems necessary at suchtime as funds may be allocated for that purposeby the building commission .. Such trainingschool or other additional facilities for delin-quent boys financed by the authorized 1965-67building program shall be located north of a linebetween La Crosse and Manitowoc. Such insti-tution when constructed shall be maintained andoperated by the department for the treatment ofdelinquent boyss committed to the departmentunder s . 48 ..34 . All laws pertaining to the care ofchildren received under s . 48 .34 shall apply .Officers and employes of the institution aresubject to the same laws as apply to "other,facilities described in s . 48 .52 ..

(2) The warden and the superintendent of allthe state charitable, curative, penal and reform-atory institutions and of county hospitals andcounty homes, and such employes under them towhom they delegate police power, may arrestany person withinn or upon the grounds of suchinstitutions whom theyy have reason to believeguilty of any offense against the laws or, regula-tions governing the same; and for such purposethey shall possess the powers of constables .

(3) The department shall investigate com-plaints against any institution under its jurisdic-tion or against the officers or employes thereofFor that purpose the secretary and such officersand employes as the secretary authorizes, maysummon and swear witnesses, take testimonyand compel the production of books and papers .The department may, on its own initiative, in-vestigate the affairs of any institution,, . • Anywritten communication or complaint addressedto the secretary,; by any inmate, employe orsubordinatee of any such institution shall beforthwith forwarded unopened to the addressee .His to ry : 1975 c.. .39; 1975 c. 199 s .. 138. . .

46.06 . Lands; condemnation, easements ,leases, sa les , purchases .. (1) CONDEMNA-TION., Whenn the department is authorized anddesires to acquire land and is unable to agreewith the owner upon the terms of purchase, orwhen such agreement cannot be had withoutunreasonable delay, the department may con-demn the land in the manner prescribed inchapter 32 .

(2) EnsamtErris. The department may granteasements for the extension of municipal andpublic utilities onto the lands of the institutionsunder its jurisdiction, for the purpose of con-necting railroads, roads, waterworks, sewers,electric lines and similar facilities, to serve suchinstitutions .

(3) LEASES. The department may rent addi-tional lands for the operation of the institutionsunder its jurisdiction .

(3a) LEASE OF LANDS FOR RADIO RANGE STA-TION. The department may lease state ownedlands under its control situated in section 16,town 24 north, range 18 east, Seymour town-ship, Outagamie county, not exceeding' 2 acresin extent, to the United States of America, to beused by the civil aeronautics administration fora radio range station . The terms of the leaseshall be determined by the department and maygrant to the lessee authority to erect naviga-tional aids and other structures on such lands.Such lease shall nott be effective unless approvedby the governor in writing .

(4) SALES. The department may, with theapproval of the building commission, sell and

46.062 Payment for damaged employsclothing, etc. The department in which' anemploye is employed shall pay the cost of repair-ing, e,ye glasses, watches or articles of clothingdamaged in the line of duty where such damageresults from any act of a person committed to orconfined in any state facility, or institution ofthe.e state under the jurisdiction of the depart-ment. If the eye glasses, watches or clothess aredamaged ;beyond repair, the department shallpay the actual value of such eye glasses orclothing as determined by the rules of the de-partment, and the actual value of watches butnot to exceed $50 each. The value of sucharticles shall be determined as of the time of thedamage thereto.

46.064 Client wages , allowancess and re-lease payments. The department may pay awage or an allowance and a release payment toclients at its institutions . The department shallprescribe the amounts of pay and such hours,health and other, conditions in connection withemployment as are reasonable .History: 1971 a 125, .215 ; 1973 c . . 333 ..

46.065 Wages to prisoners. The depart-ment may provide for assistance of prisonerss ontheir discharge ; for the support of their familieswhile in confinement ; or for the payment, eitherin fulll or ratably, of their obligations acknowl-edged by them in writing or which have beenreduced to judgment by the allowance of moder-ate wages, to be paid from the operation, main-tenance, farm and construction appropriationsof the institution in,.which they are confined .Until the prisoner's final discharge, the fundsarising from the wages shall be under the control


convey such lands under the jurisdiction of thedepa rtment as the secretary deems to be inexcess of the present or, future requirements ofthe department for ' either the operation of itsfaciliti es or programs, for the maintenance ofbuffer zones adjacent to its facili ties or for otherpublic purposes .. The proceeds of such salesshall be credited to the state building trust fund .

(5) PURCHASES The depa rtment may, withthe approval of and release of state buildingtrust fund by the building commission, acquireby purchase such lands, together with suchimprovements as are situated thereon, as thesecretary deems necessary fo r the department'sfarm programs, or for the purpose of providingadequate buffer zones to its existing facilities, orfor the purpose of eli minating flexuous bou nda-ries in cooperation with owners of lands adjoin-ing lands under the department's jurisdiction .

History: 19 7 3 c 12 s 10 ; 1973 c. . 90 ;19 '75 c . 39 ss 346, 732,, .(2)

of the officer in charge of the institution andshall be used for the benefit of the prisoner, theprisoner's family and other obligations specifiedin this section Earnings by inmates working inthe prison industries and the retention and dis-tribution thereof shall be governed by s . 56 01(4) and (8) .His tory : 1975 c 396, 421 ; 1977 c 29

46.066 Freedom of worship; religiousministration . (1) Subject to reasonable exer-cise of the privilege, clergymen of all religiousfaiths shall be given an opportunity to conductreligious services within the state institutions atleast once each week, attendance at such ser-vices to be voluntary .

(2) Religious ministration and sacramentsaccording to his faith shall be allowed to everyinmate who requests them ..

(3) Every inmate who requests it shall havethe use of the Bible.

The state must make copies of the Quran available to pris-oners to the same extent that B ibles axe made available. P ittsv' Knowles, 339 F S upp, 1183 .

46 .07 Property of Inmates and probation-ers ; deposit and distribution . (1) PROPERTYDELIVERED TO STEWARD ; CREDIT AND DEBIT,All money including wages under ss . 46 .064,46,065 and 5 .3 . .12 and other property deliveredto an officer or employe of any institution for thebenefit of an inmate shall forthwith be deliveredto the steward, who shall enter the same upon hisbooks tothe credit of the inmate. Such propertyshall be used only under the direction and withthe approval of the superintendent or, wardenand for the benefit of the inmate .. If the moneyremains uncalled for for one year after' his deathor departure from the institution, the superin-tendent shall deposit the same in the generalfund. If any inmate leaves property (other thanmoney) uncalled for at an institution for- oneyear, the superintendent shall sell the property,and thee proceeds shall be deposited in the gen-eral fund. If any person satisfies the depart-ment, within 5 years after such deposit, : of hisright to the deposit, the department shall directthe department of administration to draw itswarrant in f'avor' of the claimant and it shallcharge the same to the appropriation made by s .20.913 (3) (c) .

( 2) PROPERTY DELIVERED TO OFFICER OREMPioxE (a) All money or other property paidor delivered to a probation officer' or, employe ofthe department by or for the benefit of anyperson on probation or parole shall be immedi-ately transmitted to the department and it shallenter the same upon itsbooks to his credit . Suchproperty shall be used only under the directionof the department.'

46.09 Purchases, bills, audits, payments .(1) STEWARD AS BUSINESS M ANAGER .. The stew-ard of each institution shall be the local businessmanager and requisitioning officer, subjectt tothe direction and the rules and regulations of'thedepartment, and within the limits of the ap-proved monthly estimates shallpurchase (asprovided in ss 16 70 to 16 . .82) all necessarymaterials and supplies . He shall have the imme-diate charge of all books, accounts, papers andrecords relating to its financial management,shall keep detailed accounts of all receipts andexpenditures, andd shall be responsible for, thesafekeeping andd economical use of all stores andsupplies,

(2) BUTTER AND CHEESE .. No butter orcheese not made wholly and directly from puremilk or cream, salt and harmless coloring mattershall be used in any of the institutions of thestate,

(3) PUBLIC . WELFARE INSII . T U IIONSPREAUDIT ; PAYMENTS . Unless otherwisee pro-vided by law, no bills shall be incurred in themanagement of such institutions nor .. .- be paiduntil theyy have been audited by the departmentunder' the supervision of the department of ad-ministration . All payments shall be made on thewarrant of the department of administrationdrawn in accordance with the certificate of'theproper designated officer' of the department . Allclaims and accounts before being certified to thedepartment of administration by the aforesaiddepartment, shall be verified and approved inthe same manner as provided ins 16,53,

History: 197 3 c 3 35 s. . 13


(b) If he absconds, the money shall becredited to the revolving fund created by section57 . .075 ; and other property if not called forwithin one year shall be sold by the departmentand the proceeds shall be credited to said fund . .

(c) If any person, within 5 years after suchcrediting of funds, satisfies the department thathe is entitled thereto, the department shall cer-tify the amount thereof to the department ofadministration f'or, payment to the claimantfrom the appropriation made by s, 20 .435 (3)(km),

46 .08 Audits and estimates of expendi-tures of institutions . Each month the superin-tendent of each institution shall prepare and filein duplicate with the department a detailedestimate of the expenditures which will be neces-sary for each institution during the next month . .No liability shall be incurred without such esti-mate being first made and approved by thedepartment . The department shall fix a time, asoften as once in eachh month, for auditing allaccounts and charges against institutions ..

(4) Upon the failu re of an y relative liable formaintenance to make pa yment or , enter into orcomply with an agreement for payment , thedepartment may apply to the circuit court of thecounty in which the patient r esides or has a legalsettlement or in which such relative resides foran order to compel payment by such relative .,Upon failure to comply with that order, thedepartment may commence an action to recoverthe amount due .;

(5) Upon such application the ci rcuit courtshall hear the alleg ations and proof's of theparties and shall by order require payment ofmaintenance by the relative liable therefor,, if ofsufficient ability , having due regard to thepresent needs of the relative and his or, herlawful dependents . The order shall specify anamount for maintenance to be paid periodicallyduring a specified period or until the furtherorder of the court . Notice of hearing on theapplication shall be served upon such relative atleast 10 days prior to t he hearing in the mannerof service of a summons in that court . Uponapplication of any inte restedd party, and uponlike notice and procedure , the court may modifythe order . Any party aggrieved by the order o rby the judgment of the court may appeal there-from in the manner provided by law. If anappeal is taken by the department, an undertak-ing need not, be filed .

(6) The sworn statement of the collectionand deportation counsel, o r of the secretary,shall be evidence of the fee and of the care andservices received by the patient .

(7) The department shall administer andenforce this section . It shall appoint an atto rneyto . be designated "collection and deportationcounsel" and other necessary assistants .. Thedepartment may delegate to such counsel suchother powers and duties as it deems advisable .He or any of his assistants may administeroaths, take affidavits and testimony, exam inepublic records, subpoena witnesses and the pro-duction of books , papers, records, and docu-ments material to anyy matter of proceedingrelating to payments for the cost of mainte-nance . The department shall encourage agree-ments or settlements with the patient or therelative liable for his maintenance, having dueregard to ability to pay and the present needs oflawful dependents .

(8) The department may :(a) Appear for the state in any and all

collection and deportation matters arising in theseveral courts, and may commence suit in thename of the department to recover the cost ofmaintenance against the person liable therefor .

(b) Determine whethe r any patients are sub-ject to deportation ; and on behalf of this state

46 .10 Cost of care and maintenance , lia-bility ; collection and deportation counsel ;collections ; court actions ; recovery. (1 )Liability and the collection and enforcement ofsuch liability for the care, maintenance, servicesand supplies specified in this section is governedexclusively by this, section .

