46.22 (1) (b) 3. A county department of social services shall have the following functions, duties and powers in accordance with the rules promulgated and standards established by the department of health and social services and subject to the supervision of the department of industry, labor and human relations:
a. To maintain administrative and reporting relationships with all pertinent state departments.
b. To make investigations which relate to programs under s. 49.046 upon request by the department of health and social services.
d. To submit a final budget to the department of industry, labor and human relations in accordance with s. 49.325 for services authorized in this subdivision.
****NOTE: This is reconciled s. 46.22 (1) (b) 3. This SECTION has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.
SECTION 2084. 46.22 (1) (b) 4. of the statutes is repealed.
SECTION 2085. 46.22 (1) (b) 4m. of the statutes is created to read:
46.22 (1) (b) 4m. A county department of social services shall have the following functions, duties and powers in accordance with the rules promulgated by the department of administration and subject to the supervision of the department of administration:
a. To collect and transmit information to the department of administration so that a federal energy assistance payment may be made to an eligible household.
b. To collect and transmit information to the department of administration so that weatherization services may be made available to an eligible household.
c. To receive applications from individuals seeking low-income energy assistance under s. 16.385 (4) or weatherization services under s. 16.39.
d. To provide information on the income eligibility for weatherization of a recipient of low-income energy assistance to an entity with which the department of administration contracts for provision of weatherization under s. 16.39.
e. To receive a request, determine a correct payment amount, if any, and provide payment, if any, for emergency assistance under s. 16.385 (8).
SECTION 2086. 46.22 (1) (b) 5. of the statutes is repealed.
SECTION 2087. 46.22 (1) (b) 6. of the statutes is repealed.
SECTION 2088. 46.22 (1) (b) 7. of the statutes is renumbered 46.22 (1) (b) 1. c. and amended to read:
46.22 (1) (b) 1. c. Within the limits of available state and federal funds and of county funds appropriated to match state funds, to provide social services for: a. Persons persons eligible for or receiving supplemental security aids under Title XVI of the social security act. b. Persons, eligible for or receiving state supplemental payments under s. 49.177. c. Persons 49.77 or eligible for or receiving aid to families with dependent children under s. 49.19.
SECTION 2089. 46.22 (1) (b) 8. of the statutes is renumbered 46.22 (1) (b) 1. d.
SECTION 2090. 46.22 (1) (b) 9. of the statutes is renumbered 46.22 (1) (b) 1. e.
SECTION 2091. 46.22 (1) (b) 10. of the statutes is repealed.
SECTION 2092. 46.22 (1) (b) 12. of the statutes is renumbered 46.22 (1) (b) 1. f.
SECTION 2093. 46.22 (1) (b) 13. of the statutes is renumbered 46.22 (1) (b) 1. g. and amended to read:
46.22 (1) (b) 1. g. To make certification or referral of eligibles for state or federal works or other assistance programs under subch. V of ch. 49, eligibility for which is based on need.
SECTION 2094. 46.22 (1) (b) 14. of the statutes is amended to read:
46.22 (1) (b) 14. To administer general emergency medical relief under s. 49.02, if the county elects to operate an emergency medical relief program under that section.
SECTION 2095. 46.22 (1) (b) 14. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 46.22 (1) (b) 1. h.
****NOTE: This is reconciled s. 46.22 (1) (b) 14. This SECTION has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.
SECTION 2096. 46.22 (1) (b) 15. of the statutes is renumbered 46.22 (1) (b) 1. i.
SECTION 2097. 46.22 (1) (c) 1. (intro.) of the statutes is amended to read:
46.22 (1) (c) 1. (intro.) Make investigations in cooperation with the court, institution superintendent, district attorney and other agencies and officials operating in the welfare field regarding admissions to and release (or conditional release) from the following county and state institutions:
SECTION 2098. 46.22 (1) (c) 1. b. of the statutes is amended to read:
46.22 (1) (c) 1. b. State institutions. Mendota mental health institute, Winnebago mental health institute, university of Wisconsin hospital and clinics, centers for the developmentally disabled and secured correctional facilities, as defined in s. 48.02 (15m).
