51.40 Annotation
Discussion of residence of adult protectively placed as minor. Waukesha County v. B.D., 163 W (2d) 779, 472 W (2d) 563 (Ct. App. 1991).
51.42
51.42
Community mental health, developmental disabilities, alcoholism and drug abuse services. 51.42(1)(a)(a)
Purpose and intent. All of the following are the purposes and intent of this section:
51.42(1)(a)1.
1. To enable and encourage counties to develop a comprehensive range of services offering continuity of care.
51.42(1)(a)2.
2. To utilize and expand existing governmental, voluntary and private community resources for provision of services to prevent or ameliorate mental disabilities, including but not limited to mental illness, developmental disabilities, alcoholism and drug abuse.
51.42(1)(a)3.
3. To provide for the integration of administration of those services and facilities organized under this section through the establishment of a county department of community programs.
51.42(1)(a)4.
4. To authorize state consultative services, reviews and establishment of standards and grants-in-aid for such program of services and facilities.
51.42(1)(b)
(b)
County liability. The county board of supervisors has the primary responsibility for the well-being, treatment and care of the mentally ill, developmentally disabled, alcoholic and other drug dependent citizens residing within its county and for ensuring that those individuals in need of such emergency services found within its county receive immediate emergency services. This primary responsibility is limited to the programs, services and resources that the county board of supervisors is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds. County liability for care and services purchased through or provided by a county department of community programs established under this section shall be based upon the client's county of residence except for emergency services for which liability shall be placed with the county in which the individual is found. For the purpose of establishing county liability, "emergency services" includes those services provided under the authority of
s. 51.15,
51.45 (11) (a) or
(b) or
(12),
55.05 (4) or
55.06 (11) (a) for not more than 72 hours. Nothing in this paragraph prevents recovery of liability under
s. 46.10 or any other statute creating liability upon the individual receiving a service or any other designated responsible party, or prevents reimbursement by the department of health and family services for the actual cost of all care and services from the appropriation under
s. 20.435 (7) (da), as provided in
s. 51.22 (3).
51.42(2)
(2) Definition. In this section, "program" means community services and facilities for the prevention or amelioration of mental disabilities, including but not limited to mental illness, developmental disabilities, alcoholism and drug abuse.
51.42(3)
(3) County department of community programs. 51.42(3)(a)(a)
Creation. Except as provided under
s. 46.23 (3) (b), the county board of supervisors of any county, or the county boards of supervisors of 2 or more contiguous counties, shall establish a county department of community programs on a single-county or multicounty basis to administer a community mental health, developmental disabilities, alcoholism and drug abuse program, make appropriations to operate the program and authorize the county department of community programs to apply for grants-in-aid under
s. 51.423. The county department of community programs shall consist of a county community programs board, a county community programs director and necessary personnel.
51.42(3)(ar)
(ar)
Duties. A county department of community programs shall do all of the following:
51.42(3)(ar)1.
1. Enter into contracts to render services to or secure services from other agencies or resources including out-of-state agencies or resources. Notwithstanding
ss. 59.42 (1) and
(2) (b) and
978.05, any multicounty department of community programs may contract for professional legal services that are necessary to carry out the duties of the multicounty department of community programs if the corporation counsel of each county of the multicounty department of community programs has notified the multicounty department of community programs that he or she is unable to provide those services in a timely manner.
51.42(3)(ar)2.
2. Enter into contracts for the use of any facility as an approved public treatment facility under
s. 51.45 for the treatment of alcoholics if the county department of community programs deems it to be an effective and economical course to follow.
51.42(3)(ar)3.
3. Plan for and establish a community developmental disabilities program to deliver the services required under
s. 51.437 if, under
s. 51.437 (4g) (b), the county board of supervisors in a county with a single-county department of community programs or the county boards of supervisors in counties with a multicounty department of community programs transfer the powers and duties of the county department under
s. 51.437 to the county department of community programs. The county board of supervisors in a county with a single-county department of community programs and the county boards of supervisors in counties with a multicounty department of community programs may designate the county department of community programs to which these powers and duties have been transferred as the administrative agency of the long-term support community options program under
s. 46.27 (3) (b) 1. and
5. and the community integration programs under
ss. 46.275,
46.277 and
46.278.
