51.437(10m)(n)
(n) In consultation with the county developmental disabilities services board, prepare:
51.437(10m)(n)3.
3. Such other reports as are required by the department of health and family services and the county board of supervisors.
51.437(10m)(o)1.1. Annually identify brain-injured persons in need of services within the county.
51.437(10m)(o)2.
2. Annually, no later than January 30, 1987, and January 30 of each year thereafter, report to the department the age and location of those brain-injured persons who are receiving treatment.
51.437(14)
(14) Duties of the department of health and family services. The department of health and family services shall:
51.437(14)(a)
(a) Review requests and certify county departments of developmental disabilities services to assure that the county departments of developmental disabilities services are in compliance with this section.
51.437(14)(c)
(c) Periodically review and evaluate the program of each county department of developmental disabilities services.
51.437(14)(d)
(d) Provide consultative staff services to communities to assist in ascertaining local needs and in planning, establishing and operating programs.
51.437(14)(g)
(g) Ensure that any county department of developmental disabilities services which elects to provide special education programs to children aged 3 years and under complies with requirements established by the department of public instruction.
51.437(14)(h)
(h) Organize and foster education and training programs for all persons engaged in treatment of brain-injured persons and keep a central record of the age and location of those persons treated.
51.437(14m)
(14m) Duties of the secretary. The secretary shall:
51.437(14m)(a)
(a) Maintain a listing of present or potential resources for serving the needs of the developmentally disabled, including private and public persons, associations and agencies.
51.437(14m)(b)
(b) Collect factual information concerning the problems.
51.437(14m)(c)
(c) Provide information, advice and assistance to communities and try to coordinate their activities on behalf of the developmentally disabled.
51.437(14m)(d)
(d) Assist counties in obtaining professional services on a shared-time basis.
51.437(14m)(e)
(e) Establish and maintain liaison with all state and local agencies to establish a continuum of services, consultative and informational.
51.437(14p)(a)(a)
Requirement. By December 1, 1991, and every 5 years thereafter, the department shall submit a state developmental disabilities services plan for the next 5 years. The plan shall be updated biennially. The plan and plan updates shall be submitted to the governor, the standing committees with jurisdiction over developmental disabilities issues in each house of the legislature and the joint committee on finance.
51.437(14p)(b)
(b)
Plan objectives. The plan under this subsection shall be developed and implemented so as to achieve all of the following objectives:
51.437(14p)(b)1.
1. To preserve, protect and affirm the legal and human rights, dignity, privacy and freedom of choice of individuals with developmental disabilities.
51.437(14p)(b)2.
2. To promote access to a comprehensive array of support and treatment services appropriate to meet the needs of and to enhance the abilities of individuals with developmental disabilities and their families, regardless of the nature or severity of the individual's developmental disability.
51.437(14p)(b)3.
3. To encourage and promote the development of innovative and cost-effective services which are responsive to the needs of individuals with all types of developmental disabilities, including multiple developmental disabilities, and which use methods of care and treatment which are as flexible, nonintrusive and supportive of individual dignity and choice as possible.
51.437(14p)(b)4.
4. To promote the independence, productivity and social and physical integration into their communities of individuals with developmental disabilities, including providing opportunities to sustain family relationships and friendships with other community members and opportunities for meaningful employment.
51.437(14p)(b)5.
5. To integrate and coordinate assistance provided to individuals with developmental disabilities under state and federal laws and regulations so as to create a more responsive and efficient system of care.
51.437(14p)(b)6.
6. To minimize the number of developmentally disabled individuals living in institutions by maximizing the development of alternative, noninstitutional community programs.
51.437(14p)(c)
(c)
Plan content. The plan required under this subsection shall include:
51.437(14p)(c)1.
1. A statement of methods used to ensure intergovernmental coordination of state and local planning in the delivery of services.
51.437(14p)(c)2.
2. A statement setting forth the relationship of the state plan to any other pertinent federal, state or locally financed services programs.
51.437(14p)(c)3.
3. A description of existing publicly funded services for individuals with developmental disabilities within the state, and within each county of the state, including the numbers and types of individuals receiving services, the amount and sources of funding of services, the county departments responsible for administration of services and the effectiveness of services in helping developmentally disabled individuals live more independent, productive and normal lives.
51.437(14p)(c)4.
4. A listing of recommended priorities for program and facility development or expansion to meet current and future needs. Such recommendations shall include statements of justification of need, specific objectives or programs to be developed, amount and sources of funding needed and the timing of and agencies responsible for implementation.
51.437(14p)(c)5.
