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; 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(2a)
(2a) Gifts. The department may 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. All moneys so received shall be paid into the general fund and are appropriated therefrom as provided in
s. 20.435 (9) (i).
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 family court commissioner under
s. 767.475 (7).
46.03(4)(a)(a) Develop and maintain such programs of education and prevention as it deems proper.
46.03(4)(b)1.1. The department, in order to discharge more effectively its responsibilities under this chapter and
ch. 48 and other relevant provisions of the statutes, is 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; it may enter into agreements with local government subdivisions, departments and agencies for the joint conduct of such projects; and it may purchase services when deemed appropriate.
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)(a)(a) Promote the enforcement of laws for the protection of developmentally disabled children, children and unborn children in need of protection or services and nonmarital children; and to this end cooperate with courts assigned to exercise jurisdiction under
chs. 48 and
938, licensed child welfare agencies and public and private institutions and take the initiative in all matters involving the interests of those children and unborn children when adequate provision for those interests has not already been made, including the establishment and enforcement of standards for services provided under
ss. 48.345 and
48.347.
46.03(7)(bm)
(bm) Maintain a file containing records of artificial inseminations under
s. 891.40 and records of declarations of paternal interest under
s. 48.025 and of statements acknowledging paternity under
s. 69.15 (3) (b). The department shall release these records only upon an order of the court except that the department may use nonidentifying information concerning artificial inseminations for the purpose of compiling statistics and except that records relating to declarations of paternal interest and statements acknowledging paternity shall be released to the department of workforce development or a county child support agency under
s. 59.53 (5) without a court order upon the request of the department of workforce development or a county child support agency under
s. 59.53 (5) pursuant to the program responsibilities under
s. 49.22 or by any other person with a direct and tangible interest in the record.
46.03(7)(c)
(c) Administer the laws relating to child care centers, day nurseries and nursery schools.
46.03(7)(cm)
(cm) Promote the establishment of adequate child care facilities and services in this state by providing start-up grants to newly operating day care facilities and services under rules promulgated by the department.
46.03(7)(d)
(d) With the assistance of the judicial conference, develop simplified forms for filing petitions for child abuse restraining orders and injunctions under
s. 813.122. The department shall provide these forms to clerks of circuit court without cost.
46.03(7)(e)
(e) Administer child welfare services as described in
s. 48.48 (17) in a county having a population of 500,000 or more. The requirement of statewide uniformity with respect to the organization and governance of human services does not apply to the administration of child welfare services under this paragraph.
46.03(7)(f)
(f) As part of its biennial budget request under
s. 16.42, submit a request for funding for child abuse prevention efforts in an amount equal to or greater than 1% of the total proposed budget of the department of corrections for the same biennium, as indicated by the estimate provided by the department of corrections under
s. 301.03 (14).
46.03(7m)
(7m) Foster care. In each federal fiscal year, ensure that there are no more than 2,200 children in foster care and treatment foster care placements for more than 24 months, consistent with the best interests of each child. Services provided in connection with this requirement shall comply with the requirements under
P.L. 96-272.
46.03(10)
(10) Training staff. In its discretion, conduct a training program of in-service training and staff development; and, in cooperation with educational institutions, provide facilities for work experience for students, including subsistence.
46.03(13)
(13) Charges. In compliance with the compensation plan established under
s. 230.12 (3), have authority to make and determine charges for meals, living quarters, laundry and other services furnished to employes of the several institutions and members of the employe's family maintained as such. All moneys received from each person on account of these services shall be used for operation of the institutions under
s. 20.435 (2) (a) and
(gk). If a chaplain employed in any state institution administered by the department is not furnished a residence by the state, $1,800 or 20% of the chaplain's salary, whichever is greater, is designated as his or her housing allowance.
