46.21(2m)(b)1.c.
c. The management, operation, maintenance and improvement of the county mental health complex under
s. 51.08.
46.21(2m)(b)2.a.a. Any reference in any law to a county department under
s. 46.215,
51.42 or
51.437 applies to the county department of human services under
sub. (2m) in its administration of the powers and duties of the county department to which the reference is made.
46.21(2m)(b)2.c.
c. Any reference in any law to the county board appointed under
s. 51.42 (4) (a) 2. or
51.437 (7) (a) 2. is limited, with respect to the county department of human services under this subsection, to the powers and duties of the county board to which the reference is made.
46.21(2m)(c)
(c)
Exchange of information. Notwithstanding
ss. 48.78 (2) (a),
49.45 (4),
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 the county department of human services acting under this subsection 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.
46.21(2m)(d)
(d)
Limitation. The powers and duties of the county department of human services under
s. 46.23 do not apply to this section.
46.21(3)
(3) Powers and duties of the director. All of the administrative and executive powers and duties of managing, operating, maintaining and improving the county department of human services and other institutions and departments that the county board of supervisors may place under the jurisdiction of the director are vested in the director, subject to the policies and in accordance with the principles adopted by the county board of supervisors.
46.21(3g)
(3g) Powers and duties of the administrator. All of the administrative and executive powers and duties of managing, operating, maintaining and improving the county hospital and other institutions and departments that the county board of supervisors may place under the jurisdiction of the administrator are vested in the administrator, subject to the policies and in accordance with the principles adopted by the county board of supervisors.
46.21(3r)
(3r) Other powers and duties. The county board of supervisors may place under the jurisdiction of county entities not specified under this section the administrative and executive powers and duties of managing, operating, maintaining and improving institutions and departments or other responsibilities that are specified in
sub. (2), including functions related to the central service departments and buildings and land used in connection with any institution under
sub. (2).
46.21(4)
(4) Management personnel. The director may appoint personnel to manage the county department of human services and the administrator may appoint personnel to manage the county hospital, in accordance with ordinances of the county board of supervisors.
46.21(4m)(a)(a) The county hospitals and county sanatoriums of a county with a population of 500,000 or more shall be devoted to hospital service and the treatment of patients upon such terms and conditions as the county board of supervisors establishes. The hospitals and sanatoriums may be utilized for instruction of medical students, physicians and nurses and for scientific and clinical research that will promote the welfare of the patients and assist the application of science to the alleviation of human suffering.
46.21(4m)(b)
(b) Professional staff responsible for the care of patients under this subsection may submit bills for professional services under policies adopted by the county board of supervisors.
46.21(5)
(5) Admission of inmates for pay. 46.21(5)(a)(a) Any resident of this state, not indigent, may be received into an infirmary to be treated, cared for, and maintained upon such terms and conditions and at such rate of pay as may be established by the county board of supervisors; but indigent and destitute persons shall have preference in admission to and care in such institution.
46.21(6)
(6) Reports; expenditures. The director and the administrator shall submit annually to the county board of supervisors reports, including itemized statements of receipts and disbursements, at the times and in the manner that the county board of supervisors specifies and as are required to comply with applicable federal statutes and regulations and state statutes and rules. Disbursements shall be made in the manner that the county board of supervisors adopts, consistent with sound accounting and auditing procedure and with applicable federal statutes and regulations, state statutes and rules and requirements of the county auditor and county department of administration.
46.21(7)
(7) Applicability. Except as provided in
s. 59.79 (10), this section does not apply, with respect to the county hospital under
s. 49.71 (2), if the county board of supervisors acts under
s. 59.79 (10).
46.21 History
History: 1973 c. 136,
153,
262;
1975 c. 224;
1975 c. 413 s.
18;
1977 c. 271,
272,
449;
1979 c. 34;
1981 c. 217,
329,
391;
1983 a. 27,
239,
368,
524;
1985 a. 29 s.
3202 (23);
1985 a. 120,
176,
332;
1987 a. 399;
1989 a. 31,
112,
319;
1991 a. 274;
1993 a. 27,
186,
213,
446;
1995 a. 27,
77,
201.
46.215
46.215
County department of social services in populous counties. 46.215(1)(1)
Creation; powers and duties. In a county with a population of 500,000 or more the administration of welfare services is vested in a county department of social services under the jurisdiction of the county board of supervisors under
s. 46.21 (2m) (b) 1. a. Any reference in any law to a county department of social services under this section applies to a county department under
s. 46.21 (2m) in its administration under
s. 46.21 (2m) of the powers and duties of the county department of social services. The county department of social services shall have the following functions, duties and powers, and such other welfare functions as may be delegated to it:
46.215(1)(a)
(a) To make investigations relating to relief or welfare administration and admissions to state, county and other institutions upon request of court, superintendent, district attorney, veterans' service commission or any other county official.
