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 employees 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 employees 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 employees at the same rate of compensation, including benefits, that the employees would have received from the county department of community programs or related program, except that the receiver shall compensate employees 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 employees 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 employee 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. 46.2895 (9),
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, with a resource center, care management organization or family care district, or with any person providing services to the client under a purchase of services contract with the county department of community programs or with a resource center, care management organization or family care district, if necessary to enable an employee 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.
51.42(4)
(4) County community programs board. 51.42(4)(a)1.1. Except as provided under
subd. 2., the county board of supervisors of every county with a single-county department of community programs or the county boards of supervisors in counties with a multicounty department of community programs shall, before qualification under this section, appoint a governing and policy-making board to be known as the county community programs board. A county community programs board appointed under this subdivision shall govern the single-county or multicounty department of community programs and shall assume all of the powers and duties of the county department of community programs under
sub. (3) (ar) to
(bm). A member of a county community programs board appointed under this subdivision may be removed from office under the following circumstances:
51.42(4)(a)1.a.
a. For cause, by a two-thirds vote of each county board of supervisors participating in the appointment, on due notice in writing and hearing of the charges against the member.
51.42(4)(a)1.b.
b. If the member when appointed was a member of the county board of supervisors and the member is not reelected to that office, on due notice in writing.
51.42(4)(a)2.
2. In any county with a county executive or county administrator and which has established a single-county department of community programs, the county executive or county administrator shall appoint, subject to confirmation by the county board of supervisors, the county community programs board, which shall be only a policy-making body determining the broad outlines and principles governing the administration of programs under this section. A member of a county community programs board appointed under this subdivision may be removed by the county executive or county administrator under the following circumstances:
51.42(4)(a)2.b.
b. If the member when appointed was a member of the county board of supervisors and the member is not reelected to that office.
51.42(4)(b)1.1. In a single-county department of community programs the county community programs board shall be composed of not less than 9 nor more than 15 persons of recognized ability and demonstrated interest in the problems of the mentally ill, developmentally disabled, alcoholic or drug dependent persons and shall have representation from the interest group of the mentally ill, the interest group of the developmentally disabled, the interest group of the alcoholic and the interest group of the drug dependent. At least one member appointed to a county community programs board shall be an individual who receives or has received services for mental illness, developmental disability, alcoholism or drug dependency or shall be a family member of such an individual. No more than 5 members may be appointed from the county board of supervisors.
51.42(4)(b)2.
2. In a multicounty department of community programs, the county community programs board shall be composed of 11 members with 3 additional members for each county in a multicounty department of community programs in excess of 2. Appointments shall be made by the county boards of supervisors of the counties in a multicounty department of community programs in a manner acceptable to the counties in the multicounty department of community programs and shall have representation from the interest group of the mentally ill, the interest group of the developmentally disabled, the interest group of the alcoholic and the interest group of the drug dependent. At least one member appointed to a county community programs board shall be an individual who receives or has received services for mental illness, developmental disability, alcoholism or drug dependency or shall be a family member of such an individual. Each of the counties in the multicounty department of community programs may appoint to the county community programs board not more than 3 members from its county board of supervisors.
51.42(4)(d)
(d)
Term. The term of office of any member of a county community programs board shall be 3 years, but of the members first appointed, at least one-third shall be appointed for one year; at least one-third for 2 years; and the remainder for 3 years. Vacancies shall be filled for the residue of the unexpired term in the manner that original appointments are made.
51.42(5)
(5) Powers and duties of county community programs board in certain counties. 51.42(5)(a)(a) A county community programs board appointed under
sub. (4) (a) 1. shall do all of the following:
51.42(5)(a)1.
1. Establish long-range goals and intermediate-range plans, detail priorities and estimate costs.
51.42(5)(a)2.
2. Develop coordination of local services and continuity of care where indicated.
51.42(5)(a)3.
3. Utilize available community resources and develop new resources necessary to carry out the purposes of this section.
51.42(5)(a)4.
4. Appoint a county community programs director, subject to the approval of each county board of supervisors which participated in the appointment of the county community programs board, on the basis of recognized and demonstrated interest in and knowledge of the problems of mental health, developmental disability, alcoholism and drug addiction, with due regard to training, experience, executive and administrative ability, and general qualification and fitness for the performance of the duties of the county community programs director under
sub. (6). 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 may delegate this appointing authority to the county community programs board.