51.42(3)(ar)4.
4. Within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, provide for the program needs of persons suffering from mental disabilities, including mental illness, developmental disabilities, alcoholism or drug abuse, by offering the following services:
51.42(3)(ar)4.a.
a. Collaborative and cooperative services with public health and other groups for programs of prevention.
51.42(3)(ar)4.c.
c. Inpatient and outpatient care and treatment, residential facilities, partial hospitalization, emergency care and supportive transitional services.
51.42(3)(ar)4.d.
d. Related research and staff in-service training, including periodic training on emergency detention procedures under
s. 51.15 and emergency protective placement procedures under
s. 55.06 (11), for individuals within the jurisdiction of the county department of community programs who are authorized to take persons into custody under
ss. 51.15 and
55.06 (11). In developing in-service training on emergency detention and emergency protective placement procedures, the county department of community programs shall consult the county department of developmental disabilities services under
s. 51.437 in counties where these departments are separate.
51.42(3)(ar)4.e.
e. Continuous planning, development and evaluation of programs and services for all population groups.
51.42(3)(ar)4m.
4m. If state, federal and county funding for alcohol and other drug abuse treatment services provided under
subd. 4. are insufficient to meet the needs of all eligible individuals, ensure that first priority for services is given to pregnant women who suffer from alcoholism or alcohol abuse or are drug dependent.
51.42(3)(ar)5.
5. Prepare a local plan which includes an inventory of all existing resources, identifies needed new resources and services and contains a plan for meeting the needs of the mentally ill, developmentally disabled, alcoholic, drug abusers and those with other psychiatric disabilities for citizens residing within the jurisdiction of the county department of community programs and for persons in need of emergency services found within the jurisdiction of the county department of community programs. The plan shall also include the establishment of long-range goals and intermediate-range plans, detailing priorities and estimated costs and providing for coordination of local services and continuity of care. The plan shall state how the needs of homeless persons and adults with serious and persistent mental illness, children with serious emotional disturbances and minorities will be met by the county department of community programs. The county department of community programs shall submit the plan to the department for review under
sub. (7) (a) 9. and
s. 51.02 (1) (f) in accordance with the schedule and deadlines established under
sub. (7) (a) 9.
51.42(3)(ar)6.
6. Under the supervision of the county community programs director, using qualified personnel with training or experience, or both, in mental health, developmental disabilities, or in alcoholism and drug abuse, be responsible for the planning and implementation of programs relating to mental health, developmental disabilities, alcoholism or drug abuse. A single coordinator may be responsible for alcoholism, drug abuse, mental health and developmental disabilities programs.
51.42(3)(ar)8.
8. By September 30, submit for inclusion as part of the proposed county budget to the county executive or county administrator or, in those counties without a county executive or county administrator, directly to the county board of supervisors in a county with a single-county department of community programs or the county boards of supervisors in counties with a multicounty department of community programs a proposed budget for the succeeding calendar year covering services, including active treatment community mental health center services, based on the plan required under
subd. 5. The final budget shall be submitted to the department of health and family services.
51.42(3)(ar)9.
9. Develop the cost of all services which it purchases based on the standards and requirements of
s. 46.036.
51.42(3)(ar)11.
11. Annually report to the department of health and family services regarding the use of any contract entered into under
s. 51.87
51.42(3)(ar)13.
13. Except in an emergency, review and approve or disapprove all admissions to nursing homes of mentally ill persons under age 65 who are residents of the county.
51.42(3)(ar)14.
14. If the county board of supervisors establishes an integrated service program for children with severe disabilities under
s. 59.53 (7), participate in and may administer an integrated service program for children with severe disabilities under
s. 59.53 (7), including entering into any written interagency agreements or contracts.