SECTION 2099. 46.22 (1) (c) 1. c. of the statutes is created to read:
46.22 (1) (c) 1. c. Other institution. University of Wisconsin Hospitals and Clinics.
SECTION 2100. 46.22 (1) (c) 8. d. of the statutes is amended to read:
46.22 (1) (c) 8. d. Upon the request of the department of health and social services or the department of corrections and under its the direction of the requesting department, the county department of social services shall assume the oversight of any juvenile under parole from or otherwise subject to the supervision of any state institution.
SECTION 2101. 46.22 (1) (d) of the statutes is amended to read:
46.22 (1) (d) Merit system; records. The county department of social services is subject to s. 49.50 (2) to (5) 49.33 (4) to (7). The county department of social services and all county officers and employes performing any duties in connection with the administration of aid to the blind, old-age assistance, aid to families with dependent children and aid to totally and permanently disabled persons shall observe all rules promulgated by the department of health and social services industry, labor and human relations under s. 49.50 (2) 49.33 (4) and shall keep records and furnish reports as the department of health and social services industry, labor and human relations requires in relation to their performance of such duties.
SECTION 2102. 46.22 (1) (e) 1. of the statutes is amended to read:
46.22 (1) (e) 1. In order to ensure the availability of a full range of care and services, a county department of social services may contract, either directly or through the department of health and social services, the department of industry, labor and human relations or the department of corrections, with public or voluntary agencies or others to purchase, in full or in part, care and services which the county department of social services is authorized by any statute to furnish in any manner. The services may be purchased from the department of health and social services, the department of industry, labor and human relations or the department of corrections if the department of health and social services, the department of industry, labor and human relations or the department of corrections has staff to furnish the services. The county department of social services, if it has adequate staff, may sell the care and services directly to another county or state agency.
SECTION 2103. 46.22 (1) (e) 2. of the statutes is amended to read:
46.22 (1) (e) 2. A county department of social services may purchase development and training services from the department of health and social services, the department of industry, labor and human relations or the department of corrections or from other county agencies if the services are available or sell the development and staff training services to another county or state agency if the county department of social services has adequate staff to provide the services.
SECTION 2104. 46.22 (1) (e) 3. of the statutes is amended to read:
46.22 (1) (e) 3. A county department of social services shall submit to the department of health and social services develop, under the requirements of s. 46.036, plans and contracts for care and services to be purchased. The contracts shall be developed under s. 46.036. The department of health and social services shall may review the contracts and approve them if they are consistent with s. 46.036 and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of health and social services to submit the contracts to the committee for review and approval. The department of health and social services may not make any payments to a county for programs included in the contract that is under review by the committee. The department of health and social services shall reimburse each county for the approved contracts from the appropriations under s. 20.435 (3) (oo) and (7) (b) and (o) or under s. 20.435 (3) (cd), according to s. 49.52.
SECTION 2105. 46.22 (1) (e) 3. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 46.22 (1) (e) 3. a. and amended to read:
46.22 (1) (e) 3. a. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for care and services, except under subch. III of ch. 49, to be purchased. The department of health and social services may review the contracts and approve them if they are consistent with s. 46.036 and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of health and social services to submit the contracts to the committee for review and approval. The department of health and social services may not make any payments to a county for programs included in the contract that is under review by the committee. The department of health and social services shall reimburse each county for the contracts from the appropriations under s. 20.435 (3) (oo) and (7) (b) and (o) or under s. 20.435 (3) (cd), according to s. 49.52 46.495.
****NOTE: This is reconciled s. 46.22 (1) (e) 3. a. This SECTION has been affected by drafts with the following LRB numbers: -0442/1 and -2153/1.
SECTION 2106. 46.22 (1) (e) 3. b. of the statutes is created to read:
46.22 (1) (e) 3. b. A county department of social services shall develop, under the requirements of s. 49.34, plans and contracts for care and services under subch. III of ch. 49 to be purchased. The department of industry, labor and human relations may review the contracts and approve them if they are consistent with s. 49.34 and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of industry, labor and human relations to submit the contracts to the committee for review and approval. The department of industry, labor and human relations may not make any payments to a county for programs included in the contract that is under review by the committee.