46.215(1)(b)
(b) To furnish services to families or persons other than the granting of financial or material aid where such services may prevent such families or persons from becoming public charges or restore them to a condition of self-support.
46.215(1)(c)
(c) To make certification or referral of eligibles for state or federal works or other assistance programs, eligibility for which is based on need, when designated to perform such certification or referral services.
46.215(1)(d)
(d) To make investigations that relate to services under
subchs. II,
IV and
V of ch. 49 upon request by the department of health and family services, to make investigations that relate to juvenile delinquency-related services at the request of the department of corrections and to make investigations that relate to programs under
subch. III of ch. 49 upon request by the department of industry, labor and job development.
46.215(1)(e)
(e) To maintain administrative and reporting relationships with all pertinent state departments.
46.215(1)(fm)
(fm) To administer relief funded by a relief block grant under
ch. 49, if the county operates a program funded by a relief block grant under that chapter.
46.215(1)(g)
(g) To administer aid to families with dependent children under
s. 49.19.
46.215(1)(h)
(h) To administer child welfare services under
ss. 48.56 and
48.57 and juvenile welfare services under
s. 938.57, to accept custody and guardianship of children upon the order of a competent court and to place children for adoption and to make recommendations relating to the adoption of children under
s. 48.85.
46.215(1)(j)
(j) To make payments in such manner as the department of industry, labor and job development may determine for training of recipients, former recipients and potential recipients of aid in programs established under
ss. 49.193 and
49.26 (1).
46.215(1)(k)
(k) Except as provided under
sub. (1g), certify eligibility for and issue food coupons to needy households in conformity with the federal food stamp act of 1964 as amended, and, in addition, the county department of social services may certify eligibility for and distribute surplus commodities and food stuffs.
46.215(1)(L)
(L) Within the limits of available state and federal funds and of county funds appropriated to match state funds, to provide social services for persons eligible for or receiving benefits under the supplementary security income program under federal Title XVI, the supplemental payments program under
s. 49.77 or aid to families with dependent children under
s. 49.19.
46.215(1)(m)
(m) To administer the long-term support community options program under
s. 46.27, if the county board of supervisors designates the county department of social services as the administrative agency.
46.215(1)(n)
(n) To collect and transmit information to the department of administration so that a federal energy assistance payment may be made to an eligible household; to collect and transmit information to the department of administration so that weatherization services may be made available to an eligible household; to receive applications from individuals seeking low-income energy assistance under
s. 16.385 (4) or weatherization services under
s. 16.39; 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; and to receive a request, determine a correct payment amount, if any, and provide payment, if any, for emergency assistance under
s. 16.385 (8).
46.215(1)(q)
(q) If the county board of supervisors establishes an integrated service program for children with severe disabilities under
s. 59.53 (7), to participate in and administer an integrated service program for children with severe disabilities under
s. 59.53 (7), including entering into any written interagency agreements or contracts.
46.215(1g)
(1g) Administration of food stamps for participants in Wisconsin works. The Wisconsin works agency, as defined in
s. 49.001 (9), shall certify eligibility for and distribute food coupons under
s. 49.143 (2) (e) to eligible participants in the Wisconsin works program under
subch. III of ch. 49.
46.215(1m)
(1m) Exchange of information. Notwithstanding
ss. 48.78 (2) (a),
49.45 (4),
49.83,
51.30,
51.45 (14) (a),
55.06 (17) (c),
146.82,
252.11 (7),
253.07 (3) (c) and
938.78 (2) (a), any subunit of the county department of social 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 social services or with any person providing services to the client under a purchase of services contract with the county department of social services, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of social services to coordinate the delivery of services to the client.
46.215 Note
NOTE: Sub. (1m) is shown as affected by three acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
46.215(2)(a)1.1. In order to ensure the availability of a full range of care and services, the county department of social services may contract, either directly or through the department of health and family services, with public or voluntary agencies or others to purchase, in full or in part, care and services, except as provided under
subch. III of ch. 49 and
s. 301.08 (2), which the county department of social services is authorized by any statute to furnish in any manner. This care and these services may be purchased from the department of health and family services if the department of health and family services has staff to furnish the care and services. If the county department of social services has adequate staff, it may sell the care and services directly to another county or state agency.