(2) Except as provided in sub. (2m), anyperson, including but not limited to a personadmitted or committed under ss . 51 ..10, 51,13,51 .15, 51 .20, 51 .35 (3), 51 .37 (5), 51,45 (10),(11), (12) and (13), 55 .05, 55.06, 971 .14 (2)and (5),.971.17 (1), 975 .01, 975 .02, 975.06 and975 ...17, receiving care, maintenance, servicesand supplies provided by any institution in thisstate including university of Wisconsin hospitaland clinics, in which the state is chargeable withall or part of the person's care,, maintenance,services and supplies, and any person receivingcare and services under boards or facilities es-tablished under ss. 49.175, 51 .42 and 51 ..437,and the person's, property and estate, includingthe homestead, and the spouse of such person,and the spouse's property and estate, includingthe homestead, and, in the case of a minor child,the parents of such person, and their propertyand estates, including their homestead, shall beliable for the cost of the care, maintenance,services and supplies in accordance with the feeschedule established by the department under s . .46.03 (18). The department may bring actionfor the enforcement of such liability. If a spouse,widow or minor, or an incapacitated person maybe lawfully dependent upon such property fortheir support, the court shall release all or suchpart of the property and estate from suchcharges that may be necessary to provide forsuch persons . . The department shall make everyreasonable effort to notifyy the relatives liable assoon as possible after the beginning of the main-tenance, but such notice or the receipt thereof isnot a condition of liability of the relative,

(2m) The liability specified in sub. (2) shallnot apply to tuberculosis patients receiving care,maintenance, services and supplies under s .58.06 (2) and ch. 149, or to care, maintenance,services and supplies provided to persons 18 andolder by prisonss named in s . 53 .01 .

(3) After investigation of the ability to pay ofthe patient or relative liable for such mainte-nance, the department shall make collectionfrom the patient or the person who in the opinionof the department under all of the circumstancesis best able to pay, giving due regard to relation-ship and the presentneeds of the person or of thelawful dependents . However, the liability ofrelatives for maintenance shall be in the follow-ing order: first, the spouse of the patient ; then, inthe case of a minor, the parent or parents .


deducted from the chargeable cost of other typesof care provided at the institutes .

(9) Any person who wilfully testifies falsely ,as to any material matter in an investigation orproceeding under this section shall be guilty ofperjury . Banks, insurance companies, savingsand loan associations, brokers and fiduciaries,upon request of the department, shall furnish inwriting and dulyy certified, full information re-garding the property, earnings or income or anyfunds deposited to the credit of or owing to suchpatient or any person legally responsible for themaintenance of such patient .. Such ce r tifiedstatement shall be admissible in evidence in anyaction or proceeding to compel payment for themaintenance of such patient, and shall be evi-dence of the facts therein stated, provided a copyof such statement be served upon the partysought to be charged not less than 3 days beforethe hearing .

(10) The department shall make all reason-able and proper efforts to collect all claims formaintenance, to keep payments current, and toperiodically review all unpaid claims.

(11) In any action to recover maintenance,the statute of limitations may be pleaded indefense.

(12) The district attorney or his assistants incounties having a population of 500,000 or moreshall, in matters pertaining to the recovery of thecost of maintenance of inmates in county andstate institutions having a legal settlement insuch county, have the same authority as grantedin this section to the department ..

(13) This section does not impair any rightsor liability existing prior to June 19, 1947 ..

(14) Beginning on August 1, 1977, whereverliability exists under sub ;, (2) or s . 46 .. 0 .3 (18)for inpatient care and maintenance of personsunder 18 ,year's of age at community mentalhealth centers, a county mental health centerunder s . 51 .08, the centers for the developmen-tally disabled, Mendota mental health institute,Winnebago mental health institute and centralstate hospital or care and maintenace of personsunder 18 years of age in residential, nonmedicalfacilities such as group homes and foster, care,child care and juvenile correctional institutions,liability of parents under sub . (2) or s . 46,03(18) shall be limited to $4 per day .. Thislimitation shall not apply to the liability of thechild receiving the care and services, Anyliability incurredd by thee child not covered byparents or medical assistance or , other .3rd partybenefits shall be terminated on the child's 18thbirthday . , In any case, the department maygrant a lesser , special rate based on the ability topay of the parent, and no liability may accrue forthe difference between the lesser special rate

enter into reciprocal agreements with otherstates for' deportation and importation of per-sons who are public charges, upon such terms aswill protect the state's interests and promotemutual amicable relations with other states ..

(c) From time to time investigate the finan-cial condition and needs of such patients and ofthee relatives liable for their maintenance, theirability to presently maintain themselves, thepersons legally dependent upon them for sup-port, the protection of the property and invest-ments of patients and relatives from which theyderive their living and their care and protection,for the purpose of ascertaining the ability of anypatient or of any such relative to make paymentin whole or in part for the maintenance of suchpatients.

(d) After due regard to the case and to a wife,husband and minor children who.o are lawfullydependent on the property for support, compro-mise or waive thee whole or, any portion of anyclaim which the state and county may have forcost of maintenance.

(e) Makee agreements with relatives liabletherefor, or who may be willing to assume thecost of maintenance of any patient, providing forthe payment of such costs at a specified rate oramount .

(f) 1, Make adjustment and settlement withthe several counties for their proper, share of allmoneys collected .

(h) Ensure that all moneys collected undersub. (12) on and after January 1, 1974, becredited pursuant to ss. 46 .036 and 51 .42 (8) .

(i) Pay quarterly from the appropriationunder s. 20 .435 (2) (d) the collection moneysdue boards established under ss. 51.422 and51 .437. Payments shall be made as soon after,the close of each quarter as is practicable,

(8m) For boards established under s . 51 .42or 51 .4.37, the department shall :

(a) Deduct 100% of all moneys collected onor after January 1, 1975, from the chargeablecost of care at the mental health institutes,central state hospital and the centers for thedevelopmentally disabled ;NOTE: Chapter 418, laws of 1977, amend s par. ( a) to de-

lete, "central s tate hospital", effec tive January 1, 1981.(b) Return to boards 70% of all collections

made for county hospitals; and(c) Return to boards 50% of collections

made by the department for services other thanthose specified under, par . (a) or (b) .

(d) Paragraph (a) does not apply to emer-gency inpatient services provided under s . 46,03(27) or primaryy psychiatric care, both of whichshall be billed on the basis of total chargeablecost . Collections for' such emergency servicesunder s. 46 .03 (27) andd primary care shall be


the person receiving the care or any other desig-nated responsible party.

(a) The committing or admitting judge shallmake the determination of legal settlement forentries made through the courts . The judge of "the county in which the providing facility islocated shall make the determination of legalsettlement for all other admissionss to the facil-ity . In such cases, the officer in charge of thefacility shall immediately forward all pertinentinformation obtainable to the judge for determi-nation . If so designatedd by the county, legalsettlement may be determined by a unit withinthe county specialized in making such determi-nations in lieu of the judge

(b) Certification of the determination shallbe made both to the officer ' in charge of thefacility and to the county clerk of the county oflegal settlement . . A transcript of the testimonytaken with respect to legal settlement and dataused by a unit described in pa r. (a) shall besubmitted to the department if it is found thatthe person does not have a legal settlement in thestate.

(2) STATEMENT OF COUNTY CLAIMS .. Thissubsection applies only in situations where noother procedure is specified by statute .

(a) On July 1 in each year, the of'f'icer incharge of each facility specified in sub . (1) shallprepare a statement of the amount due from thestate to the county for the care and maintenanceof persons at public charge on fo rms supplied bythe department .. .

(b) Such statement shall cover the precedingfiscal year and shall give the name of eachperson whose support is partly or wholly charge-able to the state, the person's legal settlement,the number of weeks , forr which support ischarged, andthe amount due the county fromthe state .

(c) Such statement shall be verified by theofficer making it and certified by the trustees ofthe facility to the department and a duplicatethereof shall be forwarded to the county clerk nolaterr than September l in each year..

(d) The department shall credit the countywith the amount due the county for anyy recoveryunder s. 46.10 :and shall certify such statementto the department of administration, which shallpay the aggregate-° amount found due eachcounty on the first Monday in November of eachyear .. ,

(3) STATEMENT OF COUNTY LIABILITY„ Thissubsection - applies only in situations where noother procedure is specified by statute . .

(a) On October 1 in each year, the depart-ment shall prepare a statement of the amountsdue from the :countiess to the state for care andmaintenance of persons at public charge in eachfacility specified in sub . (1) ,

46 .106 . Maintenance;,state and county lia-bility ; legal settlement . (1) DETERMINATIONAND NOTICE . Legal settlement shall be deter-minedd pursuant to s. 49010 for persons receivingcare in facilities established under ss . 49 .171 and49.175 or any other charitable or curative facil-ity in this state for which liability to the stateand counties for care and maintenance is basedon the person's legal settlement . Nothing in thissection prevents a recovery of liability under s .46.10 or any other statute creating liability upon

1033

and $4 per, day . Where parents hold hospitaliza-tion insurance paying benefits in excess of $4 perday, they shall be liable to the extent of thecoverage provided by the hospitalization insur-ance but not in excess of the actual per capitacost of care and maintenance determined inaccordance with the fee schedule established bythee department under s . 46 .03 (18). The de-partment shall review the consumer price indexat the end of each calendar year .. Whenever thepurchasing power of $4 for, the calendar year1977 is equivalent or, greater than the purchas-ing power of $5 or other higher full dollarincrements at the end of a subsequent calendaryear, the department shall automatically substi-tute the $4 per day rate specified in this sectionwith the rate of $5 per, day or other full dollaramount per day. The rate change shall go intoeffect on the following July 1 . .NOTE: Chapter 418 , laws of 19 77, amends sub. ( 14) to

substi tut e "Mend ot a men tal he alth institute a nd Winneba gom e ntal health in stitute or" for "Men dota menta l hea lth insti-tute, Winnebago mental health institute and centra l state h os-pital or ", effective January 1, 1981 .

(16) The department shall delegate toboards established under ss,. 51 .42 and 51 .437 orthe local provider§òf care and services meetingthe standards established by the departmentunder s . 46 .036, the responsibilities vested in thedepartment under this section for collection ofpatient fees for services other than those pro-vided at state facilities if such boards or provid-ers meet the conditions deemed appropriate bythe department. The department may delegateto boards established under ss . 51 .42 and 51 .437the responsibilities vested in the departmentunder this section for collection of patient feesfor services provided at the state facilities if thenecessary departmental conditions are met . .His tory : 1971 c. 125 ; 1971 c. 213 s . . 5; 1973 c 90 ss, 223,

223m, 560 (3) ; 1973 c . 198, 333 ; 1975 c.. 39 ss. 347 to 350,734 ; 1975 c 41, 94 ; 1975 c.. 189 s . . 99 (2) ; 1975 c. 198, 199,224 ; 1975 c 413 s, 18; 1975 a 428; 1975 c. 430 ss 6, 80 ; 1977c. 29, .203 ; 1977 c . . 418 ss . 294 to 295, 924 (50), 929 (18) ;1977 c ., 428; 1977 c . 447 s.. 206; 1977 c 449 ss . 75, 497 .

Before there can be recovery by the department for careand hospitalization of an individual committed to one of itsinstitutions by reason of lack of competency to stand ti iaf, thenature of the confinement must be changed to a civil commit-ment; Conservatorship of Grams, 63 W (2d) 194, 216 NW(2d) 889 . . . .

SOCIAL SERVICES 46 . 106

(b) Such statement shall cover, the precedingfiscal year and shall give the name of eachperson whose support is partly chargeable to acounty or wholly chargeable in the first instanceto the state and partly chargeable over to acounty, the legal settlement of each person, thenumber of weeks for which support is charged,the amount due a county for maintenance, andthe amount due to the state from the countycharged.

(c) The department shall file such statementwith thee department of administration,,and maila duplicate to the clerk of each county charged.Thereupon, the secretary of administration shallcertify to the counties the amounts so due, whichamounts shall be levied, collected, and paid intothe state treasury as a special charge at the sametime as the state taxes are apportioned .

(d) The amount so paid into the state trea-sury on account for care provided in nonstate-operated facilitiess shall be apportioned and paidto the counties to which it is due . The depart-ment of administration shall make the paymenton April 1 in each year .