51.42(5)(a)5.
5. Fix the salaries of the employees of the county department of community programs, subject to the approval of each county board of supervisors which participated in the appointment of the county community programs board unless such county board of supervisors elects not to review the salaries.
51.42(5)(a)6.
6. Prepare a proposed budget for submission to the county board and a final budget for submission to the department of health and family services in accordance with
s. 46.031 (1).
51.42(5)(a)7.
7. Appoint committees consisting of residents of the county to advise the county community programs board as it deems necessary.
51.42(5)(a)8.
8. Develop county community programs board operating procedures.
51.42(5)(a)10.
10. Assist in arranging cooperative working agreements with persons providing health, education, vocational or welfare services related to services provided under this section.
51.42(5)(a)12.
12. Determine, subject to the approval of 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 and with the advice of the county community programs director appointed under
subd. 4., whether services are to be provided directly by the county department of community programs or contracted for with other providers and make such contracts. 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 may elect to require the approval of any such contract by 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.
51.42(5)(b)
(b) Subject to the approval of 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 and with the advice of the county community programs director appointed under
par. (a) 4., a county community programs board appointed under
sub. (4) (a) 1. may, together with a private or public organization or affiliation, do all of the following:
51.42(5)(b)1.
1. Organize, establish and participate in the governance and operation of an entity to operate, wholly or in part, any mental health-related service.
51.42(5)(b)3.
3. Provide administrative and financial services or resources for operation of the entity under
subd. 1. on terms prescribed by the county board of supervisors.
51.42(5a)
(5a) Powers and duties of county community programs board in certain counties with a county executive or county administrator. 51.42(5a)(a)(a) A county community programs board appointed under
sub. (4) (a) 2. shall do all of the following:
51.42(5a)(a)1.
1. Appoint committees consisting of residents of the county to advise the county community programs board as it deems necessary.
51.42(5a)(a)2.
2. Recommend program priorities, identify unmet service needs and prepare short-term and long-term plans and budgets for meeting such priorities and needs.
51.42(5a)(a)3.
3. Prepare, with the assistance of the county community programs director appointed under
sub. (6m), a proposed budget for submission to the county executive or county administrator and a final budget for submission to the department of health and family services in accordance with
s. 46.031 (1) for authorized services.
51.42(5a)(a)4.
4. Advise the county community programs director appointed under
sub. (6m) regarding purchasing and providing services and the selection of purchase of service vendors, and make recommendations to the county executive or county administrator regarding modifications in such purchasing, providing and selection.
51.42(5a)(a)5.
5. Develop county community programs board operating procedures.
51.42(5a)(a)7.
7. Assist in arranging cooperative working agreements with persons providing health, education, vocational or welfare services related to services provided under this section.
51.42(5a)(a)8.
8. Advise the county community programs director regarding coordination of local services and continuity of care.
51.42(5a)(b)
(b) The county community programs director, subject only to the supervision of the county executive or county administrator, may do all of the following:
51.42(5a)(b)1.
1. Organize, establish and participate in the governance and operation of an entity to operate, wholly or in part, any mental health-related service.
51.42(5a)(b)3.
3. Provide administrative and financial services or resources for operation of the entity under
subd. 1. on terms prescribed by the county executive or county administrator.
51.42(6)
(6) Powers and duties of county community programs director in certain counties. A county community programs director appointed under
sub. (5) (a) 4. shall have all of the administrative and executive powers and duties of managing, operating, maintaining and improving the programs of the county department of community programs, subject to such delegation of authority as is not inconsistent with this section and the rules of the department of health and family services promulgated under this section. In consultation and agreement with the county community programs board, the county community programs director appointed under sub.
(5) (d) shall do all of the following:
51.42(6)(a)
(a) Prepare an annual comprehensive plan and budget of all funds necessary for the program and services authorized by this section in which priorities and objectives for the year are established as well as any modifications of long-range objectives.
51.42(6)(c)
(c) Prepare an annual report of the operation of the program.
51.42(6)(d)
(d) Prepare other reports as are required by the secretary and 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.
51.42(6)(e)
(e) Make recommendations to the county community programs board under
sub. (5) for all of the following:
