51.437(14r)(a)3.
3. Review and advise the department of health services on community budgets and community plans for programs affecting persons with developmental disabilities.
51.437(14r)(a)4.
4. Participate in the development of, review, comment on, and monitor all state plans in the state which relate to programs affecting persons with developmental disabilities.
51.437(14r)(a)5.
5. Serve as an advocate for persons with developmental disabilities.
51.437(14r)(a)6.
6. Provide continuing counsel to the governor and the legislature.
51.437(14r)(a)7.
7. Notify the governor regarding membership requirements of the board and if vacancies on the board remain unfilled for a significant period of time.
51.437(14r)(b)
(b) The board may establish such reasonable procedures as are essential to the conduct of the affairs of the board.
51.437(14r)(c)
(c) The board for people with developmental disabilities may or, if requested by the governor, shall coordinate recommendations of the board and the public to the governor regarding board membership.
51.437(15)(a)(a) Nothing in this section shall be construed to mean that developmentally disabled persons are not eligible for services available from all sources.
51.437(15)(b)
(b) Nothing in this section may be deemed to require a county department of developmental disabilities services to provide education, recreation, counseling, information or referral services to any individual with a developmental disability or to his or her family.
51.437(15)(c)1.1. Any reference in any law to a county department of developmental disabilities services applies to the county department under
s. 46.23 in its administration of the powers and duties of the county department of developmental disabilities services under
s. 46.23 (3) (b), if the powers and duties of a county department of developmental disabilities services are transferred under
s. 46.23 (3) (b) 1. Any reference in any law to a county department of developmental disabilities services applies to a county department under
s. 46.21 (2m) in its administration of the powers and duties of the county department of developmental disabilities services under
s. 46.21 (2m) (b) 1. a.
51.437(15)(c)2.a.a. Any reference in any law to a county developmental disabilities services director appointed under
sub. (9) (a) applies to the director of a county department appointed under
s. 46.23 (5) (f) in his or her administration of the powers and duties of that county developmental disabilities services director, if the powers and duties of a county department of developmental disabilities services are transferred under
s. 46.23 (3) (b) 1.
51.437(15)(c)2.b.
b. Any reference in any law to a county developmental disabilities services director appointed under
sub. (10m) (intro.) applies to the director of a county department appointed under
s. 46.23 (6m) (intro.), if the powers and duties of a county department of developmental disabilities services are transferred under
s. 46.23 (3) (b) 1. Any reference in any law to a county developmental disabilities services director appointed under
sub. (10m) (intro.) applies to the director of a county department appointed under
s. 46.21 (1m) (a) in his or her administration of the powers and duties of that county developmental disabilities services director.
51.437(15)(c)3.a.a. Any reference in any law to a county developmental disabilities services board appointed under
sub. (7) (a) 1. applies to the board of a county department appointed under
s. 46.23 (4) (b) 1. in its administration of the powers and duties of that county developmental disabilities services board, if the powers and duties of a county department of developmental disabilities services are transferred under
s. 46.23 (3) (b) 1.
51.437(15)(c)3.b.
b. Except as provided in
subd. 3. c., any reference in any law to a county developmental disabilities services board appointed under
sub. (7) (a) 2. applies to the board of a county department appointed under
s. 46.23 (4) (b) 2. in its administration of the powers and duties of that county developmental disabilities services board, if the powers and duties of a county department of developmental disabilities services are transferred under
s. 46.23 (3) (b) 1.
51.437(15)(c)3.c.
c. Any reference in any law to a county developmental disabilities services board appointed under
sub. (7) (a) 2. is limited, with respect to the county department of human services under
s. 46.21 (2m), to the powers and duties of the county developmental services board as specified in
sub. (9b).
51.437(16)
(16) Administrative structure. Rules promulgated by the secretary under
s. 51.42 (7) (b) shall apply to services provided through county departments of developmental disabilities services under this section.
51.437 History
History: 1971 c. 307,
322;
1973 c. 90,
333;
1975 c. 39,
199,
430;
1977 c. 26 ss.
39,
75;
1977 c. 29;
1977 c. 354 s.
101;
1977 c. 418;
1977 c. 428 s.
85,
86,
115;
1979 c. 32,
117,
221,
330,
355;
1981 c. 20,
93,
329;
1983 a. 27,
365,
375,
524;
1985 a. 29 ss.
1094 to
1105m,
3200 (56) (a);
1985 a. 120,
176,
307,
332;
1987 a. 27;
1989 a. 31,
56,
107,
262;
1991 a. 39,
274,
315;
1993 a. 16,
83;
1995 a. 27 ss.