51.42(3)(ar)15.
15. Submit to the department in a timely fashion, as specified by the department, any reports necessary to comply with the requirements under
42 USC 300x-52.
51.42(3)(as)1.1. A county department of community programs shall authorize all care of any patient in a state, local or private facility under a contractual agreement between the county department of community programs and the facility, unless the county department of community programs governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of community programs or its contract agency. In cases of emergency, a facility under contract with any county department of community programs shall charge the county department of community programs having jurisdiction in the county where the patient is found. The county department of community programs shall reimburse the facility for the actual cost of all authorized care and services less applicable collections under
s. 46.036, unless the department of health and family services determines that a charge is administratively infeasible, or unless the department of health and family services, after individual review, determines that the charge is not attributable to the cost of basic care and services. A county department of community programs may not reimburse any state institution or receive credit for collections for care received therein by nonresidents of this state, interstate compact clients, transfers under
s. 51.35 (3), and transfers from Wisconsin state prisons under
s. 51.37 (5) (a), commitments under s.
975.01, 1977 stats., or s.
975.02, 1977 stats., or
s. 971.14,
971.17 or
975.06 or admissions under s.
975.17, 1977 stats., or children placed in the guardianship of the department of health and family services under
s. 48.427 or
48.43 or under the supervision of the department of corrections under
s. 938.183 or
938.355. The exclusionary provisions of
s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client.
51.42(3)(as)2.
2. If a mental health institute has provided a county department of community programs with service, the department of health and family services shall regularly bill the county department of community programs, except as provided under
subd. 2m. If collections for care exceed current billings, the difference shall be remitted to the county department of community programs through the appropriation under
s. 20.435 (2) (gk). For care provided on and after February 1, 1979, the department of health and family services shall adjust collections from medical assistance to compensate for differences between specific rate scales for care charged to the county department of community programs and the average daily medical assistance reimbursement rate. Payment shall be due from the county department of community programs within 60 days of the billing date subject to provisions of the contract. If any payment has not been received within 60 days, the department of health and family services shall deduct all or part of the amount from any payment due from the department of health and family services to the county department of community programs.
51.42(3)(as)2m.
2m. The department of health and family services may bill the county department of community programs under
subd. 2. for inpatient services provided on or after October 1, 1987, by a mental health institute for individuals under 21 years of age or for individuals under 22 years of age who are receiving the services immediately prior to reaching age 21, only if the person lacks full means of payment, including payment from medical assistance and other sources.
51.42(3)(as)3.
3. Care, services and supplies provided after December 31, 1973, to any person who, on December 31, 1973, was in or under the supervision of a mental health institute, or was receiving mental health services in a facility authorized by
s. 51.08 or
51.09, but was not admitted to a mental health institute by the department of health and family services, shall be charged to the county department of community programs which was responsible for such care and services at the place where the patient resided when admitted to the institution. The department of health and family services shall bill county departments of community programs for care provided at the mental health institutes which reflects the estimated per diem cost of specific levels of care, to be adjusted periodically by the department of health and family services.
51.42(3)(aw)1.1. Within the limits of state and county appropriations and maximum available funding from other sources, a county department of community programs may provide for the program needs of persons suffering from mental disabilities, including but not limited to mental illness, developmental disability, alcoholism or drug abuse, by offering the following services:
51.42(3)(aw)1.a.
a. Precare, aftercare and rehabilitation and habilitation services.
51.42(3)(aw)1.d.
d. Provide treatment and services that are specified in a conditional release plan approved by a court for a person who is a county resident and is conditionally released under
s. 971.17 (3) or
(4) or that are specified in a supervised release plan approved by a court under
s. 980.06 (2) (c) or
980.08 (5). If the county department provides treatment and services under this subdivision, the department of health and family services shall, from the appropriation under
s. 20.435 (2) (bj), pay the county department for the costs of the treatment and services.
51.42(3)(aw)2.
2. A county department of community programs may allocate services among service recipients to reflect the availability of limited resources.