46.215(2)(a)2.
2. In order to ensure the availability of a full range of care and services, the county department of social services may contract, either directly or through the department of industry, labor and job development, with public or voluntary agencies or others to purchase, in full or in part, care and services under
subch. III of ch. 49 which the county department of social services is authorized to furnish. This care and these services may be purchased from the department of industry, labor and job development if the department of industry, labor and job development has staff to furnish the services. If the county department of social services has adequate staff, it may sell the care and services directly to another county or state agency.
46.215(2)(a)3.
3. In order to ensure the availability of a full range of care and services, the county department of social services may contract, either directly or through the department of corrections, with public or voluntary agencies or others to purchase, in full or in part, juvenile delinquency-related care and services which the county department of social services is authorized by any statute to furnish in any manner. Such services may be purchased from the department of corrections if the department of corrections has staff to furnish the services. If the county department of social services has adequate staff, it may sell the care and services directly to another county or state agency.
46.215(2)(b)
(b) A county department of social services may purchase development and training services from the department of health and family services, from the department of industry, labor and job development, from the department of corrections or from other county agencies when the services are available. A county department of social services may sell the development and staff training services to another county or state agency if the county department has adequate staff to provide the services.
46.215(2)(c)1.1. A county department of social services shall develop, under the requirements of
s. 46.036, plans and contracts for care and services to be purchased, except for care and services under
subch. III of ch. 49 or
s. 301.08 (2). The department of health and family services may review the contracts and approve them if they are consistent with
s. 46.036 and if state or federal funds are available for such purposes. The joint committee on finance may require the department of health and family services to submit the contracts to the committee for review and approval. The department of health and family services may not make any payments to a county for programs included in a contract under review by the committee. The department of health and family services shall reimburse each county for the contracts from the appropriations under s.
20.435 (3) (oo)[, 1993 stats.,] and
(7) (b) and
(o) or under
s. 20.435 (3) (cd), [1993 stats.,] as appropriate, under
s. 46.495.
46.215 Note
NOTE: The bracketed language indicates cross-references to 1993 statutes which were repealed by
1995 Wis. Act 27. Corrective legislation is pending.
46.215(2)(c)2.
2. A county department of social services shall develop, under the requirements of
s. 49.34, plans and contracts for care and services to be purchased under
subch. III of ch. 49. The department of industry, labor and job development may review the contracts and approve them if they are consistent with
s. 49.34 and if state or federal funds are available for such purposes. The joint committee on finance may require the department of industry, labor and job development to submit the contracts to the committee for review and approval. The department of industry, labor and job development may not make any payments to a county for programs included in a contract under review by the committee.
46.215(2)(c)3.
3. A county department of social services shall develop, under the requirements of
s. 301.08 (2), plans and contracts for juvenile delinquency-related care and services to be purchased. The department of corrections may review the contracts and approve them if they are consistent with
s. 301.08 (2) and if state or federal funds are available for such purposes. The joint committee on finance may require the department of corrections to submit the contracts to the committee for review and approval. The department of corrections may not make any payments to a county for programs included in a contract under review by the committee. The department of corrections shall reimburse each county for the contracts from the appropriations under
s. 20.410 (3) (cd) and
(oo) as appropriate.
46.215(3)
(3) Program budgets. The county department of social services shall submit a final budget to the department of health and family services under
s. 46.031 (1), to the department of corrections under
s. 301.031 (1) and to the department of industry, labor and job development under
s. 49.325 (1), for authorized services.
46.215 History
History: 1971 c. 218;
1973 c. 90,
147,
333,
336;
1975 c. 39,
307,
421;
1977 c. 29,
271,
418;
1979 c. 34;
1981 c. 20 ss.
867m to
870,
2202 (20) (j);
1981 c. 81,
329;
1983 a. 27 ss.
1080,
2202 (20);
1983 a. 190 s.
7;
1983 a. 193;
1985 a. 29,
120;
1985 a. 176 ss.
322 to
332; Stats. 1985 s. 46.215;
1987 a. 27;
1987 a. 403 s.
256;
1989 a. 31,
107,
336,
359;
1991 a. 39,
274;
1993 a. 16;
1995 a. 27 ss.
2063 to
2076,
9126 (19),
9130 (4);
1995 a. 64,
77,
201,
225,
289,
352,
404,
417; s. 13.93 (2) (c).
