46.545   Individual placement and support.
46.55   Grants for services to persons in treatment.
46.56   Initiatives to provide coordinated services for children and families.
46.57   Grants for services to persons with epilepsy.
46.65   Treatment alternative program.
46.70   Delivery of services to American Indians.
46.71   American Indian drug abuse prevention, treatment and education.
46.75   Food distribution grants.
46.77   Food distribution administration.
46.80   Aging.
46.81   Benefit specialist program.
46.82   Aging unit.
46.85   Programs for older individuals.
46.856   Alzheimer's disease; training and information grants.
46.86   Treatment programs.
46.87   Alzheimer's family and caregiver support program.
46.90   Elder abuse reporting system.
46.94   Referral system for community-based services.
46.96   Independent living center grants; independent living services.
46.972   Primary health for homeless individuals.
46.973   Drug dependence program.
46.975   Grant and funding program; services related to alcohol and other drug abuse.
46.977   Guardianship grants.
46.986   Respite care program.
46.99   Medical assistance waiver for Birth to 3 participants.
46.995   Disabled children's long-term support program; local funding.
46.001 46.001 Purposes of chapter. The purposes of this chapter are to conserve human resources in Wisconsin; to prevent dependency, mental illness, developmental disability, mental infirmity, and other forms of social maladjustment by a continuous attack on causes; to provide effective aid and services to all persons in need of that aid and those services and to assist those persons to achieve or regain self-dependence at the earliest possible date; to avoid duplication and waste of effort and money on the part of public and private agencies; and to coordinate and integrate a social welfare program.
46.011 46.011 Definitions. In chs. 46, 50, 51, 54, 55, and 58:
46.011(1c) (1c)“Community-based juvenile delinquency-related services" means juvenile delinquency-related services provided under ch. 938 other than juvenile correctional services.
46.011(1e) (1e)“Department" means the department of health services.
46.011(1g) (1g)“Disabled children's long-term support program" means the programs described under 2001 Wisconsin Act 16, section 9123 (16rs), and 2003 Wisconsin Act 33, section 9124 (8c).
46.011(1m) (1m)“Institution for mental diseases" has the meaning given in 42 CFR 435.1009.
46.011(1p) (1p)“Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).
46.011 Note NOTE: Sub. (1p) is amended by 2017 Wis. Act 185 effective on the date specified in the department of corrections notice published in the Wisconsin Administrative Register under 2017 Wis. Act 185, section 110 (2) (b), or 1-1-21, whichever is earlier, to read:
Effective date text (1p) “Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4n), or (7g), or 938.357 (3) or (4).
46.011(1s) (1s)“Milwaukee County mental health board" means the Milwaukee County mental health board created under s. 51.41 (1d).
46.011(2) (2)“Prisoner" means any person who is either arrested, incarcerated, imprisoned or otherwise detained in excess of 12 hours by any law enforcement agency of this state, except when detention is pursuant to s. 51.15, 51.20, 51.45 (11) (b) or 55.135 (1) or ch. 980. “Prisoner" does not include any person who is serving a sentence of detention under s. 973.03 (4) unless the person is in the county jail under s. 973.03 (4) (c).
46.011(3) (3)“Secretary" means the secretary of health services.
46.011(4) (4)“State health planning and development agency" means the department, as designated under s. 250.04 (12).
46.014 46.014 Secretary, powers and duties.
46.014(1)(1)Inventories. On or before July 1 in each year, the secretary shall cause full and complete inventories and appraisals to be made of all the property of each institution administered by the department, which shall be recorded and so classified as to show separately the amount, kind and value of such property.
46.014(2) (2)Visitation. The secretary shall cause each of said institutions to be visited and inspected at least once a month to ascertain whether the officers and employees therein are competent and faithful in the discharge of their duties, all inmates properly cared for and governed, all accounts, books and vouchers properly kept, and all the business affairs properly conducted.
46.014(3) (3)Powers and duties. The secretary shall plan for and establish within the department a program of research designed to determine the effectiveness of the treatment, curative and rehabilitative programs of the various institutions and divisions of the department. The secretary may inquire into any matter affecting social welfare and hold hearings and subpoena witnesses and make recommendations to the appropriate agencies, public or private, thereon.
46.014 History History: 1975 c. 39; 1983 a. 27; 1987 a. 186; 2007 a. 20.
46.016 46.016 Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning public assistance, social security, mental hygiene, services for the blind, and in other matters of mutual concern pertaining to public welfare.
46.016 History History: 1989 a. 31, 107; 1995 a. 27; 2007 a. 20.
46.016 Cross-reference Cross-reference: See also chs. DHS 5 and 149, Wis. adm. code.
46.017 46.017 Legal actions. The department may sue and be sued.
46.018 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.
46.018 History History: 1983 a. 189 s. 329 (21); 1983 a. 368, 538.
46.02 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.
46.027 46.027 Contract powers.
46.027(1)(1)Religious organizations; Legislative purpose. The purpose of this section is to allow the department to contract with, or award grants to, religious organizations, under any program administered by the department, on the same basis as any other nongovernmental provider without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program.
46.027(2) (2)Nondiscrimination against religious organizations. If the department is authorized under ch. 16 to contract with a nongovernmental entity, or is authorized to award grants to a nongovernmental entity, religious organizations are eligible, on the same basis as any other private organization, as contractors under any program administered by the department so long as the programs are implemented consistent with the First Amendment of the U.S. Constitution and article I, section 18 of the Wisconsin Constitution. Except as provided in sub. (10), the department may not discriminate against an organization that is or applies to be a contractor on the basis that the organization has a religious character.