3266m,
9116 (5),
9126 (19),
9145 (1);
1995 a. 64,
77,
92,
201,
225,
352,
417;
1997 a. 27,
35,
164,
252;
1999 a. 9;
2001 a. 16,
59;
2003 a. 33;
2005 a. 25,
264,
388;
2007 a. 20 ss.
1822 to
1824b,
9121 (6) (a);
2007 a. 45,
96;
2009 a. 28,
180,
334;
2011 a. 32,
126.
51.437 Cross-reference
Cross-reference: See also chs.
DHS 61 and
65, Wis. adm. code.
51.437 Annotation
The corporation counsel should provide legal advice and representation to 51.42 and 51.437 boards as well as to the county board. 63 Atty. Gen. 468.
51.437 Annotation
Liability, reimbursement, and collection for services provided under ss. 51.42 and 51.437 programs are discussed. 63 Atty. Gen. 560, 65 Atty. Gen. 49.
51.437 Annotation
The county board of supervisors may require its approval of contracts for purchase of services by a community services board if it so specified in its coordinated plan and budget. Otherwise it may not. 69 Atty. Gen. 128.
51.437 Annotation
Menominee Tribe members are eligible to participate in voluntary programs, but the state cannot accept tribe members into involuntary programs on the basis of tribal court orders alone. 70 Atty. Gen. 219.
51.437 Annotation
A multicounty 51.42/51.437 board may retain private legal counsel only when the corporation counsel of each county, or the district attorney of each county not having a corporation counsel, notifies the board that he or she is unable to provide specific services in a timely manner.
73 Atty. Gen. 8.
51.44
51.44
Early intervention services. 51.44(1)(ag)
(ag) "Case management services" means activities carried out by a service coordinator to assist and enable a child eligible for early intervention services under this section and the child's family to receive the rights and services authorized to be provided under the early intervention program under this section.
51.44(1)(ar)
(ar) "Individualized family service plan" means a written plan for providing early intervention services to an eligible child and the child's family.
51.44(1)(c)
(c) "Multidisciplinary evaluation" means the process used by qualified professionals to determine eligibility for early intervention services under this section based on the child's developmental status, the child's health, physical condition and mental condition or the child's atypical development.
51.44(1m)
(1m) The department is the lead agency in this state for the development and implementation of a statewide system of coordinated, comprehensive multidisciplinary programs to provide appropriate early intervention services under the requirements of
20 USC 1476.
51.44(3)(a)(a) From the appropriations under
s. 20.435 (7) (bt) and
(nL) the department shall allocate and distribute funds to counties to provide or contract for the provision of early intervention services to individuals eligible to receive the early intervention services.
51.44(3)(b)
(b) Funds that are distributed to counties under
par. (a) may not be used to supplant funding from any other source.
51.44(3)(c)
(c) No county may contribute less funding for early intervention services under this section than the county contributed for early intervention services in 1999, except that, for a county that demonstrated extraordinary effort in 1999, the department may waive this requirement and establish with the county a lesser required contribution.
51.44(4)
(4) Each county board of supervisors shall designate the appropriate county department under
s. 46.21,
46.23 or
51.437, the local health department of the county or another entity as the local lead agency to provide early intervention services under the funding specified in
sub. (3).
51.44(5)
(5) The department shall do all of the following:
51.44(5)(a)
(a) Promulgate rules for the statewide implementation of the program under this section that do all of the following:
51.44(5)(a)1.
1. Specify the population of children who would be eligible for services under the program.
51.44(5)(a)3.
3. Establish personnel standards and a comprehensive plan for the development of personnel providing services in the program.
51.44(5)(a)4.
4. Establish procedures for the resolution of complaints by clients in the program.
51.44(5)(a)5.
5. Specify data collection requirements, including a system for making referrals to service providers.
51.44(5)(a)7.
7. Establish policies and procedures for the implementation of individual family services plans and case management services.
51.44(5)(a)8.
8. Develop requirements for local coordination and interagency agreements at state and local levels.
51.44(5)(a)9.
9. Establish requirements for public awareness activities and a statewide directory of services.
51.44(5)(am)
(am) Promulgate rules that define the term "service coordinator".
51.44(5)(b)
(b) Ensure that the children eligible for early intervention services under this section receive all of the following services:
51.44(5)(b)3.
3. Assignment of a service coordinator, as defined by the department by rule, to provide case management services.
51.44(5)(c)
(c) Annually, submit to the chief clerk of each house of the legislature for distribution to the legislature under
s. 13.172 (2) a report on the department's progress toward full implementation of the program under this section, including the progress of counties in implementing goals for participation in 5th-year requirements under
20 USC 1476.
51.44 Cross-reference
Cross-reference: See also ch.
DHS 90, Wis. adm. code.