46.03(14)
(14) Vending stands. Establish and maintain a revolving fund not exceeding $60,000 in any of the state institutions administered by the department, for the education, recreation and convenience of the patients, inmates and employes, to be used for the operation of vending stands, canteen operations, reading clubs, musical organizations, religious programs, athletics and similar projects. The funds are exempt from
s. 20.906, but are subject to audit by the department and the legislative audit bureau in its discretion.
46.03(15)
(15) Commissary. Pursuant to its rules the department may, with the approval of the governor and the director of personnel, provide employes in its institutions with laundry, food, housing and necessary furnishings.
46.03(17)
(17) Purchase of care and services. Be empowered to contract with public or voluntary agencies or others:
46.03(17)(a)
(a) To purchase in full or in part care and services which it is authorized by any statute to provide as an alternative to providing such care and services itself.
46.03(17)(b)
(b) To purchase or provide in full or in part the care and services which county agencies may provide or purchase under any statute and to sell to county agencies such portions thereof as the county agency may desire to purchase.
46.03(17)(d)
(d) To sell services, under contract, which the department is authorized to provide by statute, to any federally recognized tribal governing body.
46.03(18)
(18) Uniform fee schedule, liability and collections. 46.03(18)(a)(a) Except as provided in
s. 46.10 (14) (b) and
(c), the department of health and family services shall establish a uniform system of fees for services provided or purchased by the department of health and family services, or a county department under
s. 46.215,
46.22,
51.42 or
51.437, except for services provided under
subch. III of ch. 49; services relating to adoption; services provided to courts; outreach, information and referral services; or where, as determined by the department of health and family services, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under
s. 46.215,
46.22,
51.42 or
51.437 shall apply the fees which it collects under this program to cover the cost of such services. The department of health and family services shall report to the joint committee on finance no later than March 1 of each year on the number of children placed for adoption by the department of health and family services during the previous year and the costs to the state for services relating to such adoptions.
46.03(18)(am)
(am) Paragraph (a) does not prevent the department from charging and collecting the cost of adoptive placement investigations and child care as authorized under
s. 48.837 (7).
46.03(18)(b)
(b) Except as provided in
s. 46.10 (14) (b) and
(c), any person receiving services provided or purchased under
par. (a) or the spouse of the person and, in the case of a minor, the parents of the person, and, in the case of a foreign child described in
s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, shall be liable for the services in the amount of the fee established under
par. (a). If a minor receives services without consent of a parent or guardian under
s. 51.47, the department shall base the fee solely on the minor's ability to pay.
46.03(18)(c)
(c) The department shall make collections from the person who in the opinion of the department is best able to pay, giving due regard to the present needs of the person or of his or her lawful dependents. The department may bring action in the name of the department to enforce the liability established under
par. (b). The department may not collect from the parent of a minor receiving treatment for alcohol or drug abuse, except as provided in
s. 51.47. This paragraph does not apply to the recovery of fees for the care and services specified under
s. 46.10.
46.03(18)(d)
(d) The department may compromise or waive all or part of the liability for services received. The sworn statement of the collection and deportation counsel appointed under
s. 46.10 (7) or the department secretary, shall be evidence of the services provided and the fees charged for such services.
46.03(18)(e)
(e) The department may delegate to county departments under
s. 46.215,
46.22,
51.42 or
51.437 and other providers of care and services the powers and duties vested in the department by
pars. (c) and
(d) as it deems necessary to efficiently administer this subsection, subject to such conditions as the department deems appropriate.
46.03(18)(f)
(f) Notwithstanding
par. (a), any person who submits to an assessment or driver safety plan under
s. 23.33 (13) (e),
30.80 (6) (d),
343.16 (5) (a),
343.30 (1q),
343.305 (10) or
350.11 (3) (d) shall pay a reasonable fee therefor to the appropriate county department under
s. 51.42 or traffic safety school under
s. 345.60. A county may allow the person to pay the assessment fee in 1, 2, 3 or 4 equal instalments. The fee for the driver safety plan may be reduced or waived if the person is unable to pay the complete fee, but no fee for assessment or attendance at a traffic safety school under
s. 345.60 may be reduced or waived. Nonpayment of the assessment fee is noncompliance with the court order that required completion of an assessment and driver safety plan. Upon a finding that the person has the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the court order that required completion of an assessment and driver safety plan.
