46.2895(9)
(9) Confidentiality of records. No record, as defined in
s. 19.32 (2), of a family care district that contains personally identifiable information, as defined in
s. 19.62 (5), concerning an individual who receives services from the family care district may be disclosed by the family care district without the individual's informed consent, except as required to comply with
s. 16.009 (2) (p) or
49.45 (4).
46.2895(10)
(10) Exchange of information. Notwithstanding
sub. (9) and
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), a family care district acting under this section may exchange confidential information about a client, as defined in
s. 46.287 (1), without the informed consent of the client, under
s. 46.21 (2m) (c),
46.215 (1m),
46.22 (1) (dm),
46.23 (3) (e),
46.283 (7),
46.284 (7),
51.42 (3) (e) or
51.437 (4r) (b) in the jurisdiction of the family care district, if necessary to enable the family care district to perform its duties or to coordinate the delivery of services to the client.
46.2895(11)
(11) Obligations and debts not those of county. The obligations and debts of the family care district are not the obligations or debts of the county that created the family care district.
46.2895(12)
(12) Assistance to family care district. From moneys in the county treasury that are not appropriated to some other purpose, the county board of supervisors under
sub. (1) (a) or the county boards of supervisors under
sub. (1) (b) may appropriate moneys to the family care district as a gift or may lend moneys to the family care district.
46.2895(13)
(13) Dissolution. Subject to the performance of the contractual obligations of a family care district and if first approved by the secretary of the department, the family care district may be dissolved by the joint action of the family care district board and county board of supervisors under
sub. (1) (a) or the county boards of supervisors under
sub. (1) (b) that created the family care district. If the family care district is dissolved, the property of the district shall be transferred to the county board of supervisors that created the family care district except as follows:
46.2895(13)(a)
(a) If the family care district was created under
sub. (1) (b), the county boards of supervisors shall agree on the apportioning of the family care district's property before the district may be dissolved.
46.2895(13)(b)
(b) If the family care district operates a care management organization under
s. 46.284, disposition of any remaining funds in the risk reserve under
s. 46.284 (5) (e) shall be made under the terms of the district's contract with the department.
46.2895 History
History: 1999 a. 9,
185;
2001 a. 30.
46.29
46.29
Council on physical disabilities. 46.29(1)
(1) From the appropriation under
s. 20.435 (6) (a), the department shall allocate up to $10,000 in each fiscal year for operation of the council on physical disabilities. The council on physical disabilities shall do all of the following:
46.29(1)(a)
(a) Develop, approve and continue modification of a state plan, for services to physically disabled persons, that encompasses services from the entities specified under
sub. (3).
46.29(1)(b)
(b) Request reports or other information from the entities specified under
sub. (3) concerning programs, funding, clients or services as they relate to physically disabled persons.
46.29(1)(c)
(c) Advise the secretary of the department and make recommendations, including recommendations for legislation, to the entities specified under
sub. (3) concerning funding, programs, policies and operations of those entities and other matters with respect to physically disabled persons.
46.29(1)(d)
(d) Encourage public understanding of the needs of and issues concerning physically disabled persons.
46.29(1)(e)
(e) Consider all questions and matters concerning physically disabled persons arising within the council or brought to the council for review.
46.29(1)(em)
(em) Approve educational material relating to the parking privileges of physically disabled persons for placement on vehicles as provided in
s. 346.94 (4). The council may delegate to a member of the council or an officer or employee of a state agency the authority granted under this paragraph.
46.29(1)(fm)
(fm) By April 15, 1996, and biennially thereafter, submit a report to the legislature under
s. 13.172 (2) concerning the time limitations imposed by any ordinances enacted under
s. 346.50 (3m) on spaces reserved for use by a motor vehicle used by a physically disabled person, including any recommended changes to
s. 346.50 (3m) and copies of any reports submitted from cities as required by
s. 346.50 (3m) (b) 5.
46.29(2)
(2) The council on physical disabilities may do all of the following:
46.29(2)(a)
(a) Report to the public concerning needs of physically disabled persons and issues that affect those persons.
46.29(2)(b)
(b) Promote programs related to the prevention of physical disability.
46.29(2)(c)
(c) Form committees for consideration of policies or programs for physically disabled persons.