51.45
51.45
Prevention and control of alcoholism. 51.45(1)
(1)
Declaration of policy. It is the policy of this state that alcoholics and intoxicated persons may not be subjected to criminal prosecution because of their consumption of alcohol beverages but rather should be afforded a continuum of treatment in order that they may lead normal lives as productive members of society.
51.45(2)
(2) Definitions. As used in this section, unless the context otherwise requires:
51.45(2)(b)
(b) "Approved private treatment facility" means a private agency meeting the standards prescribed in
sub. (8) (a) and approved under
sub. (8) (c).
51.45(2)(c)
(c) "Approved public treatment facility" means a treatment agency operating under the direction and control of the department or providing treatment under this section through a contract with the department under
sub. (7) (g) or with the county department under
s. 51.42 (3) (ar) 2., and meeting the standards prescribed in
sub. (8) (a) and approved under
sub. (8) (c).
51.45(2)(cr)
(cr) "Designated person" means a person who performs, in part, the protective custody functions of a law enforcement officer under
sub. (11), operates under an agreement between a county department and an appropriate law enforcement agency under
sub. (11), and whose qualifications are established by the county department.
51.45(2)(d)
(d) "Incapacitated by alcohol" means that a person, as a result of the use of or withdrawal from alcohol, is unconscious or has his or her judgment otherwise so impaired that he or she is incapable of making a rational decision, as evidenced objectively by such indicators as extreme physical debilitation, physical harm or threats of harm to himself or herself or to any other person, or to property.
51.45(2)(e)
(e) "Incompetent person" means a person who has been adjudged incompetent by the court, as defined in
s. 54.01 (4).
51.45(2)(f)
(f) "Intoxicated person" means a person whose mental or physical functioning is substantially impaired as a result of the use of alcohol.
51.45(2)(g)
(g) "Treatment" means the broad range of emergency, outpatient, intermediate, and inpatient services and care, including diagnostic evaluation, medical, surgical, psychiatric, psychological, and social service care, vocational rehabilitation and career counseling, which may be extended to alcoholics and intoxicated persons, and psychiatric, psychological and social service care which may be extended to their families. Treatment may also include, but shall not be replaced by, physical detention of persons, in an approved treatment facility, who are involuntarily committed or detained under
sub. (12) or
(13).
51.45(2m)(a)(a) Except as otherwise stated in this section, this section shall apply equally to minors and adults.
51.45(2m)(b)
(b) Subject to the limitations specified in
s. 51.47, a minor may consent to treatment under this section.
51.45(2m)(c)1.
1. The court may appoint a guardian ad litem for the minor; and
51.45(2m)(c)2.
2. The parents or guardian of the minor, if known, shall receive notice of all proceedings.
51.45(3)
(3) Powers of department. To implement this section, the department may:
51.45(3)(a)
(a) Plan, establish and maintain treatment programs as necessary or desirable.
51.45(3)(b)
(b) Make contracts necessary or incidental to the performance of its duties and the execution of its powers, including contracts with public and private agencies, organizations, and individuals to pay them for services rendered or furnished to alcoholics or intoxicated persons.
51.45(3)(c)
(c) Keep records and engage in research and the gathering of relevant statistics.
51.45(3)(d)
(d) Provide information and referral services as optional elements of the comprehensive program it develops under
sub. (7).
51.45(4)
(4) Duties of department. The department shall:
51.45(4)(a)
(a) Develop, encourage and foster statewide, regional, and local plans and programs for the prevention of alcoholism and treatment of alcoholics and intoxicated persons in cooperation with public and private agencies, organizations, and individuals and provide technical assistance and consultation services for these purposes.
51.45(4)(b)
(b) Coordinate the efforts and enlist the assistance of all public and private agencies, organizations and individuals interested in prevention of alcoholism and treatment of alcoholics and intoxicated persons.
51.45(4)(c)
(c) Assure that the county department provides treatment for alcoholics and intoxicated persons in county, town and municipal institutions for the detention and incarceration of persons charged with or convicted of a violation of a state law or a county, town or municipal ordinance.
51.45(4)(d)
(d) Cooperate with the department of public instruction, local boards of education, schools, including tribal schools, as defined in
s. 115.001 (15m), police departments, courts, and other public and private agencies, organizations, and individuals in establishing programs for the prevention of alcoholism and treatment of alcoholics and intoxicated persons, and preparing curriculum materials thereon for use at all levels of school education.
51.45(4)(e)
(e) Prepare, publish, evaluate and disseminate educational material dealing with the nature and effects of alcohol.
51.45(4)(f)
(f) Develop and implement and assure that county departments develop and implement, as an integral part of treatment programs, an educational program for use in the treatment of alcoholics and intoxicated persons, which program shall include the dissemination of information concerning the nature and effects of alcohol.