(4) - RELIEF FROM ERRONEOUS CHARGES TOCOUNTY OR STATE. When the state or a countybelieves that the cost of the care of a person isimproperly charged to it, the matter may bedetermined by the department after a hearing .The department may on its ownn motion order ahearing if the charge is against the state. If it isagainst a county, the district attorney for thecounty may apply in writing to the departmentfor a hearing„ The application shall designatethe county to which the person is chargeable, orif it is claimed that he or she is chargeable to thestate, it shall so state . The department shall givereasonable notice to the parties interested of thetime and place they may be heard .- The applica-tion may be supported by affidavits and otherproper evidence . At the hearing and in thedetermination of the matter, evidence of a-courtdetermination of legal settlement (or of nosettlement) of the person shall be regarded as anadministrative determination, of such legal set-tlement status, by the judge and not by thecourt. ' ` If upon the hearing the departmentgrantsthe relief asked for, it shall order a propercharge against the county chargeable, or againstthe state; and the person's support shall becharged accordingly by the department of ad-ministration by a proper charge or credit or bothon the next apportionment under so 70.60 .

(5) ADMINISTRATIVE REV I EW. The order ofthe department is subject to review as providedin ch . 227. Upon entry of final judgment thedepartment shall make the proper charge orcredit or both and certify the same to the depart-ment of administration.

(6) CORRECTION OF ERRONEOUS CHA RGES .Any error in the accounts between the state anda county for the support of any person in anysuch institution, or in the amount certified to acounty as due and to be assessed upon it onaccount of such support, when certified by thedepartment of health and social services, shallbe corrected by the department of" administra-tion by a proper charge or credit or both on thenext apportionment under s.. 70..60 . .

(7) LIMITATIONS ON ACTIONS, No relief fromerroneous charges under sub. (6) may begranted unless the county charged applies to thedepartment for relief from such charges within10 years from the date the county receives thestatement of charges from thee department asspecified in sub .. (3) . The department is boundby the same 10-year limitation in notifying thecounty to be charged ..History : 1971 c.. 158 ; 1973 c .r 90 ; 1975 c.. 413 s 18 ; 1975 c .

430

46.11 Transfer of Inmates. (1) When aninmate of a state or county institution is lawfullymoved from one institution to another by thedepartment, the superintendent of the institu-tion from which he is removed shall notify thecommitting court of the removal .

(2) The department may designate in theremoval order a person to make the transfer .The person designated shall receive no compen-sation ; but shall be paid his necessary travelingexpenses and those of the inmate and of anynecessary assistant, to be adjusted by thee depart-ment and charged to the current expense fund ofthe institution from which the removal is madeas part of the inmate's maintenance costs. Thisamendment . (1947) shalll be effective as of July1,.=1946 .

46 .115 Sick Inmates ; transfer to statehospital ; treatment . (1) The departmentshall apply to the board of regents of the univer-sity of Wisconsin system for the admission to theuniversity of Wisconsin hospital and clinics ofany inmate of any state institution under thedepartment, or of any person committed to orapplying for admission to any state institution,or òf any other person committed to the depart-ment, who is afflicted with any disability orailment, which can probably be remedied, orwhich can be advantageously treated at suchhospital, if the person cannot receive proper careat the institution to which the person has beencommitted or towhich he or she has applied foradmission. The application shall be accompa-nied by the report of the physician of suchinstitutionn or of a physician appointed by thedepartment, in the same form as reports of


familiarize itself with all the circumstances af-fecting their management and usefulness

(2) CHILD WELFARE AGENC IES ; FOSTERHOMES; CHILD CARE CENTERS ; DAY NURSERIES ;NURSERY scxoois . It may license and revokelicenses of and exercise supervision over all childwelfare agencies and thee placement of childrenin foster homes, and grant permits to fosterhomes, child care centers, day nurseries andnursery schools . In the discharge of this duty itmay inspect the records of child welfare agen-cies, child care centers, dayy nurseries, nurseryschools and visit all institutions conducted bythem and all foster homes in which children areplaced..

(3) ; COUNTY HOMES, POOR RELI EF . . It shallvisit the county homes and ascertain the numberof each sex and the number of mentally ill,mentally deficient, deaf', or blind persons, andchildren supported in each, at what cost andunder what circumstances affecting theirhealth, comfort, morals and education; collectstatistics of the cost of'support, and other impor-tant facts, of the poor relieved at public expenseoutside of county homes; and collect informa-tion as to the adequacy and efficiency of existinglawss for the support and relief' o£ the poor, andthe causes of" pauperism in the state ..

(4) PRISONS . It shall visit all places in whichpersons convicted or suspected of crime or men-tally ill persons are confined, and ascertain theirarrangement for the separation of the hardenedcriminals from juvenile offenderss and personssuspected of crime or detained as witnesses ;collect statistics concerning the inmates, theirtreatment,, employment and reformation ; andcollect information of other facts and considera-tions affecting the increase or decrease of crimeandd mental illness .

(5) INSPECTIONS, It shall inquire into themethods of treatment, instruction, governmentand management of inmates of the institutionsmentioned in this section ; the conduct of theirtrustees, managers,, directors, superintendentsand other officers and employes ; the condition ofthe buildings, grounds and all other' propertypertaining to said institutions, and all other-matters pertaining to their usefulness and man-agement; and recommend to the of'f'icers incharge such changes and additional provisionsas it deems proper .

(6) FREQUENCY OF INSPECTIONS It shall in-spect and investigate each institution annually,or oftener ; and, when directed by the governor, itshall make special investigation into its manage-ment, or anything connected therewith, andreport to him the testimony taken, the factsfound and conclusions thereon .

46 .16 General supervision and inspectionby department. ' (1) GENERALLY. The depart-ment shall investigate and supervise all thecharitable, curative, reformatory and penal in-stitutions, including county infirmaries of everycounty and municipality (except tuberculosissanatoriums) ; all detention homes and sheltercare facilities for children and all industrialschools, hospitals, asylums and institutions, or-ganized for the purpose set forth in s . . 58,01, and

1035

physicians for the admission of patients to thehospital .

(2) The cost of treatment shall be at the ratecharged the county for county patients, andshall be chargeable one-half to the institutionand one-half to the state . . The department maypay out of such operation fund to the institutionthe necessary traveling expenses, including theexpenses fox an attendant when needed . Pay-ments for the treatment of such patients are tobe made by the department to the university ofWisconsin for the portion chargeable to theoperation fund of the institution ; and the portionchargeable to the state shall be certified andpaid as provided in s .. 142.08 (2) .

History : 1971 c. . 100 s 23 ; 19 ' 77 c 83 ; 1977 c 418 s . 924(50); . 19' 7 '7 c . 447 s . . 206 .

The department can be compelled by mandamus to make adetermination as to the adequacy of medical treatment of aprisoner. State ex rei„ Thomas v . State, 55 W (2d) 343, 198NW (2d) 675 ..

46 . 13 Wassermann tests. The departmentmay arrange with the laboratory of hygiene tosecure the Wassermann test for any personconfined in any state or county institution ..

46 .14 Reports of state institutions. (1)MONTHLY, The officer in charge of each stateinstitution under the control of the departmentshall report monthly to the department, an item-ized statement of all receipts and disbursements,and of the daily number of' inmates, officers,teachers and employes, and of the wages paid toeach.

(2) BIENNIAL On July 1 in each even-numbered year such officer, shall report to thedepartment, covering the preceding biennial fis-cal term, a summarized statement of the man-agement of every department of the institutionand of all receipts and disbursements, and suchother information as may be required by thedepartment :

46.15 institutions subject to chapter 150 .Institutions under ss, 46,16, 46,17 ; 46,175,46.20 and 46,205 which meet the definition ofhealth care institutions under s, 150,001 (6) aresubject to ch, 150 ..

Histor y : 19'1'7 c . 29.

SOCIAL SERVICES 46 .16

(7) ENFORCEMENT BY ATTORNEY GENERALAND DISTRICT ATTORNEYS, Upon request of thedepartment, the attorney general or the districtattorney of the proper county shall aid in anyinvestigation, inspection, hearing or trial hadunder the provisions of this chapter, or thosesections of ch . 48 relating to powers of thedepartment, and shall' institute and prosecute allnecessary actions or proceedings for the enforce-ment of such provisions and for the punishmentof'violations of the same . The attorney generalor, district attorney so requested shall report orconfer with the department regarding the re-quest, within 30 days after the receipt of suchrequest:.

(8) OPPORTUNITY TO INSPECT All trustees,managers, directors, superintendents and otherofficers or employes of such institutions shall atall times afford to every member of the depart-ment and its agents, unrestrained facility f'orinspection of and free access to all parts of thebuildings and grounds and to all books andpapers of such institutions; and shall give, eitherverbally or in writing, such information as thedepartment requires; and if any person offendsagainst this requirement he shall forfeit not lessthan $10 nor more than $100.

(9) TESTIMONIAL POWER; EXPENSE S. The di-rector or any person delegated by him mayadminister oaths and take testimony; and • maycause depositions to be taken All expenses ofthe investigations, including : fees of officers andwitnesses, shall be charged to the appropriationfor the department .

( 10) STAT ISTICS TO BE FURNISHED.. Wher-ever the department is required to collect statis-tics, the person or agency shall furnish therequired statistics on request.

This section d oes not convey authority to the department toorder methods of operation, numbers and qualifications ofstaff, standards for food service, and the nature of treatmentand training programs in local places of confinement . . Section46.17 relates to construction and maintenance of confinementbuildings and provides no additional a uthority to the depart-ment under this section, 63 Atty .. G en.. 267 .

46. 17 County buildings ; establishment ,approval ,. Inspection. (1) The departmentshall fix reasonable standards and regulationsfor the design, construction, repair and mainte-nance of county homes, county infirmaries,county hospitals, mental health facilities, housesof correction, reforestation camps maintainedunder, ss . 56.07, jails and lockups, andejuveniledetention homes and shelter care facilities, withrespect to theirr adequacy and fitness for theneeds which they are to serve .

(2) The selection and purchase of the site,andd the plans, specifications and erection ofbuildings for such institutions shall be subject tothe review and approval of the department .

46 . 175 County inst itutions : minimumstandards. Notwithstanding any other provi-sion of law, any county currently operating aninstitution established under s . 49.14, 49 .16,49,171, 51 .08 or 51,09 may, by resolution of thecounty board, designate such institution or dis-tinct part of such institution as a facility to beoperated under s . 50 ..02, 50.03 or 5033. Anycounty institution or part- thereof, where sodesignated, shall be t equired to meet those licen-sure standards established by the departmentfor the type of facility designated by the county .Any designation under, this section may be madeonly if such designation will not result in anyadditional cost to the state . .His tory : 1971 c . 215 ; 1975 c 413 s . . 18 ; 1975 c .. 430 s . . 80

46 . 18 Trustees of county Institutions . (1)TRUSTEES, Every countyy home, infirmary, hos-pital, tuberculosis hospital or, sanatorium, orsimilar institution, or house of correction estab-lished by any county whose population is lessthan 500,000 shall (subject to regulations ap-proved by the county board) be managed by aboard of trustees, electors of the county, chosenby ballot by the county board. At its annualmeeting, the county board shall appoint anuneven number of trustees, from 3 to 9 at theoption of the board, for staggered 3-year termsending the first Monday in January . . Any va-cancy shall be filled for the unexpired term bythe county board; but the county chairman mayappoint a trustee to fill the vacancy until thecounty . board acts .

(2) ELIGIBILITY. No member, oof the countyboard shall serve as a trustee during the term forwhich he was elected . No trustee shall have anyotherr lucrative office or employment in thecounty government ; nor be eligible, during theterm for which he was elected, to the office of


Department review shall include review of theproposed program to be carried out by theinstitution and the program's ability to meet themental health ., service requirements of thecounty and the area it serves .

(3) Before any such building is occupied, andannually or oftener thereafter, the departmentshall inspect it with i espect to safety, sanitation,adequacy and fitness, and report to the aut hori-ties conducting the institution anyy deficiencyfound, and order the necessary work to correct itor a new building . If within 6 months thereaftersuch work is not commenced, or , not completedwithin a reasonable period thereafter, to thesatisfaction of the department, it shall suspendthe allowance of state aid for, and prohibit theuse of such building until said orde r is compliedwith .

History: 19911 c 125 , 215 .

of the superintendent and visiting physician, ofthe institution .

(11) COUNTY APPROPRIATION, The countyboard shall annually appropriate for, operationand maintenance of each such institution notless than the amount of state aid estimated bythe trustees to accrue to said institution ; or suchlesser sum as may be estimated by the trustees tobe necessary for operation and maintenance ..