****NOTE: This is reconciled s. 46.22 (1) (e) 3. b. This SECTION has been affected by drafts with the following LRB numbers: -0442/1 and -2153/1.
SECTION 2107. 46.22 (2) (b) of the statutes is amended to read:
46.22 (2) (b) Appoint the county social services director under sub. (3) subject to s. 49.50 (2) to (5) 49.33 (4) to (7) and the rules promulgated thereunder and subject to the approval of the county board of supervisors in a county with a single-county department of social services or the county boards of supervisors in counties with a multicounty department of social services.
SECTION 2108. 46.22 (2g) (d) of the statutes is amended to read:
46.22 (2g) (d) Prepare, with the assistance of the county social services director under sub. (3m) (b) 5., a proposed budget for submission to the county executive or county administrator and, a final budget for submission to the department of health and social services in accordance with s. 46.031 (1) for authorized services, except services under subch. III of ch. 49, and a final budget for submission to the department of industry, labor and human relations in accordance with s. 49.325 for authorized services under subch. III of ch. 49.
SECTION 2109. 46.22 (3m) (a) of the statutes is amended to read:
46.22 (3m) (a) In any county with a county executive or a county administrator which has established a single-county department of social services, the county executive or county administrator, subject to s. 49.50 (2) to (5) 49.33 (4) to (7) and the rules promulgated thereunder, shall appoint and supervise the county social services director. The appointment is subject to the confirmation of the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) or ch. 63.
SECTION 2110. 46.22 (3m) (b) 12. of the statutes is amended to read:
46.22 (3m) (b) 12. Establish priorities in addition to those mandated by the department of health and social services or by the department of industry, labor and human relations.
SECTION 2111. 46.22 (3m) (b) 17. b. of the statutes is amended to read:
46.22 (3m) (b) 17. b. Such other reports as are required by the secretary of health and social services, the secretary of industry, labor and human relations and the county board of supervisors.
SECTION 2112. 46.23 (2) (a) of the statutes is amended to read:
46.23 (2) (a) "Human services" means the total range of services to people including, but not limited to, health care, mental illness treatment, developmental disabilities services, general emergency medical relief, income maintenance, probation and parole services, alcohol and drug abuse services, services to children, youth and aging, family counseling, exceptional educational services and manpower services.
SECTION 2113. 46.23 (3) (a) of the statutes is amended to read:
46.23 (3) (a) Creation. Upon approval by the secretary and by the secretary of industry, labor and human relations of a feasibility study and a program implementation plan, the county board of supervisors of any county with a population of less than 500,000, or the county boards of supervisors of 2 or more contiguous counties, each of which has a population of less than 500,000, may establish by resolution a county department of human services on a single-county or multicounty basis to provide the services required under this section. The county department of human services shall consist of the county human services board, the county human services director and necessary personnel.
SECTION 2114. 46.23 (3) (am) 4. of the statutes is amended to read:
46.23 (3) (am) 4. No funds may be allocated to any multicounty department of human services until the counties have drawn up a detailed contractual agreement, approved by the secretary and by the secretary of industry, labor and human relations, setting forth the plan for joint sponsorship.
SECTION 2115. 46.23 (3) (c) of the statutes is repealed.
SECTION 2116. 46.23 (3) (e) of the statutes is amended to read:
46.23 (3) (e) Exchange of information. Notwithstanding ss. 49.45 (4), 49.53 (1m) 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and 253.07 (3) (c), any subunit of a county department of human services acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of human services or with any person providing services to the client under a purchase of services contract with the county department of human services, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of human services to coordinate the delivery of services to the client.
SECTION 2117. 46.23 (5) (a) of the statutes is renumbered 46.23 (5) (a) 1. and amended to read:
46.23 (5) (a) 1. Shall determine administrative and program policies, except as provided under subch. III of ch. 49, within limits established by the department of health and social services. Policy decisions, except as provided under subch. III of ch. 49, not reserved by statute for the department of health and social services may be delegated by the secretary to the county human services board.
