reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.018 - Disbursement of funds and facsimile signatures.

46.018
Disbursement of funds and facsimile signatures.
Withdrawal or disbursement of moneys deposited in a public depository, as defined in s. 34.01 (5), to the credit of the department or any of its divisions or agencies shall be by check, share draft or other draft signed by the secretary or by one or more persons in the department designated by written authorization of the secretary. Such checks, share drafts and other drafts shall be signed personally or by use of a mechanical device adopted by the secretary or his or her designees for affixing a facsimile signature. Any public depository shall be fully warranted and protected in making payment on any check, share draft or other draft bearing such facsimile signature notwithstanding that the facsimile may have been placed thereon without the authority of the secretary or his or her designees.
History:  1983 a. 189 s. 329 (21); 1983 a. 368, 538.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.02 - Agency powers and duties.

46.02
Agency powers and duties.
Any institution that is subject to chs. 46, 49 to 51, 55, and 58 and to regulation under ch. 150 shall, in cases of conflict between chs. 46, 49 to 51, 55, and 58 and ch. 150, be governed by ch. 150. The department shall promulgate rules and establish procedures for resolving any such a conflict.
History:  1977 c. 29; 1979 c. 89; 1985 a. 29 s. 3202 (23); 1989 a. 31, 359; 1995 a. 27; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.028 - Electronic benefit transfer.

46.028
Electronic benefit transfer.
The department may deliver benefits that are administered by the department to recipients of the benefits by an electronic benefit transfer system if all of the following conditions are satisfied:
(1)
The department obtains any authorization from a federal agency that is required under federal law to deliver the benefits by an electronic benefit transfer system.
(2)
The department promulgates an administrative rule to deliver the benefits by an electronic benefits transfer system.
(3)
The department does not require a county or tribal governing body to use the electronic benefit transfer system if the costs to the county or tribal government of delivering the benefits by the electronic benefit transfer system would be greater than the costs to the county or tribal government of delivering the benefits by means other than an electronic benefit transfer system.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.04 - Anchorage program.

46.04
Anchorage program.
(1)
Definitions. In this section:
(a)
“Adolescent" means an individual who is at least 12 years of age and under 18 years of age.
(b)
“Drug dependent" has the meaning specified under s. 51.01 (8b).
(c)
“Mental illness" has the meaning given in s. 51.01 (13).
(2)
Program. From the appropriations under s. 20.435 (2) (a) and (gk), the department shall establish at the Winnebago Mental Health Institute a program of inpatient assessment and treatment to be known as the “Anchorage program," which is designed primarily to meet the needs of adolescents who are drug dependent, who evidence drug-related behavior that may be dangerous to the adolescent or to others, and who have a history of drug dependency and resistance to less restrictive forms of treatment, but that also may be used by the department to provide inpatient assessment and treatment of adolescents who have mental illness, who evidence mental illness-related behavior that may be dangerous to the adolescent or to others, and who have a history of mental illness and resistance to less restrictive forms of treatment. A county department under s. 51.42 may refer an adolescent for assessment or treatment under this section and shall approve all admissions to the program under this section of adolescents committed under s. 51.20 or 51.45 or admitted under s. 51.13. Transfers under s. 51.35 (3) or 51.37 (5) may also be made to the program under this section.
History:  1987 a. 96; 1993 a. 16; 2001 a. 103; 2017 a. 34.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.041 - Children's consultation service; establishment; purposes.

46.041
Children's consultation service; establishment; purposes.
A program to be known as the “children's consultation service" shall be provided. The service shall be established at the Mendota Mental Health Institute or the Winnebago Mental Health Institute, or at both institutions. The service shall:
(1m)
Provide for the temporary residence and evaluation of children referred from courts assigned to exercise jurisdiction under chs. 48 and 938, the institutions and services under the jurisdiction of the department, University of Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215, 46.22 or 46.23, private child welfare agencies, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, the Wisconsin Center for the Blind and Visually Impaired, and mental health facilities within the state at the discretion of the director of the institution providing services under this section.
(2)
Promote the development of preventive mental health services to children in communities by participating in the training of mental health personnel, by demonstration of methods of evaluation, care and treatment, by assisting in the assessment of community services and the development of the most effective coordination between the institution and the community, and by offering services when community resources need to be supplemented.
History:  1973 c. 90 s. 560 (3); 1977 c. 418 s. 924 (50); 1977 c. 447 s. 206; 1977 c. 449; 1985 a. 29, 176; 1995 a. 27, 77; 1999 a. 9; 2001 a. 57, 103; 2021 a. 239 s. 73.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.042 - Treatment program for emotionally disturbed children.