(12) Ex OFFICIO DUTIES. The county boardmay provide that the trustees and superintend-ent of any institution shall die the trustees andsuperintendent of any other institution .

(13) BUILDING RESERVE FUND .. The county

board shall maintain as a segregated cash re-serve the 2% charge authorized by s .. 7 .3 . .10 (9) ..It may from time to time appropriate from suchreserve sums to be expended solely for theenlargement, modernization or replacement ofsuch infirmary and its equipment ..

(1 4) INCENTIVE PAYMENTS TO PATIENTS INMENTAL HOSPITALS. The county board may au-thorize the board of trustees of any countymental hospital to establish a program of incen-tive payments so as to provide incentive andencouragement to patients by the disbursementof 'small weekly payments but not restricted towork allowances . Incentive payments paid toinmatess shall not be included as costs in arrivingat the per capita rate for state aids or charges toother counties and the state for care of inmates ..In counties having a population of 500,000 ormore the board of public welfare under s . 46 21may establish a similar program if' author ized bythe county board

Histot y: 197 1 c . 50 ; 1 9 71 c.. 1 08 s 6

46.19 Officers and employee of countyInstitutions. (1) The trustees shall appoint asuperintendent of each institution and may ie-move him for cause as defined in s . 17 .16 (2) ondue notice in writing and hearing of the chargesagainst him .

(2) The trustees shall prescribe the duties ofthe superintendent .. He shall execute and file anofficial bond with sureties- approved by thetrustees .

(3) Subject to the approval of the trustees,the superintendent shall appoint and prescribethe duties of necessary additional officers an ddemployee of the institution, and may removethem at his discretion, subject to the county civillservice law .

(4) The salaries of the superintendent, visit-ing physician and all necessaryy additional of-ficers and employes shall be fixe d by the countyboard :

superintendent of the institution in his chargewith the exception of a pension and relief boa rdmember ..

(3) REMOVAL OF TRUSTEE. Any trustee maybe removed from office for misconduct or neg-lect, by a two-thirds vote of the county board, ondue notice in writing and hearing of the chargesagainst him . .

(4) OATH OF OFFICE, BOND, EXPENSES, PAY ..

Each trustee shall take and file the official oathand execute and file an official bond to thecounty, in the amount determined by the countyyboard, and the s uffici ency of the sureti e s shall beapproved by the chairman of the boa rd . Eachtrustee shall be reimbursed ' his traveling ex-penses necessarily incurred in the discharge ofhis duties, and shall receive the compensationfixed by the county board, unless otherwiseprovided by law. .

(5) OFFICERS . The trustees shall elect apresident. The superintendent of the institutionshall be ex officio secretary,

(6) MONTHLY AUDIT ; .surrs, At least onceeach month the trustees shall audit all claimsagainst the county incurred on behalf' of saidinstitutions, when presented to them verifiedunder oath by the claimant or his agent and ,when allowed, the president and secretary shallcertify such claims to the county clerk who shallthereupon issue county orders for their payment .The trustees may sue and defend in the name ofthe county any cause for action involving theinterest of said institution and may employcounsel for that purpose . All receipts on accountof said institutions shall be , paid into the countytreasury within one week after receipt .

(7) FISCAL YEAR . The fiscall year , of eachinstitution shall commence July 1 and end . June30 of the following year .

(8) BOOKKEEPING . The department shallformulate . a system of keeping the books, ac-counts and records, and shall furnish blanks forreports, and reports shall be made accordingly .

(9) REPORTS ; gccourrrs. Thetrustees shallinstall a system of accounting and reporting,under the supervision ; of the department , andshall conduct its business in conformity there-with; and thee department may from time to timeauditt the books, records, documents, accountsand transactions of each institution .

(10) ANNUAL REPORT . On July 1 of eachyear the trustees shalll prepare a report for thepreceding fiscal year and shall transmit a copyto the department, a copy to the county clerk,and keep a copy on file at the institution . Suchreport shall be accompanied by an inventory ofall properties on hand onthe last day of the fiscalyear, an estimate of the receipts and expendi-tures forr the current fiscal year, and the reports


an annual meeting elect a successor to anytrustee from such county whose term will expireon the first Monday of the next following Janu-ary . The trustees shall have the qualificationsand functions and be subject to the limitationsand restrictions of trustees elected pursuant tosection 46 .. 18 . . They shall be reimbursed theirtraveling expenses necessarily incurred in thedischarge of their functions , and shall receivecompensation similar to that of the trustees,respectively, of" like county institutions ; and ifthe county board is empowered to fix the latter,the compensation of the joint trustees shall befixedd by joint action of the county boards ..

(5) All receipts on account of such institu-tion shall be paid into the treasury of the countyin which said institution is located.

(6) Prior to the election of the t r ustees thejoint committee, and thereafrer, the board oftrustees, shall audit all claims against said coun-ties on account of such institution; and all suchclaims shall, in the first instance, be certified toand paid by the county in which said institutionis located, subject to apportionment and adjust-ment among the several counties as follows :

(a) All expenditures for the site, buildings,furniture, èquipment, and permanent improve-ments, after deducting all receipts therefor ex-cept county appropriations, shall immediatelyupon payment be apportioned by the clerk of thecounty in which the institution is located andcertified to the clerks of the other counties, onthe basis of the percentage which the valuationof the taxable property in each county bears tothe valuation of the aggregate taxable propertyin all said counties, as determined pursuant tosection 70 . 57 .

(b) All expenditures for repairs, mainte-nance, and operation, after deducting all re-ceipts therefor except county appropriations,shall be so apportioned for ' each month, on thefirst day of the next succeeding month, on thebasis of the percentage which the aggregate costof keeping the inmates at public charge fromeach such county bears to the aggregate cost ofkeeping the inmates at public charge from allsuch counties, adopting as the unit of cost thetotal average cost per capita per week of keepingall the inmates, at public charge and otherwise,in said institution . .

(c) Immediately upon receipt of such cefti-fied apportionment each such other county shallpay over, to the county in which said institution islocated its proportion of said expense . .

(7) (a) If any net profit shall arise from theoperationn of said institution it shall be appor-tioned among the several counties on the basisprescribed in paragraph (b) of subsection (6) ;

46 .20 Joint county institutions . (1) Any 2or more counties may jointly, by majority vote ofall the members of each county board, providefor a county home, infirmary, hospital, tubercu-losis hospital or sanatorium, or, similar institu-tion, house of' correction or juvenile detentionhome,, which shall be established, maintainedand operated pursuant to all the statutes relatingto the establishment, maintenance and opera-tion of'simlat institutions, respectively, by anysingle county whose population is less than250,000, except as otherwise provided in thissection ; and in all respects, except as hereinspecified, each such institution shall be thecounty institution of each of the counties sojoining .

(2) The county board of each such countyshall elect ` 3 of its members to represent thecounty in a joint committee to select the site,anywhere within either of' said counties, andprepare the plans and specifications of the build-ings, for such institution; and said joint commit-tee shall be vested with all functions, relative tothe establishment of such institution, possessedby the county : board relative to like countyinstitutions,

(3) Upon approval of the site, plansandspecifications, as provided in s . 149,01 as totuberculosis sanatoriums' and s . 46.17, as toother institutions the joint committee shall re-port to the several county boards the estimatedcost of said site and buildings, and the amountther'eof' chargeable to each county on the basisset f'orth'in sub, (6) (a), appending to eachreport a copy of"the plans and specifications andall matter, relating to said site and buildings ; andif the said report shall be approved by eachcounty board, the joint committee shallpurchase saidd site and cause said buildings to beerected in accordance with the plans andspecifications .

(4) The functions of the joint committeeshall terminate upon completion of said build-ings ; and the board of trustees thereupon electedshall be composed of 2 electors from each countywhen. 2 counties join, and of one elector fromeach county in all other cases ; which trustees,except those elected at first elections, shall holdduring terms of '4 years in the former case, andas many years as there are counties joining in theother cases, Trustees elected at first electionsshall hold for~ terms beginning at once and soending that the terms of one member only willexpire on the first Monday of each succeedingJanuary, beginning with January of the secondyear thereafter ; which terms shall be allotted tothe respective trustees at their first meeting .The county board of each county joining shall at


and the county in which said institution is lo-cated shall pay over to the other counties, re-spectively, their proportions of such profit ..

(b) The board of trustees shall maintain as asegregated cash reserve the 2% charge author-ized by s . 7 .3 ..1.0 (9) . It may from time to timeappropriate from such reserve sums to be ex-pended solely for the enlargement, moderniza-tion or, replacement of such infirmary and itsequipment .

(8) The trustees shall transmit one copy oftheir annual report of thee tuberculosis sanato-rium m to the department ; and one copy of thereport of other county institutions to the depart-ment, one copy to the clerk of each,joint county,and shall file one copy at the institution . It shallbe itemized with respect to the several countiesand shall,, in addition to the requirements ofsection 46 .18 (7) to (10), include an itemizedstatement showing the amounts of the receiptsand profits credited and expenditures charged tothe several counties for the past fiscal year, andan estimate of such amounts for the ensuingfiscal year ; and each county board shall providefor meeting its estimated share of saidexpenditures ..

(9) At any time after the organization of anysuch institution, any additional county or .coun-ties may join in the support and conduct thereofupon payment of such equitable proportion ofthe original cost of its establishment, and any,joint county may withdraw, upon such terms, asmay be agreed upon among the county boards ofthe counties interested; and thereupon the boardof trustees of such institutionn shall be reorga-nized, in such manner as may be determined bythee county boards of the participating counties,to conform to the provisions of subsection (4) .

(10) Any county or counties maintaining atuberculosiss sanatorium may convey said prop-erty or any part thereof or any interest therein toany other county or counties upon such termsandd conditionss as the respectivee county boardsthereof shall agree by a majority vote of all themembers of each of said county boards .

History: 1971 c.: 1088 s .. 6; 1975.c„ 413 s 18 .

46 .205 County : home In adjoining county.The county board of any county may by amajority vote of all of its members provide for ahome fox, the aged and physically disabledd in anadjoining county and all bonds heretofore issuedfor the construction or other acquisition of sucha home in any county or an adjoining county arehereby validated and the proceeds from thebonds may be used in the construction or other,acquisition of a home in such county or, anadjoining county. When any county shall estab-lish such home in an adjoining county it shall be

46.21 County . boardd of public welfare inpopulous : counties. (1) APPOINTMENT ; OR -GANIZATION; COMPENSATION. (a) In each

10..39 SOCIAL SERVICES 46.21

maintained and operated under the same stat-utes which would be applicable to the mainte-nance and operation of the home if it wereestablished in such first county,

History: 1977 c 83 .

46 .206 - Welfare services ; .; supervisoryfunctions of state department . (1) (a) Thedepartment shall supervise the administration ofsocial services and aid to families with depen-dent children The department shall submit tothe federal authorities state plans for the admin-istration of social services and aid under s . 49 19in such form and containing such information asthe federal authorities require, and shall complywith all requirements prescribed to ensure theircorrectness..

(b) All r'ecor'ds of the department and allcounty records relating to social services, aid tofamiliess with dependent children and aid underss, 49,18, 49 .20 and 49.61, 1971 stats ., as af-fected by ch 90, laws of 1973, shalll be open toinspection at all reasonable hours by authorized .representatives of the federal government . Allcounty records relating to the administration ofsuch services and public assistance shalll be opento inspection at all reasonable hour's by author-ized representatives of the department .

(c) The department may at any time audit allcounty records relating to the administration ofsuch services and public assistance and may atany time conduct administrative reviews of'county departments of public welfare created byss. 49,51 (2) (a) and 46 . .22. Whenever thedepartment conducts suchh audit or administra-tive review in a .county it shall furnish a copy ofthe audit or administrative review report to thechairperson of the county board, to the countyyclerk, to the chairperson of the county board ofpublic welfare or' social services, and to thedirector of the county department of publiccwelfare, of such county .

(2) The county administration of all lawsrelating to social services and aid to familieswith dependent children shall be vested in theofficers and agencies designated in the statutes .