51.42(3)(aw)3.
3. A county department of community programs may own, lease or manage real property for the purposes of operating a treatment facility.
51.42(3)(b)
(b)
Other powers and duties. The county board of supervisors of any county with a single-county department of community programs and the county boards of supervisors of counties with a multicounty department of community programs may designate the county department of community programs as the administrator of any other county health care program or institution, but the operation of such program or institution is not reimbursable under
s. 51.423.
51.42(3)(bm)
(bm)
Educational services. A county department of community programs may not furnish services and programs provided by the department of education and local educational agencies.
Effective date note
NOTE: Par. (bm) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(bm) Educational services. A county department of community programs may not furnish services and programs provided by the department of public instruction and local educational agencies.
51.42(3)(c)
(c)
Multicounty contract. No grant-in-aid may be made under
s. 51.423 to any multicounty department of community programs until the counties which established the multicounty department of community programs have drawn up a detailed contractual agreement, approved by the secretary, setting forth the plans for joint sponsorship.
51.42(3)(d)1.a.
a. "Emergency" means a situation, physical condition or one or more practices, methods or operations that present imminent danger of death or serious physical or mental harm to a consumer of mental health, developmental disabilities, alcoholism or drug abuse services of a county department of community programs.
51.42(3)(d)1.b.
b. "Related program" means a program that is operated by the county department of community programs or under a contract under
par. (ar) 1.
51.42(3)(d)2.
2. The department of health and family services may apply to a court for an order appointing a receiver to perform the functions of a county department of community programs or a related program if the department of health and family services determines that appointment of a receiver is necessary to address an emergency.
51.42(3)(d)3.
3. The department of health and family services, represented by the department of justice, may apply for a court order appointing a receiver for a county department of community programs or a related program. The department of health and family services, as represented, may apply by verified petition to the circuit court for Dane county for the order. The court shall hold a hearing on the petition within 5 days after the petition is filed. The petition and notice of the hearing shall be served on the county community programs director or the director of the related program as provided under
ch. 801. If it appears from the petition filed under this subdivision, or from an affidavit or affidavits filed with the petition, or from testimony of witnesses under oath when the court determines that this is necessary, that there is probable cause that an emergency exists in the county department of community programs or related program, the court shall immediately issue the requested order for appointment of a receiver, ex parte and without further hearing. The court shall appoint the receiver for a specified time period, up to 120 days, requested by the department of health and family services. The court may extend the period of the receivership in 30-day increments only on the petition of the department of health and family services if the court finds that it is necessary for the receivership to be extended for the continued health, safety and welfare of the consumers of mental health, developmental disabilities, alcoholism or drug abuse services of the county department of community programs or related program. Notwithstanding
s. 808.03 (1), any order issued at the hearing on a petition for receivership under this subdivision or at a subsequent hearing concerning matters arising in the receivership or concerning termination of the receivership under
subd. 11. may be appealed as a matter of right.
51.42(3)(d)4.
4. An appearance by the department of justice on behalf of the department of health and family services to obtain the order under
subd. 3. is not a hearing of any preliminary contested matter for the purposes of
s. 801.58 (1). After the hearing under
subd. 3., the court may terminate, continue or modify the temporary order.
51.42(3)(d)5.
5. The receiver shall, with all reasonable speed, but in any event by the date on which the receivership ends under
subd. 3. or
4., provide for the continued health, safety and welfare of consumers of mental health, developmental disabilities, alcoholism or drug abuse services of the county department of community programs or related program.
51.42(3)(d)6.a.
a. May exercise those powers and shall perform those duties set out by the court.
51.42(3)(d)6.b.
b. Shall operate the county department of community programs or related program in such a manner as to assure safety and adequate care for the consumers of mental health, developmental disabilities, alcoholism and drug abuse services of the county department or related program.