5. A listing of recommended priorities for program termination, modification or reduction, or reduction in or discontinuance of the use of facilities. The recommendations shall include statements of justification for lack of need or evidence of program ineffectiveness, evidence of discrimination against individuals with developmental disabilities or evidence of unnecessarily high costs in relation to program results. Recommendations for program termination, modification or reduction shall also include a statement of the amount and source of funds to be saved or reallocated to other programs and the timing of and agencies responsible for implementing the termination, modification or reduction.
51.437(14p)(c)6.
6. A description of the procedures that shall be used for evaluating all programs identified in the state plan, the costs and sources of funds for the evaluation and the agencies responsible for evaluation.
51.437(14p)(c)7.
7. A description of the administrative responsibility of state agencies involved in implementing all aspects of the state plan and a description of the amount and sources of funds required for the administration.
51.437(14p)(c)8.
8. A description of the amount of federal funds that shall be allocated to state and local agencies responsible for the provision of services.
51.437(14p)(d)
(d)
Participation of council. The department, in formulating the plan under this subsection, shall consider the comments and recommendations of the Wisconsin council on developmental disabilities.
51.437(14p)(e)
(e)
Provision of information. Upon request by the department for completion of the plan under this subsection, county departments shall provide information to the department.
51.437(14p)(f)1.1. Copies of the proposed state plan, and proposed biennial updates to the plan, shall be made reasonably available to the public in order to allow sufficient time for public review and comments.
51.437(14p)(f)2.
2. Copies of the final state plan and biennial updates to the plan shall be submitted to the governor, the standing committees with jurisdiction over developmental disabilities issues in each house of the legislature and the joint committee on finance and shall be made available to the public.
51.437(14r)
(14r) Duties of the council on developmental disabilities. 51.437(14r)(a)1.
1. Designate appropriate state or local agencies for the administration of programs and fiscal resources made available to the council on developmental disabilities under federal legislation affecting the delivery of services to the developmentally disabled.
51.437(14r)(a)2.
2. Perform the following responsibilities related to the state plan for the delivery of services, including the construction of facilities:
51.437(14r)(a)3.
3. Review and advise the department of health and family services on community budgets and community plans for programs affecting persons with developmental disabilities.
51.437(14r)(a)4.
4. Participate in the development of, review, comment on, and monitor all state plans in the state which relate to programs affecting persons with developmental disabilities.
51.437(14r)(a)5.
5. Serve as an advocate for persons with developmental disabilities.
51.437(14r)(a)6.
6. Provide continuing counsel to the governor and the legislature.
51.437(14r)(b)
(b) The council may establish such reasonable procedures as are essential to the conduct of the affairs of the council.
51.437(15)(a)(a) Nothing in this section shall be construed to mean that developmentally disabled persons are not eligible for services available from all sources.
51.437(15)(b)
(b) Nothing in this section may be deemed to require a county department of developmental disabilities services to provide education, recreation, counseling, information or referral services to any individual with a developmental disability or to his or her family.
51.437(15)(c)1.1. Any reference in any law to a county department of developmental disabilities services applies to the county department under
s. 46.23 in its administration of the powers and duties of the county department of developmental disabilities services under
s. 46.23 (3) (b), if the powers and duties of a county department of developmental disabilities services are transferred under
s. 46.23 (3) (b) 1. Any reference in any law to a county department of developmental disabilities services applies to a county department under
s. 46.21 (2m) in its administration of the powers and duties of the county department of developmental disabilities services under
s. 46.21 (2m) (b) 1. a.
51.437(15)(c)2.a.a. Any reference in any law to a county developmental disabilities services director appointed under
sub. (9) (a) applies to the director of a county department appointed under
s. 46.23 (5) (f) in his or her administration of the powers and duties of that county developmental disabilities services director, if the powers and duties of a county department of developmental disabilities services are transferred under
s. 46.23 (3) (b) 1.
51.437(15)(c)2.b.
b. Any reference in any law to a county developmental disabilities services director appointed under
sub. (10m) (intro.) applies to the director of a county department appointed under
s. 46.23 (6m) (intro.), if the powers and duties of a county department of developmental disabilities services are transferred under
s. 46.23 (3) (b) 1. Any reference in any law to a county developmental disabilities services director appointed under
sub. (10m) (intro.) applies to the director of a county department appointed under
s. 46.21 (1m) (a) in his or her administration of the powers and duties of that county developmental disabilities services director.
51.437(15)(c)3.a.a. Any reference in any law to a county developmental disabilities services board appointed under
sub. (7) (a) 1. applies to the board of a county department appointed under
s. 46.23 (4) (b) 1. in its administration of the powers and duties of that county developmental disabilities services board, if the powers and duties of a county department of developmental disabilities services are transferred under
s. 46.23 (3) (b) 1.