(3) The use of the words "county agency" inany statute relating to . social services or aid tofamilies withh dependent children means thecounty department of publicc welfare or socialservices as created by s. 46,22 (1) or 49 .51 (2)(a) . .Nothing in this subsection shall deprive thecourt assigned to exercise jurisdiction under chi48 of any authority it otherwise has under, thelaw„

Hi s tory: 19'1.3 c,147 ; 1977 c . 271, 449 .

superintendent or medical director of the countyymental health center, north division . The pow-ers and duties of the board are advisory andpolicy forming only, and not administrative orexecutive. The board is without authority toadopt policy changes that would increase ex-pendituces beyond budget limitations for thefiscal year, as fixed by the county board ofsupervisors , Proposed policy changes shall, inall instances, be presented to the director and thefinance committee of the county board at thetime the department's budget for the ensuingyear is being considered ..

(b) The hospitals and sanatoriums of thecountyy shall be devoted to hospital service andthe treatment of such persons who would other-wise be unable to secure the same, but otherpersons may be admitted to the county hospitalsupon such terms and conditions as the boa rdestablishes . Such hospitals and sanatoriumsmay be utilized for such instruction of medicalstudents, physicians and nurses and for, suchscientific and clinical research as will promotethe welfare of the patients, and assist the appli-cation of science to the alleviation of humansuffering . The board, subject to the approval ofthe county board, may make such arrangementswith the medical school of the university ofWisconsin or any other dul y accredited medicalcolleges and medical societies for teaching andresearchh in such institutions as in their judgmentwill best promote the foregoing hospital aims .

(c) The boardd shall appoint a director of'institutions and depac, tments pursuant to ss .63 01 to 6 .3 ; 17. Such appointment shall be madeon the basis of recognized and demonstratedpublic interest in and knowledge of the problemsof public welfare, and with due r 'egar' d to train-ing, experience, executive and administrativeability and efficiency, and general qualificationsand fitness for performing the duties of theoffice . Such director shall file an official oathand bond in such sum as shall be fixed by thecounty board of supervisors .. Upon request of theboard of public welfare, the county board ofsupervisors may create one or 2 positions ofdeputy director of institutions and departments .The person holding the position of' director ofinstitutions and departments, under the classi-fied service, on June 16, 1974 shall continue inthat capacity under, civil service status until hisdeath, resignation or- removal from the, position. .Thereafter such director shall be appointed bythe county executive in the unclassified civilse rvice for a term of 4 years or less to beconcurrent with the term of the county executiveand subject to confirmation by the countyy board .An incumbent shall hold office until a newappointment is made by the county executiveand confirmed by the county board .

county having a population of 500,000 or morethere is created a board of 5 members known asthe county board of public welfare, referred to inthis section as the board . The county board ofsupervisors by a majority vote of the members-elect shall choose 4 members of the board fromamong the electors of the county and one mem-ber from the membership of the county board ofsupervisors : All members shall hold office forthe term of 4 years. Appointmentss shall bemade on the basis of recognized and demon-strated interest in and knowledge of theproblemss of public welfare . A majority of theboard constitutes a quorum . Each member ofthe board shall take and file an official oath andshall execute and file an official bond withsureties approved and in a reasonable sum fixedby the county board of supervisors .

(b) Each member of the board shall receiveas compensation for his services such sum as thecounty board of supervisors shall provide, to bepaid as other, county officers are paid, providedthat the member chosen from the county boardshall receive a reasonable compensation to befixed by the county board in addition to hisregular salary

(c) Said board shall annually elect a chair-man, vice chairman and secretary . The vicechairman shall serve in the absence of the chair-man, The secretary shall be responsible for theminutes of every meeting of said board . Thecounty board shall provide said board with suit-able quarters for,the transaction of its business .

( 2) DUTIES AND RESPONS IBILI TI ES OF THEBOARD. (a) Such board shall be charged withsupervising the operation, maintenance and im-provement in each county by the director ofinstitutions and departments, of the county hos-pital, dispensar'y-emer'gency unit of the hospital,guidance clinic, infirmary, home for children,the detention home, and the probation section ofthe children's court center, and the provisionand maintenance of the physical facilities forthat court and its intake section under, thesupervision and operation of the judges assignedto exercise `jurisdiction under' ch„ 48 and asprovided in s . 48 .06 (1), mental health center',north division and south division, tuberculosishospital, department of public welfare or socialservices created by s. 49,51 (2) (a), countyagent's department, farm, service departmentsand such other, institutions and departments asare placed under the jurisdiction of the board ofpublicc welfare by the county board of supervi-sors, and all buildings and land used in connec-tion with any or- all such institutions . A diagnos-tic and treatment center, may be designated aspart of the county mental health center, northdivision, and all personnel fully attached to thatfacility shall be under the jurisdiction of the


(d) Provisions shall be made in the organiza-tion of the office of director, for the devolution ofhis authority in thee case of his temporary ab-sence, illness or other disability to act . . :

(e) The county may pay a reasonable fee andthe actual travel expense of persons called intoconsultation by the board as to matters withinthe field of public welfare . .

(g) The board shall establish such rules andregulations as may be necessary for the manage-ment and operationn of the county institutionsand departments mentioned in section 46 .21 (2)(a) .

(h) Rules and regulations adopted by andpolicies established by such board of publicwelfare shall be subject to change by the countyboardd of supervisors, by a majority vote of themembers elect thereof .

(i) The board may allow asa work allowanceto inmates at its institutions such amount asshall be approved and appropriated by thecounty board of supervisors, The county boardof supervisors shall prescribe the amount of'suchwork allowance after the board of public welfarein conjunction with the director determines suchreasonable hours, and health and other condi-tions, as shall be observed in connection with theemployment. Such employment shall not beconsidered within the provisions of ss . 6101 to63.17 nor: shall it be subject to the provisions ofch. 102. Work allowances or wages, paid toinmates shall not be included as costs in arrivingat the per capita rate for state aids or charges toother counties and the state for care of inmates ..

(3) DUIIES AND RESPONSIBILITIES OF 'THE DI-RECTOR. (a) All of the administrative and exec-utive powers and duties of managing, operating,maintaining and improving the several institu-tions andd departments, specified in subsection(2) (a) of this section and such other institu-tions and departments as may be placed underthe jurisdiction of such board of public welfareand director, by the county board of supervisors,shall be vested in such director, to be adminis-tered by him under the rules promulgated andsubject to the policies andd in accordance withthe principles established by,such county boardof public welfare

(b) Contracts and purchases of the director-shall > be subject to an inspection either r by theproper committee of the county board of super-visors or- such other agency as such county boardof supervisors may select, provided, that nothingherein contained shall preclude the setting up ofa central purchasing department for all countypurchases, if so determinedd by such board ofsupervisors .

(4) DEPARTMENT HEADS, OFFICERS AND EM-PLOxES .' (a) The director shall appoint, pursu-ant to ss. 63.01 to 63,17, and subject to the

approval of the county welfare board, depart-ment heads who shall, under the direction of saiddirector, have the care and management respec-tively ofthe several institutions and departmentsspecified in sub . (2) (a) and such others as maybe placed under the , jurisdiction of said directorand board by the county board of supervisors .Upon recommendation of the director, approvedby the board, the county board of supervisorsmay place more than one institution or depart-ment under the management and direction ofone, department head . . The board may prefercharges against the director of institutions anddepartments or any officer or employe in any ofthe county institutions and departmentss underits jurisdiction and for that purpose shall bedeemed an appointing power within the lan-guage of s . 63 .10..

(b) Each such department head shall takeand file his official oath and execute and file anofficial bond with the sureties approved and insuch sum as shall be fixed by the county board ofsupervisors .

(c) Each of such department heads shall,subject to the approval of said dir 'ector', havepower to appoint, discipline and remove, underthe provisions of ss 63 .01 to 63, 17 all of'fi cer'sand employes in his department ., Such depart-ment heads may at any time present communi-cations to the board upon any matter throughthe director who shall present such communica-tions to the board at its next meeting thereafter ..

(d) Professional staff ' responsible for the careof patients under this section may submit billsfor professional services under rules and regula-tions approved by the board „

(5) ADMISSION OF INMATES FOR PAY .. (a)Any resident of this state, not indigent, may bereceived into the infirmary, to be treated, caredfor,, and maintained uponn such terms and condi-tions and atsuch rate of pay as may be estab-lished by the board ; but indigent and destitutepersons shall have preference in admission toand care in such institution ,

(b) Sections 49 ..08, 52.01 and 52 .: 0.3 shallgovern- the support and maintenance of personsin any of the institutions in charge of saiddirector . .

(6) REPORTS; . APPROPRIATIONS ; EXPENDI-

TURES . (a) On the first day of July of each year,or within 30 days thereafter, said director shallrender an annual report together with the re-ports of the department heads, including anitemized statement of receipts and ,, disburse-ments for ' the preceding calendar year ., Suchdirector shall maintain the uniform systemm ofbooks, accounts, records and reports prescribedby the department, conforming in all respectswith the provisions of section 46 .18 (7) to (10) . .

1041 SOCIAL. SERVICES 46.21

(b) The county board shall make sufficientappropriation annually for the support, mainte-nance, salaries, repairs and improvements tosaid institutions ;; and such appropriations somade shall be used for such purposes and subjectto the order of such director in such manner asthe regulations of the board of public welfareshall provide; but neither the director nor' suchboard shall incur any expense nor make anycontract for new° buildings or additions topresent buildings, or for the purchase of land,without first being.: authorized so to do by thecounty board, nor until the county board hasappropriated or, provided for the money to de-fray such expense .

(c) Notwithstanding any other provisions ofthe statutes, expenditures chargeable to appro-priations of the county board of public welfareshall be made upon certified vouchers, certifiedvoucher- schedules, and certified public assist-ance rolls of the director of institutions anddepartments to the county clerk . The countyboard of supervisors may by ordinance permitsaid director to delegate his authority to makesuch certifications to persons under his,jurisdic-tion holding positions designated in such ordi-nance. The county clerk shall issue countyorders upon the county treasurer in payment ofsuch certified instruments, provided that a sin-gle county order in favor of the county treasurermay be issuedd for the total . amount authorizedon, a public assistance doll, in which case thecounty treasurer shall make individual pay-ments by bank checks to parties listed on suchpublic assistance rolls, provided further that thecounty board may by ordinance adopt a differ-ent method of making disbursements consistentwith sound accounting and auditing procedure

(7) CLirrics. The director is hereby empow-ered to establish and conduct clinics in connec-tion with the county hospital, subject to suchrules and regulations as the board of publicwelfare may prescribe .

(8) POWERS OF BOARD; EMERGENCY HOSPI-TAL. The board of public welfare, as aforesaid,upon authorization of the county board, shallhave and exercise the following additionalpowers :

(a) To establish and maintain a public healthand medical dispensary and conduct same asmay be proper and necessary' for thepreserva-tion of the public health and the prevention ofdisease in such county .

(b) To establish and maintain in connectionwith such county hospital an emergency unit ordepartment for the treatment, subject to suchrules and regulations as may be prescribed bysuch board of public : welfare, of persons in saidcounty who may meet with accidents or besuddenly afflicted with illness not contagious ;

provided that medical care and treatment shallonly be furnished in such unit or departmentuntil such time as the patient may be safelyremoved to another hospital o r to his place ofabode, or regularly admitted to said countyhospital . Notwithstanding the aforesaid author-ity the board of' public welfare when approved bythe county board may enter' into contracts withany private hospital or nonprofit hospital, asdefined in s. 50.. 21 , within s a id county for the useof itss facilities and for medical service to befurnished by a licensed physician or physiciansto emergency patients ar ising within the countyand who require emergency medical treatmentor first aid as a result of any accident , injury orsudden affliction of illness, except that reason-able compensation may only be authorized forsuch period of time until the patient may beregularly admitted as an inpatient or safelyremoved to another hospital or, to his place ofabode,

(c) , To establish and maintain in connectionwith the institutions and departments under thecontrol of such board, a training school fornurses and to purchase and take over , all prop-erty, and to assume all obligations, and to con-duct any training school now operated in con-nection with said institutions or departments orany of them.