51.42(3)(d)6.c.
c. Shall have the same rights to possession of the buildings occupied by the county department of community programs or related program and of all goods and fixtures in the buildings at the time that the petition for receivership is filed as the county department or related program would have had if the receiver had not been appointed. The receiver shall take action that is reasonably necessary to protect or conserve the tangible assets or property of which the receiver takes possession, or the proceeds of any transfer of those tangible assets or property, and may use them only in the performance of the powers and duties set forth in this paragraph and by order of the court.
51.42(3)(d)6.d.
d. May use the buildings, fixtures, furnishings and any accompanying consumer goods in the provision of care and services to consumers of mental health, developmental disabilities, alcoholism and drug abuse services of the county department of community programs or related program at the time that the petition for receivership was filed. The receiver shall collect payments for all goods and services provided to those consumers or others during the period of the receivership, at the same rate of payment as was charged by the county department of community programs or related program at the time that the petition for receivership was filed, unless a different rate is set by the court.
51.42(3)(d)6.e.
e. May let contracts and hire agents and employes to carry out the powers and duties created under this paragraph. Competitive bidding requirements under
s. 16.75 do not apply to contracts for services or materials let by the receiver.
51.42(3)(d)6.f.
f. Shall honor all leases, mortgages and secured transactions governing a building in which the county department of community programs or related program is located and all goods and fixtures in the building of which the receiver has taken possession, but only to the extent of payments which, in the case of a rental agreement, are for the use of the property during the period of the receivership or which, in the case of a purchase agreement, come due during the period of the receivership.
51.42(3)(d)6.g.
g. Shall have full power to direct and manage and to discharge employes of the county department of community programs or related program, subject to any civil service provisions to which they may be subject or to any contract rights that they may have. The receiver shall pay employes at the same rate of compensation, including benefits, that the employes would have received from the county department of community programs or related program, except that the receiver shall compensate employes for time actually worked during the period of receivership and may reimburse for vacations or periods of sick leave. Receivership does not relieve the county department of community programs or related program of any obligation to employes that is not carried out by the receiver.
51.42(3)(d)6.h.
h. Shall assume the powers and duties of the county community programs board under
sub. (5).
51.42(3)(d)7.a.a. A person who is served with notice of an order of the court appointing a receiver and of the receiver's name and address shall be liable to pay the receiver for any goods or services provided by the receiver after the date of the order if the person would have been liable for the goods or services if they had been supplied by the county department of community programs or related program. The receiver shall give a receipt for each payment and shall keep a copy of each receipt on file. The receiver shall deposit amounts received in a special account and shall use this account for all disbursements.
51.42(3)(d)7.b.
b. The receiver may bring an action to enforce the liability created under
subd. 7. a. Proof of payment to the receiver is as effective in favor of the person making the payment as payment of the amount to the person who would, but for this subdivision, have been entitled to receive the sum so paid.
51.42(3)(d)7.c.
c. A consumer of mental health, developmental disabilities, alcoholism or drug abuse services provided by the county department of community programs or related program may not be discontinued from receiving services, nor may any contract or rights be forfeited or impaired, nor may forfeiture or liability be increased, by reason of an omission to pay the county department or related program a sum paid to the receiver.
51.42(3)(d)8.
8. No person may impede the operation of a receivership established under this paragraph. After the appointment of a receiver, any action that interferes with the functioning of the county department of community programs or related program, including cancellation of an insurance policy executed on behalf of the county department or related program, repossession of equipment used in the county department or related program or termination of utility services or other services or goods that are necessary to protect the health, safety or welfare of the consumers of mental health, developmental disabilities, alcoholism or drug abuse services of the county department or related program, is automatically stayed for not more than 60 days.
51.42(3)(d)9.
9. The court shall set the compensation of the receiver, which shall be considered a necessary expense of a receivership.
51.42(3)(d)10.a.a. In any action or special proceeding brought against a receiver in the receiver's official capacity for acts committed while carrying out the powers and duties created under this paragraph, the receiver shall be considered a public employe for purposes of
s. 895.46.