46.03(18)(fm)
(fm) Notwithstanding
par. (a), any person who submits to an assessment under
s. 961.472 shall pay a fee to the appropriate county department under
s. 51.42. The department of health and family services shall set fees for each county department under
s. 51.42 designed to offset all the costs to the county in providing the assessment program. The department of health and family services shall provide for the reduction or waiver of the fee for persons who are unable to pay the complete fee.
46.03(18)(g)
(g) The department shall return to county departments under
s. 46.215,
46.22,
51.42 or
51.437 50% of collections made by the department on and after January 1, 1978, for delinquent accounts previously delegated under
par. (e) and then referred back to the department for collections.
46.03(19)
(19) Protective services. Administer the statewide program of protective services under
ch. 55.
46.03(20)(a)(a) Except for payments provided under
subch. III of ch. 49, the department may make payments directly to recipients of public assistance or to such persons authorized to receive such payments in accordance with law and rules of the department on behalf of the counties. Except for payments provided under
subch. III of ch. 49, the department may charge the counties for the cost of operating public assistance systems which make such payments.
46.03(20)(b)
(b) The department may make social service payments directly to recipients, vendors or providers in accordance with law and rules of the department on behalf of the counties which have contracts to have such payments made on their behalf.
46.03(20)(c)
(c) The county department under
s. 46.215,
46.22 or
46.23 shall provide the department with information which the department shall use to determine each person's eligibility and amount of payment. The county department under
s. 46.215,
46.22 or
46.23 shall provide the department all necessary information in the manner prescribed by the department.
46.03(20)(d)
(d) The department shall disburse from state or federal funds or both the entire amount and charge the county for its share under
s. 46.495.
46.03(22)
(22) Community living arrangements. 46.03(22)(a)(a) "Community living arrangement" means any of the following facilities licensed or operated, or permitted under the authority of the department: child welfare agencies under
s. 48.60, group homes for children under
s. 48.02 (7) and community-based residential facilities under
s. 50.01; but does not include adult family homes, as defined in
s. 50.01, day care centers, nursing homes, general hospitals, special hospitals, prisons and jails. "Community living arrangement" also includes a youth village program as described in
s. 118.42.
46.03(22)(b)
(b) Community living arrangements shall be subject to the same building and housing ordinances, codes and regulations of the municipality or county as similar residences located in the area in which the facility is located.
46.03(22)(c)
(c) The department shall designate a subunit to keep records and supply information on community living arrangements under
ss. 59.69 (15) (f),
60.63 (7) and
62.23 (7) (i) 6. The subunit shall be responsible for receiving all complaints regarding community living arrangements and for coordinating all necessary investigatory and disciplinary actions under the laws of this state and under the rules of the department relating to the licensing of community living arrangements.
46.03(22)(d)
(d) A community living arrangement with a capacity for 8 or fewer persons shall be a permissible use for purposes of any deed covenant which limits use of property to single-family or 2-family residences. A community living arrangement with a capacity for 15 or fewer persons shall be a permissible use for purposes of any deed covenant which limits use of property to more than 2-family residences. Covenants in deeds which expressly prohibit use of property for community living arrangements are void as against public policy.
46.03(22)(e)
(e) If a community living arrangement is required to obtain special zoning permission, as defined in
s. 59.69 (15) (g), the department shall, at the request of the unit of government responsible for granting the special zoning permission, inspect the proposed facility and review the program proposed for the facility. After such inspection and review, the department shall transmit to the unit of government responsible for granting the special zoning permission a statement that the proposed facility and its proposed program have been examined and are either approved or disapproved by the department.