46.29(3)
(3) All of the following shall maintain liaison with and periodically report to the council on physical disabilities concerning progress in achieving objectives in the state plan developed under
sub. (1) (a):
46.29(3)(a)
(a) The state superintendent of public instruction.
46.29(3)(c)
(c) The secretary of workforce development.
46.29(3)(g)
(g) The president of the University of Wisconsin System.
46.29(3)(h)
(h) The president of the technical college system board.
46.29(3)(i)
(i) The executive director of the board on aging and long-term care.
46.29(3)(j)
(j) The chairperson of the health policy council.
46.293
46.293
Specialized programs for the blind and visually impaired. The department shall provide rehabilitation teaching services for persons who are blind or visually impaired including elderly persons and young persons and their parents or guardians, regardless of their eligibility for vocational rehabilitation services. These services may include assessments of each client's service needs, development of an individual service plan, instruction in braille, training in orientation and movement in the person's home or neighborhood, counseling and guidance to increase the blind or visually impaired person's independence, instruction in the use of low-vision aids, personal and home management training and instruction in leisure activities. In conjunction with the provision of these services the department shall:
46.293(1)
(1) Work with blind and visually impaired persons, in a setting appropriate to each individual, to form rehabilitation plans for independent living to enable them to increase their self-reliance.
46.293(2)
(2) Assist blind and visually impaired persons in physical orientation and personal adjustment.
46.293 History
History: 1995 a. 27 ss.
2270,
2413; Stats. 1995 s. 46.293.
46.295
46.295
Interpreters for the hearing-impaired. 46.295(1)
(1) The department may, on the request of any hearing-impaired person, city, village, town or county or private agency, provide funds from the appropriation under
s. 20.435 (6) (a) and
(hs) to reimburse interpreters for hearing-impaired persons for the provision of interpreter services.
46.295(2)
(2) The department shall grant priority to requests to pay fees charged by interpreters for the following, in the following order:
46.295(2)(b)
(b) Medical, mental health, alcohol and drug abuse, psychiatric and psychological services.
46.295(2)(c)
(c) Legal services and civil court proceedings.
46.295(2)(d)
(d) Matters concerning law enforcement personnel.
46.295(2)(e)
(e) Matters concerning any federal, state, county or municipal agency.
46.295(4)
(4) The department may use as an interpreter for hearing-impaired persons only the following:
46.295(4)(a)
(a) An interpreter for hearing-impaired persons who is certified by the national registry of interpreters for the deaf.
46.295(4)(b)
(b) If an interpreter under
par. (a) is unavailable, an interpreter for hearing-impaired persons whose qualifications have been determined appropriate by the department.
46.295(5)
(5) The department may bill any public or private agency at the rates established by the department for interpreter services for hearing-impaired persons commensurate with the certification or qualification level of the interpreter providing services if the department determines that the agency is required under state or federal law to provide interpreter services to a hearing-impaired person or if the agency agrees to pay for the services.
46.295(6)
(6) The department shall promulgate rules to implement this section.
46.295 History
History: 1995 a. 27 ss.
2271,
2417; Stats. 1995 s. 46.295.
46.295 Cross-reference
Cross Reference: See also ch.
HFS 77, Wis. adm. code.
46.297
46.297
Telecommunication aid for the hearing impaired. 46.297(1)(1)
Assistance. From the appropriation under
s. 20.435 (7) (d), the department shall, subject to the availability of funds, provide assistance to hearing-impaired persons to secure telecommunication devices capable of serving their needs. Except in extraordinary circumstances, the department shall purchase or provide funds for the purchase of telecommunication devices.
46.297(2)
(2) Eligibility. A person is eligible to receive assistance under
sub. (1) if all of the following conditions are met:
46.297(2)(a)
(a) The person is certified as deaf or severely hearing impaired by a physician, an audiologist licensed under
subch. II of ch. 459 or the department.
46.297(2)(b)
(b) The adjusted gross income of the person's family is equal to or less than 200% of the poverty line established under
42 USC 9902 (2).
46.297(3)
(3) Hearing rights. Any person aggrieved by a decision of the department under this section has a right to a contested case hearing under
ch. 227.
46.297(4)
(4) Departmental duties. The department shall:
46.297(4)(a)
(a) Promulgate rules necessary for the administration of this section.