51.42(3)(d)10.b.
b. A receiver may be held liable in a personal capacity only for the receiver's own gross negligence, intentional acts or breach of fiduciary duty.
51.42(3)(d)11.
11. The court may terminate a receivership only if the time period specified in the order appointing a receiver and any extended time period granted by the court have elapsed and if the receiver determines and notifies the court that the county department of community programs or related program is able to ensure continued compliance with federal statutes and regulations and state statutes and rules. If the court terminates a receivership, the court may require the county department of community programs or related program to post a bond for not less than 120 days in an amount fixed by the court as security for maintaining compliance with federal statutes and regulations and state statutes and rules. If the court, after notice to the parties in the receivership proceeding and after a hearing, finds that the standard for appointment of a receiver under
subd. 2. is met, the court may reappoint the receiver. If the court reappoints the receiver, the receiver may use the security, if any has been required under this subdivision, in addition to any funds received under
subds. 6. and
7. for purposes of the receivership.
51.42(3)(d)12.a.a. Within 30 days after termination of a receivership, the receiver shall give the court a complete accounting of all property of which the receiver has taken possession, of all funds collected under this paragraph and of the expenses of the receivership.
51.42(3)(d)12.b.
b. If the operating funds collected by the receiver under
subds. 6. and
7. exceed the reasonable expenses of the receivership, the court shall order payment of the surplus to the county department of community programs or related program. If the operating funds are insufficient to cover the reasonable expenses of the receivership, the county department of community programs or related program shall be liable for the deficiency. The county department of community programs or related program may apply to the courts to determine the reasonableness of any expenses of the receivership. The county department of community programs or related program shall not be responsible for expenses in excess of what the court finds to be reasonable.
51.42(3)(d)12.c.
c. The receiver has a lien for any deficiency under
subd. 12. b. upon any beneficial interest, direct or indirect, of the county department of community programs or related program in the building in which the county department or related program is located, the land on which the building is located, any fixtures, equipment or goods used in the operation of the county department or related program and the proceeds from the conveyance of any of the property described in this
subd. 12. c. made by the county department or related program within one year prior to the filing of the petition for receivership.
51.42(3)(d)12.d.
d. The lien provided by
subd. 12. c. is prior to any lien or other interest which originates subsequent to the filing of a petition for receivership under this paragraph, except for a construction or mechanic's lien arising out of work performed with the express consent of the receiver.
51.42(3)(d)12.e.
e. The clerk of circuit court for the county in which the facility is located shall record the filing of the petition for receivership in the judgment and lien docket kept under
s. 779.07 opposite the name of the county department of community programs or related program named in the petition.
51.42(3)(d)12.f.
f. The receiver shall, within 60 days after termination of the receivership, file a notice of any lien created under this subdivision. No action on a lien created under this subdivision may be brought more than 2 years after the date of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit court for the county in which the county department of community programs or related program is located and entered on the judgment and lien docket kept under
s. 779.07. If the lien is on personal property, the lien shall be filed with the department of financial institutions. The department of financial institutions shall place the lien on personal property in the same file as financing statements are filed under
ss. 409.401 and
409.402. The notice shall specify the name of the county department of community programs or related program against which the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed. No lien may exist under this subdivision against any person, on any property or for any amount not specified in the notice filed under this
subd. 12. f. To the extent applicable,
ch. 846 controls the foreclosure of liens under this subdivision that attach to real property.
51.42(3)(d)13.
13. Nothing in this subdivision may be considered to relieve any county department of community programs or related program of any liability incurred, or any duty imposed by law, by reason of acts or omissions of personnel of the county department or related program prior to the appointment of a receiver under this paragraph, nor may anything contained in this subdivision be construed to suspend during the receivership any obligation of the county department or related program for the payment of operating and maintenance expenses of a building owned by the county department or related program or for the payment of mortgages or liens.
51.42(3)(e)
(e)
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 a county department of community programs 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 community programs or with any person providing services to the client under a purchase of services contract with the county department of community programs, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of community programs to coordinate the delivery of services to the client.