46.03(25)
(25) Uniform regulation and licensing. The department shall promulgate rules to establish licensing and program compliance standards for care and residential facilities, hospitals, hotels, restaurants and the vending of food and beverages after due consideration of the relationship of a licensing code to other related licensing codes, the need for uniform administration, the need to maximize the use of federal funds and the need to encourage the development and operation of needed facilities statewide. In establishing licensing standards designed to ensure that the facility qualifies for federal financial participation, the department shall establish federal regulations as the base requirement. The department may promulgate such additional health and safety standards as it determines to be in the public interest.
46.03(26)
(26) Data processing projects. Submit a report each December 31 to the joint committee on finance and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (3), regarding the data processing projects under development. The report shall include:
46.03(26)(b)
(b) Estimates of development and operating costs; and
46.03(26)(c)
(c) Proposed methods of determining charges for service where applicable.
46.03(29)
(29) Media photo. The department may use in the media a picture or description of a child in the guardianship of the department for the purpose of finding adoptive parents for that child.
46.03(30)
(30) Primary psychiatric care contracts. 46.03(30)(a)(a) To provide for an orderly reduction of state institutional primary psychiatric services the department may approve the institutes entering into contracts with county departments under
s. 51.42 for providing primary psychiatric care. If excess capacity exists at state operated mental health institutes, the department shall explore whether such excess facilities may be sold or leased to a county department under
s. 51.42.
46.03(30)(b)
(b) No contract may be approved for a period of time greater than one year, and no contract shall be approved except under
par. (c).
46.03(30)(c)
(c) The counties where the mental health institutes are located may contract with the institutes for primary psychiatric care on an ongoing basis, which contracts shall be approved by the department and shall be renewed annually.
46.03(33)
(33) Relief; American Indians. The department may negotiate and enter into an agreement with any appropriate agency of the federal government for provision of relief to needy American Indians.
46.03(34)
(34) Fetal alcohol syndrome and drug danger pamphlets. The department shall acquire, without cost if possible, pamphlets that describe the causes and effects of fetal alcohol syndrome and the dangers to a fetus of the mother's use of cocaine or other drugs during pregnancy and shall distribute the pamphlets free of charge to each county clerk in sufficient quantities so that each county clerk may provide pamphlets to marriage license applicants under
s. 765.12 (1).
46.03(37)
(37) First aid instruction. In connection with first aid and cardiopulmonary resuscitation instruction to fitness center employes required under
s. 100.178, do all of the following:
46.03(37)(b)
(b) Approve individuals, organizations or institutions of higher education which teach fitness center employes basic first aid and basic cardiopulmonary resuscitation under
s. 100.178 (2).
46.03(39)
(39) Adolescent programming recommendations. Identify and provide ways to improve coordination of adolescent and parent educational programs and services at the state and local levels by doing all of the following:
46.03(39)(a)
(a) Identifying and recommending ways to eliminate governmental barriers to local development of coordinated educational programs and services for adolescents and parents of adolescents.
46.03(39)(b)
(b) Identifying and recommending ways to support and involve parents of adolescents in the planning, coordination and delivery of services for adolescents.
46.03(40)
(40) Grants for pilot programs or demonstration projects. Comply with all of the following whenever the department provides a grant after August 15, 1991, for a pilot program or demonstration project:
46.03(40)(a)
(a) State on the grant application that the funding for the program or project will be provided by the department once or for a limited period of time, whichever is applicable.
46.03(40)(b)
(b) Require the applicant to provide, as part of the grant application, a plan that describes:
46.03(40)(b)1.
1. How activities funded by the grant will be phased out or how the program or project will be eliminated; or
46.03(40)(b)2.
2. What other funding sources will be available to support the program or project when state funding is eliminated.
46.03(41)
(41) Consolidation of allocated tribal funds. The department may consolidate funds appropriated under
s. 20.435 that are authorized or required to be allocated to federally recognized American Indian tribes or bands into a single distribution for each tribe or band in each fiscal year.