46.297(4)(b)
(b) Establish application procedures and determine eligibility.
46.297 History
History: 1983 a. 427; Stats. 1983 s. 46.90;
1983 a. 538 s.
51; Stats. 1983 s. 46.92;
1987 a. 27;
1987 a. 257 s.
2;
1989 a. 173 s.
3; Stats. 1989 s. 47.20;
1989 a. 316;
1995 a. 27 s.
2421; Stats. 1995 s. 46.297.
46.297 Cross-reference
Cross Reference: See also ch.
HFS 77,
78, and
143, Wis. adm. code.
46.298
46.298
Vehicle sticker for the hearing impaired. Upon the request of a person who is certified as hearing impaired by the department, by a physician, by a hearing instrument specialist licensed under
subch. I of ch. 459 or by an audiologist licensed under
subch. II of ch. 459, the department shall issue to the person a decal or sticker for display on a motor vehicle owned or frequently operated by the person to apprise law enforcement officers of the fact that the vehicle is owned or operated by a hearing-impaired person. No charge shall be made for issuance of the decal or sticker. The department shall specify the design of the decal or sticker. The department shall designate the location on the vehicle at which the decal or sticker shall be affixed by its own adhesive.
46.298 History
History: 1987 a. 257;
1989 a. 31;
1989 a. 173 s.
4; Stats. 1989 s. 47.25;
1989 a. 316;
1995 a. 27 s.
2422; Stats. s. 46.298.
46.30
46.30
Community action agencies. 46.30(1)
(1)
Definitions. In this section:
46.30(1)(a)
(a) "Limited-purpose agency" means a private, nonprofit organization that is a statewide organization whose project has statewide impact.
46.30(1)(b)
(b) "Poor person" means a resident of a community served by a community action agency, whose income is at or below 125% of the poverty line.
46.30(1)(c)
(c) "Poverty line" means the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under
42 USC 9902 (2).
46.30(2)(a)1.1. A community action agency is any of the entities specified in
par. (b) that meets the following conditions:
46.30(2)(a)1.c.
c. Receives the approval of the county board of supervisors, if the community action agency serves an entire county, or, if the agency serves a city, village or town, receives the approval of the city's, village's or town's legislative body.
46.30(2)(a)2.
2. Each private, nonprofit community action agency shall be governed by a board consisting of 15 to 51 members, chosen from the following groups:
46.30(2)(a)2.a.
a. One-third of the members shall be elected public officials or their representatives. If the number of elected public officials who are reasonably available and willing to serve on a governing board is insufficient to meet this requirement, appointed public officials may be substituted. The chief executive or the legislative body of the county, city, village or town that approved the creation of a community action agency under
subd. 1. c. shall appoint these members.
46.30(2)(a)2.b.
b. At least one-third of the members shall represent poor persons in the community to be served by the community action agency, being chosen in accordance with democratic selection procedures adequate to ensure that they are selected by and that they represent poor persons.
46.30(2)(a)2.c.
c. The remaining members shall represent specific groups or areas within the community to be served by the community action agency. The members selected under
subd. 2. a. and
b. shall determine which groups or areas are to be represented and shall delegate to the group, or to residents of the area, the task of selecting the representative. Representatives of an area of the community shall reside within that area.
46.30(2)(a)3.
3. Each community relations-social development commission created under
s. 66.0125 that acts as a community action agency shall modify the composition of its commission so that the commission is composed of 15 to 51 members, chosen from the groups specified in
subd. 2. a. to
c.
46.30(2)(b)
(b) The following entities may organize as community action agencies:
46.30(2)(b)1.
1. Any private, nonprofit community organization, including any migrant or seasonal farm worker organization.
46.30(2)(b)3.
3. Any entity designated by the community services administration as a community action agency under
42 USC 2790 to
2797, in effect on August 1, 1981, for federal fiscal year 1981, unless the agency lost its designation. Any such entity is deemed to meet the conditions under
par. (a) 1.
46.30(2)(c)
(c) The approval of a community action agency may be rescinded but only if there is good cause and if the decision to rescind is made by both the legislative body of the county, city, village or town that granted the approval and the secretary. At least 90 days before rescinding approval, the legislative body or secretary shall notify the community action agency of its reasons for the action and hold a public hearing in the community concerning the action.