46.042
Treatment program for emotionally disturbed children.
The department shall establish a program for the intensive treatment of emotionally disturbed children. The program shall be operated by the Mendota Mental Health Institute and be subject to all federal and state laws, rules, and regulations that apply to the institute. Operational planning shall provide close interrelationship between the department and the University of Wisconsin Medical School for conduct of educational and research programs.
History:  1975 c. 224; 1977 c. 29; 2001 a. 103.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.044 - State psychiatric institute.

46.044
State psychiatric institute.
There is established the state psychiatric institute to be maintained as a department of the University of Wisconsin-Madison. The statutes relating to admission, commitment, placement, transfer, custody and discharge of mentally ill persons are applicable to the psychiatric institute.
History:  1975 c. 430; 1977 c. 26.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.047 - State-operated residential facilities and support services.

46.047
State-operated residential facilities and support services.
The department may establish and operate noninstitutional residential facilities for persons who are relocated from any center for the developmentally disabled, as defined in s. 51.01 (3), and may provide necessary support services for the persons.
History:  1993 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.048 - Central Wisconsin Center for the Developmentally Disabled.

46.048
Central Wisconsin Center for the Developmentally Disabled.
There is established a new institution to be located near the city of Madison and to be known as the Central Wisconsin Center for the Developmentally Disabled. The department, with the approval of the governor, is authorized to purchase lands for a suitable site and to erect and equip such buildings as it deems necessary from funds appropriated for the long-range building program. Such institution when constructed shall be maintained and operated by the department and all laws pertaining to the care of mentally deficient patients shall apply.
History:  1975 c. 189 s. 99 (2); 1975 c. 430 s. 78.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.056 - Wisconsin Resource Center.

46.056
Wisconsin Resource Center.
The department shall establish the Wisconsin Resource Center on the grounds of the Winnebago Mental Health Institute near Oshkosh. Notwithstanding s. 301.03, the department shall have responsibility for administering the center as a correctional institution that provides psychological evaluations, specialized learning programs, training and supervision for inmates whose behavior presents a serious problem to themselves or others in state prisons and whose mental health needs can be met at the center.
History:  1981 c. 20; 1989 a. 31, 107; 2023 a. 19.
The rights and responsibilities of counties in prisoner transfers to the Wisconsin resource center are discussed. 71 Atty. Gen. 170.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.057 - Mendota juvenile treatment center.

46.057
Mendota juvenile treatment center.
(1)
The department shall establish, maintain, and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. Notwithstanding ss. 301.02, 301.03, and 301.36 (1), the department shall operate the Mendota juvenile treatment center as a juvenile correctional facility, as defined in s. 938.02 (10p). The center shall not be considered a hospital, as defined in s. 50.33 (2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center shall provide psychological and psychiatric evaluations and treatment for juveniles whose behavior presents a serious problem to themselves or others in other juvenile correctional facilities and whose mental health needs can be met at the center. With the approval of the department of health services, the department of corrections may transfer to the center any juvenile who has been placed in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the department of corrections under s. 938.183, 938.34 (4h), or 938.357 (3), (4), or (5) (e) in the same manner that the department of corrections transfers juveniles between other juvenile correctional facilities. Upon the recommendation of the department of health services, a court may place a juvenile at the center in a proceeding for a change in placement order under s. 938.357 (3).
(1m)
The director of the Mendota Mental Health Institute, or his or her designee, shall be responsible for decisions regarding admissions, treatment, and the release and return of juvenile offenders from the Mendota juvenile treatment center to county supervision.
(2)
From the appropriation account under s. 20.410 (3) (ba) or (hm), the department of corrections shall reimburse the department of health services for the cost of providing services for juveniles placed at the Mendota juvenile treatment center at a per person daily cost specified by the department of health services. The department of health services may charge the department of corrections not more than the actual cost of providing those services.
History:  1995 a. 216; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2003 a. 33; 2005 a. 25, 344; 2007 a. 20 ss. 832, 9121 (6) (a); 2009 a. 28; 2011 a. 32; 2013 a. 20; 2015 a. 55; 2017 a. 59, 185; 2019 a. 8 ss. 3, 71; 2019 a. 9; 2021 a. 58.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.058 - Bonds of employees; police powers; investigation of complaints.