46.03(42)
(42) Administrative hearings and appeals. Any hearing under
s. 227.42 granted by the department may be conducted before the division of hearings and appeals in the department of administration.
46.03(43)
(43) Compulsive gambling awareness campaigns. Provide grants to one or more individuals or organizations in the private sector to conduct compulsive gambling awareness campaigns.
46.03 History
History: 1971 c. 270 s.
104;
1973 c. 90;
1973 c. 284 ss.
2,
32;
1973 c. 333;
1975 c. 39,
82;
1975 c. 189 s.
99 (1), (2);
1975 c. 224,
377,
413,
422;
1977 c. 29,
193;
1977 c. 196 s.
131;
1977 c. 203,
205,
271,
354;
1977 c. 418 ss.
287 to
289m,
924 (18) (d);
1977 c. 447,
449;
1979 c. 32 s.
92 (1);
1979 c. 34;
1979 c. 175 s.
46;
1979 c. 221,
331,
352;
1981 c. 20,
81;
1981 c. 314 s.
144;
1981 c. 390;
1983 a. 27,
193;
1983 a. 435 s.
7;
1983 a. 447,
474;
1983 a. 532 s.
36;
1985 a. 19,
29,
120,
176,
234,
285,
328,
331;
1985 a. 332 s.
251 (3);
1987 a. 3,
5,
27,
161,
186,
307,
339,
385,
399,
403,
413;
1989 a. 31 ss.
938m to
951,
2909g,
2909i;
1989 a. 56,
105,
107,
122;
1991 a. 39,
277;
1993 a. 16 ss.
851 to
859,
3072d;
1993 a. 98,
377,
385,
446,
481;
1995 a. 27 ss.
2026m to
2038b,
9126 (19);
1995 a. 77,
201,
225,
352,
370,
404,
448;
1997 a. 3,
27,
111,
283,
292.
46.03 Annotation
The legislative intent underlying sub. (22) (d) supports a holding that a community living arrangement with a capacity of 10 persons was not barred by a deed covenant limiting use to a single-family residence. Crowley v. Knapp, 94 W (2d) 421, 288 NW (2d) 815 (1980).
46.03 Annotation
Sections 46.03 (18) and 46.10 do not constitute an unlawful delegation of legislative power. In Matter of Guardianship of Klisurich, 98 W (2d) 274, 296 NW (2d) 742 (1980).
46.03 Annotation
Retroactive application of sub. (22) is constitutional. Overlook Farms v. Alternative Living, 143 W (2d) 485, 422 NW (2d) 131 (Ct. App. 1988).
46.03 Annotation
Sub. (18) and s. 46.10 (3) permit the department to promulgate rules which consider non-liable family member's incomes in determining liable family member's ability to pay. In Interest of A.L.W. 153 W (2d) 412, 451 NW (2d) 416 (1990).
46.03 Annotation
Par. (18) (b) imposes liability upon minors and parents for the costs of services, but does not give counties an automatic right of recovery; s. 46.10 governs enforcement procedure and allows court to exercise discretion. In Matter of S.E. Trust, 159 W (2d) 709, 465 NW (2d) 231 (Ct. App. 1990).
46.03 Annotation
The uniform fee system under sub. (18) and s. 46.10 allows imputing income and, consequently, looking beyond tax returns to determine ability to pay. Interest of Kevin C. 181 W (2d) 146, 510 NW (2d) 746 (Ct. App. 1993).
46.03 Annotation
"Prisons and jails" as used in sub. (22) (a) defined. 69 Atty. Gen. 52.
46.031
46.031
County social service and mental hygiene budget and contract. 46.031(1)(a)(a) Each county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 shall submit to the department by December 31 annually its final budget for services directly provided or purchased.