(d) To establish and maintain in connectionwith or separate from the county hospital 'a unitor' department for the treatment, subject to suchrules and regulations as may be prescribed bysaid board of public welfare, of persons in saidcounty who may be afflicted .d with contagiousdiseases .

(9) LAND FOR MEDICAL FACILITIES, Thecounty board may, on such terms as itprescribes, make its land, buildings, facilitiesand supportive services available to organiza-tions for' the construction and operation of Medi-cal, hospital and health-related activities at thesite of the institutions under' this section . .

(10) AUDIT . (a) The county board of super-visoi s in counties having a population of 500,000or more shall direct, at least once every 3 year 's, atotal p rogra~, m audit of the county department ofsociall services to be conducted by the statelegislative audit bureau . The audit shall includeprogram, fiscal, compliance and managementelements and shall be directed toward thefollowing :

1 . Examination of procedures for applying forand receiving grants and services adminis-tered by the county department of socialservices;

2 . A general examination of the efficiencyand effec i~£ veness with which alll programs areadmixnistei ed by the county department of' socialservices ;


board of supervisors . . The county board ofpublic welfa re sha ll :

(a) At the first meeting of' such board, electfrom their number, a chair man, a secretary, andsuch other off icers as they deem necessary .Vacancies in such offices shall be filled for theunexpired terms . The chairman shall preside atall meetings when present, and shall countersignall actions taken by the board , In case of theabsence of a chairman for any meeting themembers present shall choose a temporarychairman .

(b) Appoint a county director of public wel-fare subject to the pr ovisions of' s 49,50 ( 2) to(5) and the rules and regulations promulgatedthereunde r

(c) Supervise the working of the countydepartment of public welfare and shall be apolicy-making body determining the broad out-lines and principles governing the administra-tion of the functions, duties and powers assignedto said department under s.. 46 . 22 (4) and (5),

(d) Whenever it determines that there is aneed therefor, appoint committees consisting ofresidents of the county, which committee shalladvise with the board on any matters for whichthey are created, but members of such commit-tees shall serve without compensation .

(e) Consult with the county director of publicwelfare concerning the preparation of the an-nual budget, the annual report of the operationof the county department of public welfare andthe appointment of necessary personnel

(3) DixECrox . The count y di rector of ' publicwelfare shall serve as the executive and adminis-trative officer of the county department of pub-lic welfare . In consultation and agreement withthe county board of public welfare he shallprepare and submit to ' the county board ofsupervisors an annual budget of all funds neces-sary for thee county department , and shall pre-pare annually a full report of the operations andadministration of the depa r tment . The countyboard of supervisors shall review and approve,reject or revise by majority vote the annualbudget of the county department of public wel-fare,. The countyy di rectorr shall recommend tothe county board of public welfare the appoint-ment of employes necessary to administer thefunctions of' the depa rtment , subject to sub . (6)andd s. 49.50 (2), to (5) andd the rules promul-gated . . thereunder , The county director, shallmake recommendations to the county board ofsupervisors, who shall fix the salary of suchemployes ,

(4) POWERS AND DUTIES . ' The county de-partment of" public welfare shall have the follow-ing functions, duties and powers in accordancewith the rules and regulations promulgated by

3 . A measurement of how effectively thegoals and obiectives_of' these programs are beingmet by the county department of social ser vices ,including a determination of whether the de-partment has considered alternatives whichmight yield the desired results at a lower cost ;and

4 . An examination of whether financial oper-ations are properly conducted, whether the fi-nancial and accountingg reports of the countydepartment of social services are fai rlypresented, and whether the department hascomplied with applicable laws , rules and regula -tions of the state and fede ral governments gov-erning the programs unde r its administration .

(b) The cost of the audit shall be paid f romthe appropriation under s . 20,765 (3) (c) .

(c) The state legislative audit bureau shallconsultt with the county audit department andthee state department of health and social ser-vices during the .e performance of the audit inorder to incorporate the findings of these agen-cies -into the aud it report required under; par .(a )

(d) Upon completion of the audit report , thelegislative audit bureau shall notify the legisla-ture, the county board of supervisors and thesecretary of health and social services that cop-ies of the report are available on request .

History : 1973 c . 1 36, 153, 262; 1975 c. . 224 ; 1975 c . 41 .3 s ..18; 1977 c. . 271, 27 2, 449 ..

46.22 County public welfare department .(1) CREATION. Every county having a popula-tion of lesss than 500,000 may by a vote of itscountyy board of supervisorss electt to be under, s .46 . 21 .. .. In every county having a population ofless than 500,000 thatt has not electedd to beunder s . 46 . 21, there is createdd a county depart-ment of public welfare . This county departmentshall consist of a county board of public welfare ,a county director of public welfare , and neces-satypersonneL

(2) BOARD . The county board of publicwelfare shall consist of a board of 3 , 5 or, 7residents of the county (as determined by thecounty boa rd of supervisors) elected by thecounty board ofsupervisors or appointed by thechairmann of said county board, : in accordancewith the rules and regulations of said board. Themembers of such county board of public welfareshall be elected or appointed either fromm mem-bers of the county board of supervisors or fromthe 'county at large, or both, on the .e basis ofknowledge and interest in public welfare andshall hold office for a term fixed by the countyboard of supervisors . The members of thecounty board of public welfare shall receive suchcompensation as shall be fixed by the county

104.3 SOCIAL SERVICES 46 .22

Wisconsin general hospital, Wisconsin orthope-dic hospital for children, center for. the develop-mentally disabled, central state hospital andEthan Allen school.NOTE: Chapter 418 , laws of 1977, amends subd , 2, effective

January 1 , 1981 , to read :" ( 5) (a) 2 . State institutions. Me nd ota mental hea lth in-

stitut e, W inne bago mental h e alth institute, university of Wis-con sin hospital and clinics, c e nte r for the developmentall y dis-abled and Ethan Allen school."

(am) Paragraph (a) shall not be construed toauthorize the county department of public wel-fare to make investigations regarding admissionto or. release from the Waupun correctionalinstitution, the Green Bay correctional institu-tion ; the Taycheedah correctional institution,county houses of correction, jails, detentionhomes or, r'efor'estation camps .NOTE: Par . (am) is shown a s amended b y chapter 418,

laws of 1977, s ection 297, effecti ve July 1 , 1979.(b) Administer relief' under ss . 49.02 and

49.03 in the event that the county administersrelief under those sections,

'(e) Make investigations which are providedfor under s .. 48 .88 (2) (a), if the court havingjurisdiction so directs .

(d) Perform the duties and functionss pre-scribed in s .48 . .08 when requested to do so by thejudge assigned to exercise jurisdiction under, ch,4&.

(e) To furnish services to families or personsother than the grantingg of financial or materialaid where such services may prevent such fami-lies or persons from becoming public charges orrestore them to a condition of self-support .

(f) To make certification or referral ofeligibles for state or federal works or' otherassistance programs, eligibility forwhich isbased on need, when designated to perform suchcertification or referral services, and to certifyeligibility for and distribute surplus commodi-ties and foodstuffs .

(g) To administer child welfare services in-cluding services to children who are mentallyretarded, dependent, neglected, delinquent, orborn out of wedlock, and to other children whoare in need of such services .. In administeringchild welfare services the county agency shall begoverned by the following:

1 . . The county agency may avail itself of theco-operationn of any individual or private agencyor organization interested in the social welfareof children in such county .

2, . The county agency shall administer andexpend such amounts as may be necessary out ofany moneys which may be appropriated forchild welfare purposes by the county board ordonated by individuals or private organizations . .

3 . Upon the request of the judge assigned toexercise jurisdiction under ch . . 48, the countyagency shall investigate the home environment

the department and subject to the supervision ofsaid department :

(a) To administer aid to families with depen-dent children under s 49 . . 19 ..

(b) To maintain administrative and report-ing relationships with all pertinent statedepartments .

(c) To make investigations which relate towelfare services • upon request by thedepartment .

(d) To administer, relief to needy Indiansunder s . 49.046 when appointed by the depart-ment under such section ;.

(e) To certify eligibility for and issue foodcoupons to needy households in conformity withthe federal food stamp act of 1964 as amended ..

(f) To make payments in such manner as thedepartment may determine for training of recip-ients, former recipients and potential recipientsof aid in programs established under s . 49,50(7 ) .

(g) To provide social services for : .,1 . Per -sons eligible for ' or receiving supplemen-

tal securityy aids under Title XVI of the socialsecurity act .2. Persons eligible for or' receiving state sup-

plemental payments under , s . . 49.177 . .3 . Persons eligible for or , receiving aid to

families with dependent children under, s . . 49 .1 . 9 . .(j) To submit annually a program plan and

budget in accordance with s . 46 .031 for servicesauthorized in this section, except for the admin-istration of and cost of aid granted under , ss.49.02, 49 ..03, 49,19 and 49 .45 to 49.47. Theapproved plan and budget shall not exceed theavailable amount of funds .

(k) To administer admissionss to the univer-sity of Wisconsin hospital and clinics under ch .142 .

(5) POWERS AND nuriES . The county boardof supervisor' s may provide that thee county de-paTtment of public welfare shall, in addition toexercising the mandatory functions, duties, andpowers as provided in sub . (4), have any or alll ofthe following functions, duties and power's andsuch otherr welfare functions as may be dele-gated to it by such county board of supervisors:

(a) Make investigations in co-operation withthe court, institution ' superintendent, districtattorney and other agencies and officials operat-ing in the welfare field regarding admissions toand release (or conditional release) from thefollowing county and state institutions :

1 . County institutions. County infirmary,home, hospital (for mental diseases, tuberculo-sis or otherwise) or asylum .

2 . State institutions. Mendota mental healthinstitute, Winnebago mental health institute,


and other factors in the life of any child broughtto the theattention -of. the court for alleged depen-dency, neglect,' or delinquency, and to assumeguidance and supervision of any child placed onprobation by that court .

4. Upon the request of the department ofhealth and social services and under its direc-tion, the county agency shall assume the over-sight of any juvenile under parole from or other-wise subject to the supervision of any stateinstitution

5. The county agency shall have the powersand duties specified in s . 48 .,57 .>' (gm) The authority given to the county de-partment of public welfare under par . . (g) tofunction as an a uthorized child welfare agencyshall not be interpreted as excluding agencieslicensed pursuant to s, 48 60 from also exercis-ing such functions .

(5 1fl ) PURCHASE OF CARE AND SERVIC E S ., (a)In o r der to insure the availability of a full rangeof care and services, county agencies may con-tract, either directly or through the state depart-ment, with public or voluntary agencies orothers to purchase, in full or in part, care andservices which county agencies are authorizedby any statute to furnish in any manner . Suchservices may be purchased from the departmentwhere the department has staff to furnish suchservices, The county agency, if" it has adequatestaff; may sell such care and services directly toanother county or state agency,

(b) A county agency may purchase develop-ment and training services from the state de-partment or from other county agencies whensuch services are available or sell such develop-ment and staff training' services to anothercounty or state agency when they have adequatestaff to provide such service.

(c) County agencies shall submit to the de-partment plans and, contracts for care andd ser-vices to be purchased . Such contracts shall bedeveloped under s ., 46 .036. The departmentshall review such contracts and approve them ifthey. .y are consistent with s . 46 ..0366 and to theextent that state or federal funds are availablefor suchh purposes. The joint committeee onfinance may require the department to submitsuch contracts to the committee for review andapproval. The department shall not make anypayments to a county for programs included .. inthe contract which is under review by the com-mittee : I f thee committee requires the submittalof the contracts, approval of the contracts shallbe considered as are requests for supplementalappropriations under s : 13 ;101. (5) and (6) Thedepartment shall reimburse each county for

such approved contr acts from the appropria-tions under s 20.435 (4) (df) and (p) accord-ing to s.` 49 52, or from the appropriation unders . . 20 435 (2) (b) .

(6) MERIT SYSTEM srntus . Section 49,50(2) to (5) shall be applicable to the countydepartment of" public welfare created by thissection .

(7) RULE S, RECORDS . The county depart-ment of` public welfare and all county officersand employes performing any duties in connec-tion with the administration of aid to the blind,old-age assistance, aid to families with depen-dent children and aid to totally and permanentlydisabled persons shall observe all rules andregulations promulgated by the department pu t -suant to s . 49: ; 50 (2) and shall keep such recordsand furnish such reports as the departmentr equires in relation to their performance of suchduties .

History: 197 1 c 164, 218 ; 1973 c 90 ss . 226, 560 (3); 1973c 147, 333; 1975 c. 39 ; 1975 c.. 189 s 99 (1), (2) ; 1975 c 224ss , 52p, 146m1975 c. 30 '7, . 422; 1975 c . 430 s.78 ; 1977 c. 29ss. 560, 1656 (18) ; 1977 c. 83 s 26; 1977 c. 418, 449 .

The county board of public welfare rather than the boardof supervisors has the authority to appoint a county welfaredirector . 62 Atty . . Gen .. 114

Under 49 ..26, (1971. Stats , ), a county department of socialservices, by its director, may make valid conveyances of realestate acquired by the department as a result of old-age-assistance lien foreclosures or transfers in lieu thereof, or asthe result of assignments to the department made by thecounty court in probate or administration proceedings in theestates of old-age-assistance recipients; or of out-of-state realproperty voluntarily transferred to the department. 63 Atty ..Gen 488

In counties under 500,000 which have not elected to beunder 46 . 21, county board of public welfare has exclusivepower to appoint and terminate county welfare departmentemployes: 65 Atty . Gen 163 ,

46.23 Community human services board .(1) " INTENT . The intent of this section is toenable and encourage counties to develop andmake available to all citizens of this state acomprehensive range of human services in anintegrated and efficient manner ; to utilize andexpand existing governmental, voluntary andprivate community resources for- the provision of

` services to preve nt or ameliorate social, mentaland physical disabilities ; to provide for the inte-g ration of administration of those services andfacilities organized, under this section throughthe establishmenti `' f a unifiedd governing andpolicy-making board of directors; and to author-ize state consultative services, reviews and es-tablishments of standards and grants-in-aid forsuch propr~ams of serv i ces and facilities .

(2) DEFINITIONS . In th is section :

(a) "Board " meanss the community humanservices governing and policymaking board ofdirectors .

(b) "Department" means the department ofhealth and social services „


expire each year ., Vacancies shall be filled in thesame manner as the original appointments . . Anyboard member may be removed fiom office for -cause by a two-thirds vote of each county boardparticipating in the appointment, on due noticein writing and hearing of the charges against themember .

(5) BOARD POWERS, DUTIES AND FUNCTIONS .,(a) A board shall possess all the powers andduties so assigned by law to boards organizedunder ss . 46 . . 21, 46 . . 22, 5142, 51 .. 4.37, 59 025(3) (a), 140 09 and 14101, except as otherwisespecified in this section or as specified by actionof the county boards establishing such board

(b) The board shall prepare a local plan forthe delivery of human services which includes aninventory of alll existing resources,, identifiesneeded new resources and services and containsa plan for meeting the health, mental health andsocial needs of individuals and families . Theplan shall be based on an annual need survey ofthee prevalence and incidence of the variousdisabilities within the geographic boundaries ofthe board The plan - shall also include theestablishment of tong-range goals andintermediate-range plans, detailing prioritiesand estimated costs and providing for coordina-tion of local services and continuity of care .

(c) Prior- to adoption of ' the plan by the board,it shall hold a public hearing on the plan :, As faras practicable, the board shall annually publishor otherwise circulate notice of its proposed planand afford interested persons opportunity tosubmit data ar' views orally or in writing . .

(d) Thee board:1 . Shall develop an annual program plan and

budget, request for submission to the departmentfor review and approval as specified in par . (e) ..

2 . Shall determinee administrative and pro-grain policies within limits established by thedepartment. Policy decisions not reserved bystatute f"or , the department may be delegated bythe secretary to the board : :

3 Shall' establish priorities in addition tothose mandated by the department .

4. Shall determine whether state mandatedservices are provided or purchased o f contractedfor with local providers, and monitor the per-fotmance of such contracts : . Purchase of ser-vices contracts shall be subject to the conditionsspecified in s . 46.036 .

5 . Shall determine what additional servicesare to be provided directly by the board,purchased from other agencies, or provided on areferral basis only..

6, Shall represent human service agencies,p rofessionals and consumers of services in nego-tiations with the state and federal governments,

7 . Shall appoint - a program director on thebasis of recognized and demonstrated interest in

(c) "Director" means the director appointedby the board . .

(d) "Human services," means the total rangeof services to people including, but not limitedto, health care, mental illness treatment, devel-opmental disabilities services, income mainte-nance, probation and parole services, alcoholand drug abuse services, services to children,youth and aging, family counseling, exceptionaleducational services and manpower services .

(e) "Program" means community servicesand facilities for the prevention and ameliora-tion of social, mental and physical disabilities,.

(f) "Secretary" means the secretary ofhealth and social services .

(3) HUMAN SERVICES BOARD ESTABLISH-MENT, (a) The county board of supervisors ofany county, or the boards of supervisors of one ormore contiguous counties having a population of50,000 or more may, by resolution of'the countyboards of supervisors, establish a board on acounty, multicounty or sub-county basis havingthe composition, powers and duties provided insubs. (4) and (5) The secretary may permit acounty or group of counties having a populationof less than 50,000 to establish a board .

(b) The county boards of supervisors shallrevieww and approve the overall plan, programand budgets proposed by the board .,

(c) No funds may be allocated to any combi-nation of counties until the counties have drawnup a detailed contractual agreement, approvedby the secretary, setting forth the, plan for jointsponsorship ..

(4) BOARD ORG ANIZATION, APPOINTMENT,COMPOSITION AND TERMS OF MEMBERS.. (a) Thecounty board or boards of supervisors of anycounty or combination of counties establishingor administering a program shall, before qualifi-cation under this section, appoint a governingand policy-making board of directors to beknown as the community human services board

(b) In any county or any combination ofcounties,, the board shall be composed of not lessthan 7 nor more than 15 persons of recognizedability and demonstrated interest in human ser-vices, Not less than one-third nor more thantwo-thirds of the board members may be mem-bers of the county board of supervisors . Theremainder of" the board members shall be consumers of services or citizens-at-large . No pub-lic or private provider of services may be ap-pointed to the board,

(c) In a combination of" counties, the boardshall be constituted so that the representationsha ll be as equal as possible among the partici-pating counties .

(d ) Board members shall serve for terms of 3years, so arranged that as nearly as practicable,the terms of one-third of the members shall


and knowledge of human services problems,with due regard to training, experience, execu-tive and administrative ability and general qual-ification and fitness for the performance of theduties of the director . Such appointment shall besubject to the personnel policies and proceduresestablished by the county board or boards ofsupervisors establishing such board, .

8 . Shall appoint advisory committees for thepurpose of receiving community, professional ortechnical information concerning particular pol-icy considerations .

9. Shall determine the number and location ofout-stations when appropriatee to meet servicedemands .

10. May recommend to the county board orboards of supervisors the removal of the pro-grain director for, cause. The countyy boardd ofboards of supervisors may remove the directorfor cause by atwo-thirds vote of . each suchcounty, on due notice in writing and hearing ofthe charges against the director.

11 . Shall develop board operating procedures .12. Shall oversee the operation of one or more

service delivery programs .13. Shall evaluate services delivery .14. May perform such other general func-

tions necessary to administer the program.(e) The board shall submit annually a pro-

gram plan andd budget in accordance with s . .46.031 for authorized services in the form andmanner prescribed by the department . Theapproved plan and budget shall not exceed theavailablee amount of federal and state funds .

(f) The board shall cooperate to the extentfeasible with the school board, health planningagencies, law enforcement agencies, and other,human service agencies, committees and plan-ning bodies in the geographic area served by theboard.

(6) DIRECTOR ; POWERS AND DUTIES. (a) Allof the administrative and executive powers andduties of managing, operating,, maintaining andimproving programs shall be vested in the direc-tor, subject to such delegation of authority as isconsistent with this section and the rulespromulgated by the department under thissection.

(b) In consultation with the board and sub-,ject to its approval, the director shall prepare :1. An annual comprehensive plan and budget

of all funds.s necessary forr the program andservices authorized by this section in whichhpriorities and objectives for the year are estab-lished as well as any modifications of-long-rangeobjectives.

2. Intermediate-range plans and budget .3. Such other reports as aree required by the

secretary and the county board or boards ofsupervisors ;

(c) The director shall make recommenda-tions to the board for :

1 ., Personnel and salaries of employes.2 . Changes in the organization and manage-

ment of thee program.3 . Changes in program services .(7) SECRETARY; POWERS AND DUTIES.. (a)

The secretary may, with the approval of thedesignated board , delegate any duty, authorityor responsibility vested in the department rela-tive to any program or service provided by thestate on July 31, 1975 , to any board which hasan approved plan in effect for the affectedprogram or service . The authority grantedunder this section shall include the authority totransfer to a board that portion of anyunexpended approp riation which represents asavings to the department by virtue of the as-sumption by the board of the duty, authority orresponsibility as delegated .

(b) The delegation of any dut y, authority orr esponsibility, and transfer of funds therewith,shall be subject to the maintenance by the boardof applicable standards prescribed by the de-partment under par. (a) . Upon failure to main-tain the prescribed standards, anyy delegatedfunction and unexpended funds shall revert tothe department according to procedures estab-lished by it .

(c) The secretary shall report annually to thegovernor ' and the legislature on the operationsand effectiveness of the boards ' programs..

(8) ADVISORY COMMITTEES . (a) Each boardshall appoint one or more advisory committees ..Such committees shall actively participate in theformulation of the plan fo r the development ,implementation and operation of the programsand services by the board and shall make aformal recommendation to the board at leastannually concerning the annual budget of theboard and the implementation of the plan duringthe ensuing year .

(b) Membership on -the advisory committeeshall be determined by the board and shallinclude- representatives of those persons receiv-ing services, providers of services, and citizens ofthe community . The chairman shall be ap-pointed by the" boards Members of the boardmay not be members of such advisorycommittees .

(c) The advisory committee shall appointtask forces to assist in its functions . The taskforces shall be representative of the variousdisability groups served by the board. Taskforce membership shall be , constituted to fulfilldepartment requirements for receiving categori-cal funds. Where appropriately constituted, thecounty board may substitute, task forces forthose advisory bodies required by statute, rule orregulation to advise county welfa re boards and


other county and area boards . . No member of anadvisory committee may be appointed to thetask forces, except that each task' force shall bechaired by a member of the advisory committee .

(d) The board shall provide staff assistanceto the advisory committee .

( 9) BOARD EMPLOYE PROTECTIONS .. .(2) Allpersons employed by a county or by the state,`whose functions are assumed by a board shallcontinue as employes of the board without loss inseniority, status or benefits, subject to the meritor civil service systemHis tory : 1975 c 39, 224 ; 1977 c . 29,

46.25 Child support and establishment ofpaternity prog ram. (1) There is created achild support and establishment of paternityprogram in the department . The purpose of thisprogram is the establishment of paternity whenpossible and the enforcement of support obliga-tions owed by absent parents to their . childrenTo accomplish thee objectives of the program,county and statee agencies will cooperate withone another to implement a child support andpaternity establishment program in accordancewith state and federall laws, regulations andrules.

(2) The department shall constitute the statelocation service whichh shall assist in locatingparents who have deserted their children andother persons liable for support of dependents .The department may request and shall receiveany information which is appropriate and : neces-sary for the state location service available fromthe records of all departments, boards, bureausor other agencies of this state and the same shallprovide such information as is necessary for thispurpose within 7 days of such request.: Thedepartment or county child support agency maymake such information available only to thoseofficials as defined by state or federal law,agencies of this state, other states and politicalsubdivisions of this state and other states seekingto locate parents who have deserted their chil-dren. This information may be given to themonly upon their assurance that it will be usedsolely in connectionn with their, official dutiesunder, the child support and establishment ofpaternity program. Disclosure of informationunder this subsection shall comply with s . 402(a) (9) of the,, social security act, as amended(42 U.S,C.b02 (a) (9)) .