46.058
Bonds of employees; police powers; investigation of complaints.
(1)
The steward of each institution under the control of the department shall execute and file an official bond in such sum and with such sureties as the secretary prescribes. The steward shall also require any other officer or other person having the possession or custody of any money or property belonging to the state or any institution under its control or supervision to give an official bond, and from time to time renew the bond. The secretary may require a position bond whenever it appears advisable to him or her. The position bond shall have the same coverage as the official bond.
(2)
The superintendents of all institutions administered by the department and of all county hospitals and county homes, and the employees under them to whom they delegate police power, may arrest any person within or upon the grounds of such institutions whom they have reason to believe is guilty of any offense against the laws or regulations governing the institutions; and for that purpose they shall possess the powers of constables.
(2m)
The superintendents of the secure mental health facility established under s. 46.055, the Wisconsin resource center established under s. 46.056 and any secure mental health unit or facility provided by the department of corrections under s. 980.065 (2) shall adopt proper means to prevent escapes of persons detained or committed to the facility, center or unit under ch. 980 and may adopt proper means to pursue and capture persons detained or committed to the facility, center or unit under ch. 980 who have escaped. In adopting means under this subsection to prevent escape and pursue and capture persons who have escaped, a superintendent may delegate to designated staff members of the facility, center or unit the power to use necessary and appropriate force, as defined by the department by rule, to prevent escapes and capture escaped persons.
(3)
The department shall investigate complaints against any institution under its jurisdiction or against the officers or employees thereof. For that purpose the secretary and such officers and employees as the secretary authorizes may summon and swear witnesses, take testimony and compel the production of books and papers. The department may, on its own initiative, investigate the affairs of any institution. Any written communication or complaint addressed to the secretary by any inmate, employee or subordinate of any such institution shall be forthwith forwarded unopened to the addressee.
History:  1975 c. 39; 1975 c. 199 s. 138; 1979 c. 221 s. 352; Stats. 1979 s. 46.058; 1989 a. 31, 107; 1993 a. 209; 1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.06 - Lands; condemnation, easements, leases, sales, purchases.

46.06
Lands; condemnation, easements, leases, sales, purchases.
Subject to s. 16.848:
(1)
Condemnation. When the department is authorized and desires to acquire land and is unable to agree with the owner upon the terms of purchase, or when such agreement cannot be had without unreasonable delay, the department may condemn the land in the manner prescribed in ch. 32.
(2)
Easements. The department may grant easements for the extension of municipal and public utilities onto the lands of the institutions under its jurisdiction, for the purpose of connecting railroads, roads, water systems, sewers, electric lines and similar facilities, to serve such institutions.
(3)
Leases. The department may rent additional lands for the operation of the institutions under its jurisdiction.
(4)
Sales. The department may, with the approval of the building commission, and subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), sell and convey such lands under the jurisdiction of the department as the secretary deems to be in excess of the present or future requirements of the department for either the operation of its facilities or programs, for the maintenance of buffer zones adjacent to its facilities or for other public purposes. The proceeds of such sales are subject to s. 13.48 (14) (c).
(5)
Purchases. The department may, with the approval of and release of state building trust fund by the building commission, acquire by purchase such lands, together with such improvements as are situated thereon, as the secretary deems necessary for the department's farm programs, or for the purpose of providing adequate buffer zones to its existing facilities, or for the purpose of eliminating flexuous boundaries in cooperation with owners of lands adjoining lands under the department's jurisdiction.
History:  1973 c. 12 s. 10; 1973 c. 90; 1975 c. 39 ss. 346, 732 (2); 1987 a. 5, 27; 1989 a. 31; 1995 a. 378; 2005 a. 25; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.064 - Client wages, allowances and release payments.

46.064
Client wages, allowances and release payments.
The department may pay a wage or an allowance and a release payment to clients at its institutions. The department shall prescribe the amounts of pay and such hours, health and other conditions in connection with employment as are reasonable.
History:  1971 c. 125, 215; 1973 c. 333.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.066 - Freedom of worship; religious ministration.

46.066
Freedom of worship; religious ministration.
(1)
Subject to reasonable exercise of the privilege, members of the clergy of all religious faiths shall be given an opportunity, at least once each week, to conduct religious services within the state institutions under the control of the department. Attendance at the services is voluntary.
(2)
Religious ministration and sacraments according to the inmate's faith shall be allowed to every inmate who requests them.
(3)
Every inmate who requests it shall have the use of the Bible.
History:  1989 a. 31; 1991 a. 316.
The state must make copies of the Quran available to prisoners to the same extent that Bibles are made available. Pitts v. Knowles, 339 F. Supp. 1183 (1972).
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.07 - Property of patients or residents.

46.07
Property of patients or residents.
All money including wages and other property delivered to an officer or employee of any institution for the benefit of a patient or resident shall immediately be delivered to the steward, who shall enter the money upon the steward's books to the credit of the patient or resident. The property shall be used only under the direction and with the approval of the superintendent and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the child pornography surcharge under s. 973.042, the drug offender diversion surcharge under s. 973.043, or the benefit of the patient or resident. If the money remains uncalled for for one year after the patient's or resident's death or departure from the institution, the superintendent shall deposit the money in the general fund. If any patient or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property, and the proceeds shall be deposited in the general fund. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (c).
History:  1979 c. 221 s. 2202 (20); 1983 a. 27; 1989 a. 31, 107; 1993 a. 16; 1997 a. 27; 2005 a. 25, 254, 433; 2013 a. 20.
Diversion of 15 percent into a savings account of all money sent to a prisoner, to be given to the prisoner upon release, did not violate due process. Sahagian v. Dickey, 646 F. Supp. 1502 (1986).
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.09 - Purchases, bills, audits, payments.

46.09
Purchases, bills, audits, payments.
Subject to s. 16.848:
(1)
Steward as business manager. The steward of each institution under the control of the department is the local business manager and requisitioning officer, subject to the direction and rules of the department, and within the limits of the approved monthly estimates shall purchase all necessary materials and supplies, as provided in ss. 16.70 to 16.82. The steward shall have the immediate charge of all books, accounts, papers and records relating to the institution's financial management, shall keep detailed accounts of all receipts and expenditures, and shall be responsible for the safekeeping and economical use of all stores and supplies.
(2)
Butter and cheese. No butter or cheese not made wholly and directly from pure milk or cream, salt and harmless coloring matter may be used in any of the institutions of the department.
(3)
Public welfare institutions preaudit; payments. Unless otherwise provided by law, no bills may be incurred in the management of such institutions nor be paid until they have been audited by the department of health services under the supervision of the department of administration. All payments shall be made on the warrant of the department of administration drawn in accordance with the certificate of the proper designated officer of the department of health services. All claims and accounts before being certified to the department of administration by the department of health services, shall be verified and approved in the same manner as provided in s. 16.53.
History:  1973 c. 335 s. 13; 1985 a. 176; 1989 a. 31; 1995 a. 27 s. 9126 (19); 2005 a. 25; 2007 a. 20 s. 9121 (6) (a).
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.14 - Reports of state institutions.

46.14
Reports of state institutions.
(1)
Monthly. The officer in charge of each state institution under the control of the department shall report monthly to the department, an itemized statement of all receipts and disbursements, and of the daily number of inmates, officers, teachers and employees, and of the wages paid to each.
(2)
Biennial. On July 1 in each even-numbered year such officer shall report to the department, covering the preceding biennial fiscal term, a summarized statement of the management of every department of the institution and of all receipts and disbursements, and such other information as may be required by the department.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.15 - Institutions subject to chapter 150.

46.15
Institutions subject to chapter 150.
Nursing homes or hospitals under ss. 46.16, 46.17, 46.175, 46.20 and 46.205 are subject to ch. 150.
History:  1977 c. 29; 1983 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.17 - County buildings; establishment, approval, inspection.

46.17
County buildings; establishment, approval, inspection.
(1)
The department shall fix reasonable standards and regulations for the design, construction, repair, and maintenance of county homes, county infirmaries, county hospitals, and mental health facilities, with respect to their adequacy and fitness for the needs which they are to serve.
(2)
The selection and purchase of the site, and the plans, specifications and erection of buildings for such institutions shall be subject to the review and approval of the department. Department review shall include review of the proposed program to be carried out by the institution and the program's ability to meet the mental health service requirements of the county and the area it serves.
(3)
Before any such building is occupied, and annually or oftener thereafter, the department shall inspect it with respect to safety, sanitation, adequacy and fitness, and report to the authorities conducting the institution any deficiency found, and order the necessary work to correct it or a new building. If within 6 months thereafter such work is not commenced, or not completed within a reasonable period thereafter, to the satisfaction of the department, it shall suspend the allowance of state aid for, and prohibit the use of such building until said order is complied with.
History:  1971 c. 125, 215; 1983 a. 254; 1989 a. 31; 2007 a. 20.
This section relates to construction and maintenance of buildings and provides no authority to the department applicable to the management of inmates under s. 46.16. 63 Atty. Gen. 267.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.175 - County institutions: minimum standards.