51.437(15)(c)3.b.
b. Except as provided in
subd. 3. c., any reference in any law to a county developmental disabilities services board appointed under
sub. (7) (a) 2. applies to the board of a county department appointed under
s. 46.23 (4) (b) 2. in its administration of the powers and duties of that county developmental disabilities services board, if the powers and duties of a county department of developmental disabilities services are transferred under
s. 46.23 (3) (b) 1.
51.437(15)(c)3.c.
c. Any reference in any law to a county developmental disabilities services board appointed under
sub. (7) (a) 2. is limited, with respect to the county department of human services under
s. 46.21 (2m), to the powers and duties of the county developmental services board as specified in
sub. (9b).
51.437(16)
(16) Administrative structure. Rules promulgated by the secretary under
s. 51.42 (7) (b) shall apply to services provided through county departments of developmental disabilities services under this section.
51.437 History
History: 1971 c. 307,
322;
1973 c. 90,
333;
1975 c. 39,
199,
430;
1977 c. 26 ss.
39,
75;
1977 c. 29;
1977 c. 354 s.
101;
1977 c. 418;
1977 c. 428 s.
85,
86,
115;
1979 c. 32,
117,
221,
330,
355;
1981 c. 20,
93,
329;
1983 a. 27,
365,
375,
524;
1985 a. 29 ss.
1094 to
1105m,
3200 (56) (a);
1985 a. 120,
176,
307,
332;
1987 a. 27;
1989 a. 31,
56,
107,
262;
1991 a. 39,
274,
315;
1993 a. 16,
83;
1995 a. 27 ss.
3266m,
9116 (5),
9126 (19),
9145 (1);
1995 a. 64,
77,
92,
201,
225,
352,
417;
1997 a. 27,
35,
164,
252.
51.437 Annotation
The corporation counsel should provide legal advice and representation to 51.42 and 51.437 boards as well as to the county board. 63 Atty. Gen. 468.
51.437 Annotation
Liability, reimbursement and collection for services provided under ss. 51.42 and 51.437 programs discussed. 63 Atty. Gen. 560, 65 Atty. Gen. 49.
51.437 Annotation
The county board of supervisors may require its approval of contracts for purchase of services by a community services board if it so specified in its coordinated plan and budget. Otherwise it may not. 69 Atty. Gen. 128.
51.437 Annotation
Menominee Tribe members are eligible to participate in voluntary programs but the state cannot accept tribe members into involuntary programs on the basis of tribal court orders alone. 70 Atty. Gen. 219.
51.437 Annotation
Multicounty 51.42/51.437 board may retain private legal counsel only where corporation counsel of each county, or district attorney of each county not having a corporation counsel, notifies board that he or she is unable to provide specific services in a timely manner.
73 Atty. Gen. 8.
51.44
51.44
Early intervention services. 51.44(1)(ag)
(ag) "Case management services" means activities carried out by a service coordinator to assist and enable a child eligible for early intervention services under this section and the child's family to receive the rights and services authorized to be provided under the early intervention program under this section.
51.44(1)(ar)
(ar) "Individualized family service plan" means a written plan for providing early intervention services to an eligible child and the child's family.
51.44(1)(c)
(c) "Multidisciplinary evaluation" means the process used by qualified professionals to determine eligibility for early intervention services under this section based on the child's developmental status, the child's health, physical condition and mental condition or the child's atypical development.
51.44(1m)
(1m) The department is the lead agency in this state for the development and implementation of a statewide system of coordinated, comprehensive multidisciplinary programs to provide appropriate early intervention services under the requirements of
20 USC 1476.
51.44(3)(a)(a) From the appropriations under
s. 20.435 (7) (bt) and
(nL) the department shall allocate and distribute funds to counties to provide or contract for the provision of early intervention services to individuals eligible to receive the early intervention services.
51.44(3)(b)
(b) Funds that are distributed to counties under
par. (a) may not be used to supplant funding from any other source.
51.44(4)
(4) Each county board of supervisors shall designate the appropriate county department under
s. 46.21,
46.23 or
51.437, the local health department of the county or another entity as the local lead agency to provide early intervention services under the funding specified in
sub. (3).
51.44(5)
(5) The department shall do all of the following:
51.44(5)(a)
(a) Promulgate rules for the statewide implementation of the program under this section that do all of the following:
51.44(5)(a)1.
1. Specify the population of children who would be eligible for services under the program.