(3) The department, acting as a state loca-tion,service, shall furnishh all services under sub .(2) to any similarly appointed agency of an-other statee whichh by its laws is authorized tofurnish such services to this state or its agencies ..

(4) Except as provided in this section, noperson may use or disclose information obtained

46.50 State mental health authority . Inorder to promote co-ordination and efficientdevelopment of mental health services by thestate and by municipalities in the state, thedepartment is declared to be the state mentalhealth authority of Wisconsin and as such isauthorized to receive federal grants in aid and toco-operate with the federal government in pro-moting the extension of such services ..


by the state location service .. Any person violat-ing this subsection may be fined not less than$25 nor more than $500 or imprisoned for notmore than one year in the county jail or both .

(5) The department shall include fees forservices provided under, this section in its uni-form fee system under s . 46,03 (18) .

(6) The department shall establish, pursuantto federal and state laws, rules and regulations, auniform system of fees for services providedunder this section to individuals not receivingaid under s. 49.19 . . All such fees paid andcollected may be retained by the county provid-ingsuch service except for the fee specified in 42U.S.C. 653 for federal parent locator services .

History: 1975 c.. 82; 19'7'7 c, 26, 29, 203, 418 . .

46.36 ` Sewer system at Taycheedah cor -rectional institution . The department ofhealth and social services, with the approval ofthe governor, may enter' into an agreement con-taining such terms, conditions and covenants asare approved by the building commission, toparticipate in the construction of a sanitarysewer system in the area adjacent to theTaycheedah correctional institution in the townof Taycheedah, Fond du Lac county ; to connectthe sewer system of the Taycheedah correctionalinstitution thereto; to pay sewage disposalcharges; and to grant easements or convey landto meet construction r'equir'ements ..

History: 1975 c : 189 s 99 (1) ; 1975 c . . 224 s . 146m

46.37 Certain water and sewerage ser-vice In Winnebago county . The departmentas a member' of the tri-institutional Winnebagomental health institute, Winnebago county asy-lum and Sunny View sanatorium sewer agree-ment in Winnebago county is authorized tofurnish and charge for water and sewage ser-vices to business and dwelling units located inthe privately owned area lying west of the Win-nebago mental health institute and bounded onthe west by the railroad properties and on thenorth, east` and southh by the grounds of theWinnebago mental health .h institute, togetherwith such dwelling or other units as now exist oras may be erected on the railroad and stateowned property adjacent to this area ..

History: 1 973 c .. 90 s .. 560 ( .3),

46.80 Aging. (1) The department's primar yr esponsibility to elder ly persons is to assure thatalll elderly and disabled persons have availableand accessible a continuum of care or, a widerange of community and supportive services sothat they may remain in their homes and neigh-borhoods for as long as it is possible . Thedepartment shall be the mechanism by whichgovernmental and nongovernmental agenciesmay coordinate their policies , plans and activi-ties with regard to the aging . To this end it shall :

(a) Conduct a continuous review of the scopeand degree of coordination of all state programsand activities on the aging and make recommen-dations to the appropriate agencies regardingthe expansion , coordination , consolidation andreorganization of particular activities as ameans ' of developing a moree effective and effi-cient total program for the aging .

(b) Examine the need for future activities ,programs, services and facilities for the aging onthe state , local and voluntary levels .,

(c) Encourage, promote and aid in the estab-lishment of programs and services for the agingwithin subordinate' units of government andnongovernmental groups , and assist organiza-tions and committees in the development : ofprogramss in such manner as the division deemsappropriate. .

(d) Gather and disseminate informationabout programs, services,, activities and facilitiesfor the aging.

(e) Conduct a continuous program to stimu-late public awareness and understanding of theneeds and potentials of the aging ..

(f) Provide consultant service to assist in thedevelopment of local housing for the aged .

(2) The several state agencies shall cooper-ate with the department in making available to itsuch available data as will facilitate the work ofthe department . The department shall makeavailable to the several state agencies such infor-mation as it secures ' which will facilitate theeffective operation of their programs for theaging`

(3) The department may accept, on behalf ofthe state , and use gifts and grants for the pur-poses of this section . . It shall use, to the fullestextent legally possible, all available grants fromfede ral, state and other public or private sourcesto fund community home care services or pro.-grams which offer alternatives to institutional-ization'and which provide comprehensive ser-vices at the community level . The state plan forthe older Americans àct shall detailobjectivesdesigned to accomplish this purpose .

(4) The secretary shall appoint such technical staff as is necessary tocarry out the functionsof this program.

46 :85 : Senior companion program . (1)The department may establish and operate asenior companionn program . If operated, theprogram shall engage the services of low-incomepersons aged 60 or over, to provide supportiveperson-to-person assistance in health, educa-tion, recreation, welfare and related fields topersons aged 60 or over with special needs whoreside in their own homes, and it may engageother personss aged 60 or older, regardless ofincome, as volunteers in similar activities .

(2) If the department establishes a programunder this section, it shall promulgate rules for-the operation of the program .. Such.h rules shallinclude:

(a) A definition of "low income" which shallat least equal the guidelines of the federal AC-TION program .

(b) A'requirement that program units pro-vide accident and liability insurance coverageduring working' hours for all program partici-pants, including volunteers .

(c) A requirement that program units receiv-ing federal funds establish advisory councilsempowered according to, but not limited by,applicable federal guidelines . Council membersmay be reimbursed for transportation and otherexpenses incurred in service to the program .

(3) From the appropriation under s . 24.435(2) (bc), the secretary may make renewablestate grants-in-aid to qualified public and non-profit private agencies for the operation of local

1049 SOCIAL SERVICES 46.85

(5) The department shall administer a statesupplement to Title VII of the older Americansact, as amended, from the appropriation under s..20.435 (6) (b) which will promote expansion ofprojects throughout the state . All countiesreceiving Title VII moneys on or after ' July 1 ,1977 shall not receive an amount less than the1976-77 allocation as a result of the programexpansion .,

(6) The department shall make known tocommunities, county commissions on aging, anda rea agencies on aging the services providedunder s . 49 .46 (2) (a) 9 in an effort to stimulatethe development and provision of servicesther ein .

(7) The department shall administer a statesupplement from the appropriation under s.20435 (6) (c) to promote the renovation, re-furbishment , or when economically wa rranted ,the construction - of' multipurpose senior centerfacilities; the initiation or expansion of centerprograms; and the recruitment or training ofcenter staff. In orde r for a county to receivestate moneys, the county shall provide an equalamount, of which at least 50% shall be in cash .The program shall terminate on June 30, 1979 .

History: 197 1 c . 164 ; 1975 c. . 39, 200 ; 1977 c. . 29..

3 . Health education and counseling servicesin cooperation with existing health programswith respect to general principles of preventativehealth care ; health care consumer education ,particularly in the selection of physicians andhealthh care services and health insurance; fam-ily health care and nutrition ; alcohol and drugaddiction; and other related health care matters .

4. Financial management services which pro-vide information and assistance with respect toinsurance, taxes, estate and probate problems,mortgages, loans and other related financialmatter s .

5 Educational services , including outreachand information about courses offering creditthrough secondary or postsecondary educationprograms, including bilingual programmingwhere appropriate; and information about suchother programs which may be of interest andbenefit to displaced homemakers.

6 . Legal counseling and referral services .7 . Outreach and information services with

respect to public employment , education ,health, public assistance and unemployment as-sistance programs which may be of interest andbenefit to displaced homemakers .

(c) Supervisory, technical and administra-tive positions relating to the cente r, establishedunder this section shall, to the maximum extentfeasible, be filled by displaced homemakers.

(d) Trainees in a program established underpar. (b) 2, who have demonstrated a financialneed to the satisfaction of the department , shallbe paid a stipend not less than the federalminimum wage, established by the fair laborstandards act of 1938 (29 U .S.C„ 201 et seq . )while engaged inthe program ,

(3) SELECTION AND ADMINISTRATION OFCENTER . (a) In selecting a site for the centerestablished under sub . (2), the department shallconsider :

1 . . The location of any existing facilities fordisplaced homemakers and of any similar ex-isting services which mightt be incorporated intoa center .

2 . The needs of the various regions of the statefor a center.

3 . The needs of both urban and ruralcommunities ..

(b) As soon as possible after the selection of aparticular site for the center under par. (a), andin . any case not later than one year after May 19,1978, the department shall selectt a public ornonprofit private organization to administer thecenter . The selectionn of such an organizationshall be made after consultation with state andlocal government agencies, and shall take intoconsideration the experience and capability ofthe organizations in administering the se r vicesto be provided by the center.

senior companion program units. The grantsshall be for periods of 12 months or less and shallbe for', no more than 90% of approvednonfederal expenditures and other expendituresspecifically authorized by the secretary . Thegrants may not be used to match other statefunds .

(4) Low income older persons employed in asenior companion program shall be paid a sti-pend which compensates them for no more than20 hours per week at an hourly rate not to exceedthe federal minimum wage, and in addition shallreceive reimbursement for thecost of one mealper, working day, .

(5) All persons engaged in a senior compan-ion program, whether for compensation or asvolunteers, are eligible for :

(a) Transportation assistance, not to exceedmileage payments for 20 miles per day.

(b) Accidentand liability insurance coverageduring working hours .

History : 1977c 418„

46.90 Displaced homemakers act . (1)DEFIN I TIONS ., In this section :

(a) "Displaced- homemaker" means an indi-vidual who :

1 . Has worked in the home for a substantialnumber of years providing unpaid householdservices for family members ;

2 . . Is not gainfully employed ;3 . Has had, or would have, difficulty in secur-

ing employment; and4. Has been dependent on the income of

another family member but is no longer sup-ported by such income, has been dependent onpublic assistance but is no longer eligible forsuch assistance, or is supported as the parent ofminor children by public assistance or spousallsupport but whose children are within 2 years ofreaching their majority .

(2) MULTIPURPOSE S ERVICE CENTER. (a)The department shall establish a multipurposeservice center for displaced homemakers notlater than one year after May 19,' 1978 .

(b) The center shall include the followingservices:

1. Job counseling services specificallydesigned for displaced homemakers,

2. Jobb training and job placement serviceswhich shall develop, by working with state andlocal government agencies and private employ-ers, training and placement programs for jobs inthe public and private sectors ; assist displacedhomemakers in gaining admission to existingpublic and private job trainingg programs andopportunities ; and assist in identifying commu-nity needs and creating new jobs in the publicand private sectors . .


i


(c) The department may make grants from (4) EVALUATION . (a) The department, inthe appropriation under s . 20,435 (4) (fz) to consultation with appropriate persons, shall pre-the organization selected under par . (b) for the pare and furnish to the legislature evaluations ofpurpose of establishing and maintaining the the center established under this section . . Suchcenter . The organization shall be eligible for evaluation shall include a thorough assessmentgrants equal to the total cost of establishing and of'the center ; and recommendations concerningmaintaining a center.

(d) As soon as practicable and in any case not the administration and expansion of this andla"ter, than 6 months after May 19, 1978, the other possible centers,department shall promulgate rules prescribing . (b) The department shall submit to the legis-the standards which shall be met by the center in lature the first of the evaluations required underaccordance with the policies set forth in this this subsection not later than 18 months aftersection .. Continuing grants for' the maintenance May 19, 1978 .. Subsequent evaluations shall beof each center shall be contingent upon the made every 2 yearsdetermination by the department, based upon ( 5) NONDISCRIMINATION No person may,evaluations under this section, that the center is on the ground of sex, age, race, color, religion orin compliance with the standards prescribed bythe department. national origin, be excluded from participating

(e) The department shall consult and cooper- in, be denied the benefits of, or be subjected toate with the appropriate state and federal offi- discrimination under, any program or activitycials to facilitate the coordination of the center funded in whole or in part with funds madeestablished under this section with existing pro- available under this section,grams of a similar nature. History: 1977 c ais .

Documents

TITLE VII. Charitable, Curative, Reformatory And Penal ... · tures, facilities and permanent improvements. 46. 036 Purchase ofcareand services. 46. 037 Rates for residential child