46.175
County institutions: minimum standards.
Notwithstanding any other provision of law, any county currently operating an institution established under s. 49.70, 49.71, 49.72, 51.08, or 51.09 may, by resolution of the county board or, in Milwaukee County for institutions providing mental health treatment, the Milwaukee County mental health board, designate such institution or distinct part of such institution as a facility to be operated under s. 50.02, 50.03 or 50.33. Any county institution or part thereof, where so designated, shall be required to meet those licensure standards established by the department for the type of facility designated by the county. Any designation under this section may be made only if such designation will not result in any additional cost to the state.
History:  1971 c. 215; 1975 c. 413 s. 18; 1975 c. 430 s. 80; 1995 a. 27; 2013 a. 203.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.19 - Officers and employees of county institutions.

46.19
Officers and employees of county institutions.
(1)
The trustees shall appoint a superintendent of each institution and may remove the superintendent for cause, as defined in s. 17.001, on due notice in writing and hearing of the charges against the superintendent.
(2)
The trustees shall prescribe the duties of the superintendent. The superintendent shall execute and file an official bond with sureties approved by the trustees.
(3)
Subject to the approval of the trustees, the superintendent shall appoint and prescribe the duties of necessary additional officers and employees of the institution, and may remove them at the superintendent's discretion, subject to the county civil service law.
(4)
The salaries of the superintendent, visiting physician and all necessary additional officers and employees shall be fixed by the county board. In Milwaukee County, the salaries of any superintendent of a mental health institution and the salaries of any visiting physician and necessary additional officers and employees whose duties are related to mental health shall be fixed by the county executive.
History:  1991 a. 316; 2001 a. 103; 2013 a. 203.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.205 - County home in adjoining county.

46.205
County home in adjoining county.
The county board of any county may by a majority vote of all of its members provide for a home for the aged and physically disabled in an adjoining county and all bonds heretofore issued for the construction or other acquisition of such a home in any county or an adjoining county are hereby validated and the proceeds from the bonds may be used in the construction or other acquisition of a home in such county or an adjoining county. When any county shall establish such home in an adjoining county it shall be maintained and operated under the same statutes which would be applicable to the maintenance and operation of the home if it were established in such first county.
History:  1977 c. 83.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.208 - Relief block grants; functions of state department.

46.208
Relief block grants; functions of state department.
(1)
All records of the county or tribal governing body relating to the administration of relief funded by a relief block grant, as defined in s. 49.001 (5p), shall be open to inspection at all reasonable hours by authorized representatives of the department.
(2m)
The department may at any time audit all records of the relief agency relating to the administration of relief funded by a relief block grant, as defined in s. 49.001 (5p), and may at any time conduct administrative reviews of a county department under s. 46.215, 46.22, or 46.23. The department shall furnish a copy of the county audit or administrative review report to the chairperson of the county board of supervisors and the county clerk in a county with a single-county department or to the county boards of supervisors and the county clerks in counties with a multicounty department, and to the county director of the county department under s. 46.215, 46.22, or 46.23.
History:  1985 a. 29 ss. 831, 3200 (23); 1985 a. 120, 176; 1989 a. 359; 1995 a. 27; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.225 - Indigency determinations.

46.225
Indigency determinations.
If applicable under s. 977.07 (1), a county department under s. 46.21, 46.22 or 46.23 shall make indigency determinations.
History:  1979 c. 356; 1985 a. 176.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.238 - Infants and unborn children whose mothers abuse controlled substances, controlled substance analogs, or alcohol.

46.238
Infants and unborn children whose mothers abuse controlled substances, controlled substance analogs, or alcohol.
If an agency, as defined in s. 48.981 (1) (ag), receives a report under s. 146.0255 (2) or 146.0257 (2) and that agency is a county department under s. 46.22 or 46.23 or a licensed child welfare agency under contract with that county department, the agency shall offer to provide appropriate services and treatment to the infant and the infant's mother or to the unborn child, as defined in s. 48.02 (19), and the expectant mother of the unborn child or the agency shall make arrangements for the provision of appropriate services and treatment. If an agency receives a report under s. 146.0255 (2) or 146.0257 (2) and that agency is the department or a licensed child welfare agency under contract with the department, the agency shall refer the report to the county department under s. 51.42 or 51.437 and that county department shall offer to provide, or make arrangements for the provision of, those services and that treatment.
History:  1989 a. 122; 1993 a. 16; 1995 a. 386, 448; 1997 a. 27, 292; 2009 a. 79; 2013 a. 260.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.245 - Information for certain pregnant women.

46.245
Information for certain pregnant women.
Upon request, a county department under s. 46.215, 46.22 or 46.23 shall distribute the materials described under s. 253.10 (3) (d), as prepared and distributed by the department. A physician who intends to perform or induce an abortion or another qualified physician, as defined in s. 253.10 (2) (g), who reasonably believes that he or she might have a patient for whom the information under s. 253.10 (3) (d) is required to be given, shall request a reasonably adequate number of the materials from the county department under this section or from the department under s. 253.10 (3) (d). An individual may request a reasonably adequate number of the materials.
History:  1985 a. 56, 176; 1993 a. 27; 1995 a. 309; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.248 - Reach Out and Read Wisconsin grants.

46.248
Reach Out and Read Wisconsin grants.
From the appropriation under s. 20.435 (1) (dx), the department shall distribute moneys to Reach Out and Read, Inc., for the early literacy program known as Reach Out and Read Wisconsin.
History: 2021 a. 58.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.269 - Determining financial eligibility for long-term care programs.

46.269
Determining financial eligibility for long-term care programs.
To the extent approved by the federal government, the department or its designee shall exclude any assets accumulated in a person's independence account, as defined in s. 49.472 (1) (c), and any income or assets from retirement benefits earned or accumulated from income or employer contributions while employed and receiving medical assistance under s. 49.472 in determining financial eligibility and cost-sharing requirements, if any, for a long-term care program under s. 46.275 or 46.277, for the family care program that provides the benefit defined in s. 46.2805 (4), for the Family Care Partnership program, or for the self-directed services option, as defined in s. 46.2897 (1).
History:  2017 a. 59; 2019 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.271 - Long-term support pilot projects.

46.271
Long-term support pilot projects.
(1)
(a)
From the appropriation under s. 20.435 (4) (bd), the department shall award $100,000 in each fiscal year to applying county departments under s. 46.215, 46.22, 46.23, 51.42 or 51.437 or to an aging unit under the conditions specified in par. (c) to establish pilot projects for home and community-based long-term support services. Funds awarded to the pilot projects shall be used to do any of the following:
1.
Provide administration for projects that serve individuals who are discharged from hospitals and meet one of the eligibility requirements under [s. 46.27 (6r) (b) 1. to 4.].
NOTE:  The cross-reference in brackets does not exist. 2019 Wis. Act 9 repealed s. 46.27.
2.
Promote the development of a system of home and community-based long-term support services that is easily accessible to individuals who are eligible for and potentially need these services.
(b)
The department shall do all of the following:
1.
Solicit applications from county departments or aging units for the pilot projects under par. (a).
2.
Require that an applying county department or aging unit under subd. 1. submit as part of the application specific plans for improving the coordination between hospitals and providers of home and community-based long-term support services.
(c)
The department may contract with an aging unit, as defined in s. 46.82 (1) (a), for administration of services under par. (a) if, by resolution, the county board of supervisors of that county so requests the department.
History:  1989 a. 31, 336; 1991 a. 39, 235; 1993 a. 16; 1997 a. 27; 1999 a. 9; 2015 a. 55; 2019 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.2785 - Community Opportunities and Recovery Program.

46.2785
Community Opportunities and Recovery Program.
(1)
Definitions. In this section:
(a)
“Nursing facility" has the meaning given in 42 USC 1396r (a).
(b)
“Serious mental illness" has the meaning given in 42 CFR 483.102 (b) (1).
(c)
“Waiver program" means the Community Opportunities and Recovery Program for which a waiver has been requested under sub. (2) and granted under 42 USC 1396n (c).
(2)
Waiver request. The department may request a waiver from the secretary of the U.S. department of health and human services, under 42 USC 1396n (c), authorizing the department to serve in their communities medical assistance recipients who meet eligibility requirements specified in sub. (4) by providing them home or community-based services as part of the Medical Assistance program. If the department requests the waiver, it shall include all the assurances required under 42 USC 1396n (c) (2) in the request. If the department receives the waiver, it may request an extension of the waiver under 42 USC 1396n (c).
(3)
Contract for administration. If doing so is consistent with the waiver received by the department as specified in sub. (2), the department may contract with a county or a private agency to administer the waiver program. A private agency with which the department contracts shall have the powers and duties of a county under this section.
(4)
Eligibility. Any medical assistance recipient who has a serious mental illness and meets the level of care requirements under s. 49.45 (6m) (i) for reimbursement of nursing home care under the Medical Assistance program is eligible to participate in the waiver program.
(5)
Funding.
(a)
Medical assistance reimbursement for services a county or private agency contracts for or provides under the waiver program shall be made from the appropriation accounts under s. 20.435 (4) (b), (gm), and (o).
(b)
The department may, from the appropriation account under s. 20.435 (4) (o), reimburse a county for providing, or contracting to provide, services that cost more than the average annual per person rate established by the department, but less than the average amount approved by the federal government for the waiver program.
History:  2005 a. 25; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.2804 - Client management of managed care long-term care benefit.