SECTION 2118. 46.23 (5) (a) 2. of the statutes is created to read:
46.23 (5) (a) 2. Shall determine administrative and program policies under subch. III of ch. 49 within limits established by the department of industry, labor and human relations. Policy decisions under subch. III of ch. 49 not reserved by statute for the department of industry, labor and human relations may be delegated by the secretary of industry, labor and human relations to the county human services board.
SECTION 2119. 46.23 (5) (b) of the statutes is amended to read:
46.23 (5) (b) Shall establish priorities in addition to those mandated by the department of health and social services or the department of industry, labor and human relations.
SECTION 2120. 46.23 (5) (c) of the statutes is renumbered 46.23 (5) (c) 1. and amended to read:
46.23 (5) (c) 1. Shall determine whether state mandated services, except for services under subch. III of ch. 49, are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of services contracts shall be subject to the conditions specified in s. 46.036.
SECTION 2121. 46.23 (5) (c) 2. of the statutes is created to read:
46.23 (5) (c) 2. Shall determine whether state mandated services under subch. III of ch. 49 are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of services contracts shall be subject to the conditions specified in s. 49.34.
SECTION 2122. 46.23 (5) (n) of the statutes is renumbered 46.23 (5) (n) 1. and amended to read:
46.23 (5) (n) 1. Shall submit a final budget in accordance with s. 46.031 (1) for authorized services, except for services under subch. III of ch. 49. Notwithstanding the categorization of or limits specified for funds allocated under s. 49.52 (1) (d) 46.495 or 51.423 (2), with the approval of the department of health and social services the county human services board may expend these funds consistent with any service provided under s. 49.52 (1) (d) 46.495 or 51.42.
SECTION 2123. 46.23 (5) (n) 2. of the statutes is created to read:
46.23 (5) (n) 2. Shall submit a final budget in accordance with s. 49.325 (1) for authorized services under subch. III of ch. 49.
SECTION 2124. 46.23 (5m) (c) of the statutes is amended to read:
46.23 (5m) (c) Prepare, with the assistance of the county human services director under sub. (6m) (e), a proposed budget for submission to the county executive or county administrator and, a final budget for submission to the department of health and social services in accordance with s. 46.031 (1) for authorized services, except services under subch. III of ch. 49, and a final budget for submission to the department of industry, labor and human relations in accordance with s. 49.325 for authorized services under subch. III of ch. 49.
SECTION 2125. 46.23 (6) (a) (intro.) of the statutes is amended to read:
46.23 (6) (a) (intro.) A county human services director appointed under sub. (5) (f) shall have all of the administrative and executive powers and duties of managing, operating, maintaining and improving the programs of the county department of human services, subject to the rules promulgated by the department of health and social services under this section for programs, except services or programs under subch. III of ch. 49, and subject to the rules promulgated by the department of industry, labor and human relations for services or programs under subch. III of ch. 49. In consultation with the county human services board under sub. (5) and subject to its approval, the county human services director shall prepare:
SECTION 2126. 46.23 (6) (a) 3. of the statutes is amended to read:
46.23 (6) (a) 3. Such other reports as are required by the secretary of health and social services or by the secretary of industry, labor and human relations and the county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services.
SECTION 2127. 46.23 (6m) (a) of the statutes is amended to read:
46.23 (6m) (a) Supervise and administer any program established for which supervision and administration is authorized under this section.
SECTION 2128. 46.25 (7) of the statutes is amended to read:
46.25 (7) The department may represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation. The department may delegate its authority to represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation under this section to an attorney responsible for support enforcement under s. 59.458 (1) pursuant to a contract entered into under s. 59.07 (97). The department shall ensure that any such contract is for an amount reasonable and necessary to assure quality service. The department may, by such a contract, authorize a county to contract with any attorney, collection agency or other person to collect unpaid child support or maintenance. If a county fails to fully implement the programs under s. 59.07 (97), the department may implement them and may contract with any appropriate person to obtain necessary services. The department shall establish a formula for of industry, labor and human relations may transfer funds appropriated under s. 20.445 (3) (p) to the department of health and social services for the purpose of disbursing the transferred funds appropriated under s. 20.435 (4) (p), under a formula established by the department of health and social services, to carry out a contract under this subsection.