46.215 Annotation
Counties have authority to provide the funding of services under s. 49.51 (3) (c), 1983 stats., [now 46.215 (2) (c)] on their own but are not required to do so when reimbursement is unavailable. 63 Atty. Gen. 584.
46.22
46.22
County social services. 46.22(1)
(1)
County department of social services. 46.22(1)(a)(a)
Creation. Except as provided under
s. 46.23 (3) (b), the county board of supervisors of any county with a population of less than 500,000, or the county boards of 2 or more contiguous counties each with a population of less than 500,000, shall establish a county department of social services on a single-county or multicounty basis. The county department of social services shall consist of a county social services board, a county social services director and necessary personnel.
46.22(1)(am)
(am)
Funding for multicounties. State social services funding under
s. 20.435 (7) (b) is not available to counties which establish a multicounty department of social services until the counties have drafted a contractual agreement, approved by the secretary, setting forth the plans for direct sponsorship and have drafted a budget under
par. (b) 1. d.
46.22(1)(b)1.1. The county department of social services shall have the following functions, duties and powers in accordance with the rules promulgated by the department of health and family services and subject to the supervision of the department of health and family services:
46.22(1)(b)1.a.
a. To maintain administrative and reporting relationships with all pertinent state departments.
46.22(1)(b)1.b.
b. To make investigations which relate to welfare services, except as provided under
subch. III of ch. 49, upon request by the department of health and family services.
46.22(1)(b)1.c.
c. Within the limits of available state and federal funds and of county funds appropriated to match state funds, to provide social services for persons eligible for or receiving supplemental security aids under Title XVI of the social security act, eligible for or receiving state supplemental payments under
s. 49.77 or eligible for or receiving aid to families with dependent children under
s. 49.19.
46.22(1)(b)1.e.
e. To administer the long-term support community options program singly under
s. 46.27 (3) (b) 1. or jointly under
s. 46.27 (3) (b) 5., as designated by 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.
46.22(1)(b)1.g.
g. To make certification or referral of eligibles for state or federal assistance programs under
subch. V of ch. 49, eligibility for which is based on need.
46.22(1)(b)1.h.
h. To administer relief funded by a relief block grant under
ch. 49, if the county operates a program funded by a relief block grant under that chapter.
46.22(1)(b)1.i.
i. If the county board of supervisors establishes an integrated service program for children with severe disabilities under
s. 59.53 (7), to participate in and administer an integrated service program for children with severe disabilities under
s. 59.53 (7), including entering into any written interagency agreements or contracts.
46.22(1)(b)2.
2. A county department of social services shall have the following functions, duties and powers in accordance with the rules promulgated by the department of industry, labor and job development and subject to the supervision of the department of industry, labor and job development:
46.22(1)(b)2.a.
a. To administer aid to families with dependent children under
s. 49.19. This subdivision paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under
s. 49.141 (2) (d).
46.22(1)(b)2.b.
b. To maintain administrative and reporting relationships with all pertinent state departments.
46.22(1)(b)2.c.
c. To make investigations as provided under
subch. III of ch. 49 upon request by the department of industry, labor and job development.
46.22(1)(b)2.e.
e. To make payments in such manner as the department of industry, labor and job development may determine for training of recipients, former recipients and potential recipients of aid in programs established under
ss. 49.193 and
49.26 (1).
46.22(1)(b)2.g.
g. To make certification or referral of eligibles for state or federal works or other assistance programs under
subch. III of ch. 49, eligibility for which is based on need.
46.22(1)(b)3.
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 family services and subject to the supervision of the department of industry, labor and job development:
46.22(1)(b)3.a.
a. To maintain administrative and reporting relationships with all pertinent state departments.
46.22(1)(b)3.b.
b. To make investigations which relate to programs under
s. 49.046 [,1993 stats.,] upon request by the department of health and family services.
46.22 Note
NOTE: The bracketed language indicates a cross-reference to a 1993 statute which was repealed by
1995 Wis. Act 27. Corrective legislation is pending.
46.22(1)(b)3.d.
d. To submit a final budget to the department of industry, labor and job development in accordance with
s. 49.325 for services authorized in this subdivision.
46.22(1)(b)4m.
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:
46.22(1)(b)4m.a.
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.
46.22(1)(b)4m.b.
b. To collect and transmit information to the department of administration so that weatherization services may be made available to an eligible household.
46.22(1)(b)4m.c.
c. To receive applications from individuals seeking low-income energy assistance under
s. 16.385 (4) or weatherization services under
s. 16.39.
46.22(1)(b)4m.d.
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.
46.22(1)(b)4m.e.
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).