46.2804
Client management of managed care long-term care benefit.
Under a managed care program for provision of long-term care services, the care manager shall provide, within guidelines established by the department, a mechanism by which an enrollee, beneficiary, or recipient of the program may arrange for, manage, and monitor his or her benefit directly or with the assistance of another person chosen by the enrollee, beneficiary, or recipient. The care manager shall provide each enrollee, beneficiary, or recipient with a form on which the enrollee, beneficiary, or recipient shall indicate whether he or she has been offered the option under this subsection and whether he or she has accepted or declined the option. If the enrollee, beneficiary, or recipient accepts the option, the care manager shall monitor the use by the enrollee, beneficiary, or recipient of a fixed budget for purchase of services or support items from any qualified provider, monitor the health and safety of the enrollee, beneficiary, or recipient, and provide assistance in management of the budget and services of the enrollee, beneficiary, or recipient at a level tailored to the need and desire of the enrollee, beneficiary, or recipient for the assistance.
History:  2005 a. 386; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.2805 - Definitions; long-term care.

46.2805
Definitions; long-term care.
In ss. 46.2805 to 46.2895:
(1)
“Care management organization" means an entity that is certified as meeting the requirements for a care management organization under s. 46.284 (3) and that has a contract under s. 46.284 (2). “Care management organization" does not mean an entity that contracts with the department to operate one of the following:
(a)
A program of all-inclusive care for the elderly under 42 USC 1395eee or 1396u-4.
(b)
A demonstration program known as the Family Care Partnership program under a federal waiver authorized under 42 USC 1396n.
(2)
“Eligible person" means a person who meets all eligibility criteria under s. 46.286 (1).
(3)
“Enrollee" means a person who is enrolled in a care management organization.
(4)
“Family care benefit" means financial assistance for long-term care and support items for an enrollee.
(6m)
“Family member" means a spouse or an individual related by blood, marriage, or adoption within the 3rd degree of kinship as computed under s. 990.001 (16).
(6r)
“Financial and cost-sharing screening" means a screening to determine financial eligibility under s. 46.286 (1) (b) or the self-directed services option and cost-sharing under s. 46.286 (2) using a uniform tool prescribed by the department.
(6v)
“Frail elder" means an individual who is 65 years of age or older and has a physical disability or irreversible dementia that restricts the individual's ability to perform normal daily tasks or that threatens the capacity of the individual to live independently.
(7)
“Functional screening" means a screening to determine functional eligibility under s. 46.286 (1) (a) or the self-directed services option using a uniform tool prescribed by the department.
(7r)
“Long-term care district" means a special purpose district created under s. 46.2895 (1).
(7u)
“Long-term care district board" means the governing board of a long-term care district.
(8)
“Nonprofit organization" has the meaning given in s. 108.02 (19).
(9)
“Older person" means a person who is at least 65 years of age.
(10)
“Resource center" means an entity that meets the standards for operation under s. 46.283 (3) or, if under contract to provide a portion of the services specified under s. 46.283 (3), meets the standards for operation with respect to those services.
(10m)
“Self-directed services option" means the program that is operated under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c) in which an enrolled individual selects his or her own services and service providers.
(11)
“Tribe or band" means a federally recognized American Indian tribe or band.
History:  1999 a. 9, 185; 2003 a. 33; 2007 a. 20, 141; 2009 a. 247; 2019 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.285 - Operation of resource center and care management organization.

46.285
Operation of resource center and care management organization.
In order to meet federal requirements and assure federal financial participation in funding of the family care benefit, a county, a tribe or band, a long-term care district or an organization, including a private, nonprofit corporation, may not directly operate both a resource center and a care management organization.
History:  1999 a. 9; 2005 a. 386; 2007 a. 20; 2019 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.288 - Rule-making.