46.027(3) (3)Religious character and freedom.
46.027(3)(a)(a) The department shall allow a religious organization with which the department contracts or to which the department awards a grant to retain its independence from state and local governments, including the organization's control over the definition, development, practice and expression of its religious beliefs.
46.027(3)(b) (b) The department may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture or other symbols in order to be eligible for a contract or grant.
46.027(4) (4)Rights of beneficiaries of assistance. If an individual has an objection to the religious character of the organization or institution from which the individual receives, or would receive, assistance funded under any program administered by the department, the department shall provide such individual, if otherwise eligible for such assistance, within a reasonable period of time after the date of the objection with assistance from an alternative provider that is accessible to the individual. The value of the assistance offered by the alternative provider may not be less than the value of the assistance which the individual would have received from the religious organization.
46.027(5) (5)Employment practices. To the extent permitted under federal law, a religious organization's exemption provided under 42 USC 2000e-la regarding employment practices is not affected by its participation in, or receipt of funds from, programs administered by the department.
46.027(6) (6)Nondiscrimination against beneficiaries. A religious organization may not discriminate against an individual in regard to rendering assistance funded under any program administered by the department on the basis of religion, a religious belief or refusal to actively participate in a religious practice.
46.027(7) (7)Fiscal accountability.
46.027(7)(a) (a) Except as provided in par. (b), any religious organization that contracts with, or receives a grant from, the department is subject to the same laws and rules as other contractors to account in accord with generally accepted auditing principles for the use of such funds provided under such programs.
46.027(7)(b) (b) If the religious organization segregates funds provided under programs administered by the department into separate accounts, then only the financial assistance provided with those funds shall be subject to audit.
46.027(8) (8)Compliance. Any party that seeks to enforce its rights under this section may assert a civil action for injunctive relief against the entity or agency that allegedly commits the violation.
46.027(9) (9)Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the department may be expended for sectarian worship, instruction or proselytization.
46.027(10) (10)Preemption. Nothing in this section may be construed to preempt any provision of federal law, the U.S. Constitution, the Wisconsin Constitution or any other statute that prohibits or restricts the expenditure of federal or state funds in or by religious organizations.
46.027 History History: 1997 a. 27.
46.028 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:
46.028(1) (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.
46.028(2) (2)The department promulgates an administrative rule to deliver the benefits by an electronic benefits transfer system.
46.028(3) (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.
46.028 History History: 2009 a. 28.
46.03 46.03 Department, powers and duties. The department shall:
46.03(1) (1)Institutions governed. Maintain and govern the Mendota and the Winnebago mental health institutes; the secure mental health facility established under s. 46.055; and the centers for the developmentally disabled.
46.03(2) (2)Supervision over property. Supervise, manage, preserve and care for the buildings, grounds and other property pertaining to said institutions, and promote the objects for which they are established.
46.03 Cross-reference Cross-reference: See also ch. DHS 60, Wis. adm. code.
46.03(2a) (2a)Gifts. Be authorized to accept gifts, grants or donations of money or of property from private sources to be administered by the department for the execution of its functions.
46.03(3) (3)Trustee duty. Take and hold in trust, whenever it considers acceptance advantageous, all property transferred to the state to be applied to any specified purpose, use or benefit pertaining to any of the institutions under its control or the inmates thereof, and apply the same in accordance with the trust; and when ordered by the court, act as trustee of funds paid for the support of any child if appointed by the court or a circuit court commissioner under s. 767.82 (7).
46.03(4) (4)Education and prevention.
46.03(4)(a) (a) Develop and maintain education and prevention programs that it considers to be proper.
46.03(4)(b) (b) In order to discharge more effectively its responsibilities under this chapter and other relevant provisions of the statutes, be authorized to study causes and methods of prevention and treatment of mental illness, mental deficiency, mental infirmity, and related social problems, including establishment of demonstration projects to apply and evaluate such methods in actual cases. The department is directed and authorized to utilize all powers provided by the statutes, including the authority under sub. (2a), to accept grants of money or property from federal, state, or private sources, and to enlist the cooperation of other appropriate agencies and state departments. The department may enter into agreements with local government subdivisions, departments, and agencies for the joint conduct of these projects, and it may purchase services when considered appropriate.
46.03(5) (5)Mental hygiene.
46.03(5)(a) (a) Execute the laws relating to the custody, care and treatment of mentally ill, mentally infirm and mentally deficient persons, inebriates and drug addicts. It shall examine all institutions, public and private, authorized to receive and care for such persons, and inquire into the method of government and the management of persons therein, and examine into the condition of buildings, grounds and other property connected with any such institution and into matters relating to its management.
46.03(5)(b) (b) Direct the psychiatric field work, aftercare and community supervision and exercise such powers in relation to prevention as the department deems appropriate.
46.03(7) (7)Children and youth.
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2015-16 Wisconsin Statutes updated through 2017 Wis. Act 367 and all Supreme Court and Controlled Substances Board Orders filed before and in effect on December 1, 2018. Published and certified under s. 35.18. Changes effective after December 1, 2018 are designated by NOTES. (Published 12-1-18)