46.288
Rule-making.
The department shall promulgate as rules all of the following:
(1)
Standards for performance by resource centers and for certification of care management organizations, including requirements for maintaining quality assurance and quality improvement.
(2)
Criteria and procedures for determining functional eligibility under s. 46.286 (1) (a), financial eligibility under s. 46.286 (1) (b), and cost sharing under s. 46.286 (2) (a).
(3)
Procedures and standards for procedures for s. 46.287 (2), including time frames for action by a resource center or a care management organization on a contested matter.
History:  1999 a. 9; 2007 a. 20; 2009 a. 28; 2019 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.2896 - Counting promissory notes as assets.

46.2896
Counting promissory notes as assets.
(1)
In this section:
(a)
“Long-term care program" means the long-term care program under s. 46.275, 46.277, 46.278, or 46.2785; the family care program providing the benefit under s. 46.286; the Family Care Partnership program; or the long-term care program defined in s. 46.2899 (1).
(b)
“Promissory note" means a written, unconditional agreement, given in return for goods, money loaned, or services rendered, under which one party promises to pay another party a specified sum of money at a specified time or on demand.
(2)
When determining or redetermining an individual's financial eligibility for a long-term care program, the department shall include a promissory note as a countable asset if all of the following apply:
(a)
The individual applying for or receiving benefits under the long-term care program or his or her spouse provided the goods, money loaned, or services rendered for the promissory note.
(b)
The promissory note was entered into or purchased on or after July 14, 2015.
(c)
The promissory note is negotiable, assignable, and enforceable and does not contain any terms making it unmarketable.
(3)
A promissory note is presumed to be negotiable and its asset value is the outstanding principal balance at the time the individual applies for the long-term care program or at the time the individual's eligibility for the long-term care program is redetermined, unless the individual shows by credible evidence from a knowledgeable source that the note is nonnegotiable or has a different current market value, which will then be considered the asset value.
History:  2015 a. 55; 2019 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.2897 - Self-directed services option.

46.2897
Self-directed services option.
(1)
Definition. In this section, “self-directed services option" means the program that is operated under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c) in which an enrolled individual selects his or her own services and service providers.
(2)
Advocacy services. The department shall allow a participant in the self-directed services option that is operated under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c) to access the advocacy services contracted for by the department under s. 46.281 (1n) (e).
(3)
Worker's compensation coverage. An individual who is performing services for a person participating in the self-directed services option and who does not otherwise have worker's compensation coverage for those services is considered, for purposes of worker's compensation coverage, to be an employee of the entity that is providing financial management services for that person.
History:  2009 a. 28; 2015 a. 180; 2021 a. 232.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.2899 - Services for the developmentally disabled who receive post-secondary education.

46.2899
Services for the developmentally disabled who receive post-secondary education.
(1)
Definition. In this section, “self-directed services option" means a program known as Include, Respect, I Self-direct or IRIS operated by the department under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c).
(2)
Waiver program. The department shall request a waiver from the federal centers for medicare and medicaid services in order to receive the federal medical assistance percentage for home-based and community-based services provided to individuals who are developmentally disabled and who received post-secondary education on the grounds of institutions. If the waiver is approved the department shall operate a waiver program to provide those services to no more than 100 individuals per month per year.
(3)
Eligibility. The department shall consider as eligible for the waiver program described under sub. (2) only individuals who are receiving post-secondary education in a setting that is distinguishable from the institution. The department shall set the financial eligibility requirements and functional eligibility requirements for the waiver program described under sub. (2) the same as the financial eligibility requirements and functional eligibility requirements for the self-directed services option except for the requirement to be an individual who is developmentally disabled and who is receiving post-secondary education on the grounds of a institution.
(4)
Services and benefits. The department shall provide the same services under the waiver program described in sub. (2) as it provides under the self-directed services option. The department shall determine the funding amount for a waiver program participant under this section.
History:  2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 46 - Social services. › 46.293 - Specialized programs for the blind and visually impaired.

46.293
Specialized programs for the blind and visually impaired.
The department shall provide rehabilitation teaching services for persons who are blind or visually impaired including elderly persons and young persons and their parents or guardians, regardless of their eligibility for vocational rehabilitation services. These services may include assessments of each client's service needs, development of an individual service plan, instruction in braille, training in orientation and movement in the person's home or neighborhood, counseling and guidance to increase the blind or visually impaired person's independence, instruction in the use of low-vision aids, personal and home management training and instruction in leisure activities. In conjunction with the provision of these services the department shall:
(1)
Work with blind and visually impaired persons, in a setting appropriate to each individual, to form rehabilitation plans for independent living to enable them to increase their self-reliance.
(2)
Assist blind and visually impaired persons in physical orientation and personal adjustment.
History:  1995 a. 27 ss. 2270, 2413; Stats. 1995 s. 46.293.