46.22(4)(c)2.
2. Any reference in any law to a county social services board appointed under
sub. (1m) (b) 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 social services board.
46.22 History
History: 1971 c. 164,
218;
1973 c. 90 ss.
226,
560 (3);
1973 c. 147,
333;
1975 c. 39;
1975 c. 189 s.
99 (1), (2);
1975 c. 224 ss.
52p,
146m;
1975 c. 307,
422;
1975 c. 430 s.
78;
1977 c. 29 ss.
560,
1656 (18);
1977 c. 83 s.
26;
1977 c. 418,
449;
1979 c. 34,
221;
1981 c. 20 ss.
759 to
763m,
2202 (20) (j);
1981 c. 329;
1981 c. 390 s.
252;
1983 a. 27 s.
2202 (20);
1983 a. 190 s.
7;
1983 a. 192,
193,
447;
1985 a. 29,
120;
1985 a. 176 ss.
28,
30,
59 to
105;
1985 a. 332;
1987 a. 5,
27;
1989 a. 31,
107,
336,
359;
1991 a. 39,
274;
1993 a. 16;
1995 a. 27 ss.
2077 to
2111,
9126 (19),
9130 (4);
1995 a. 64,
77,
201,
289,
352,
404,
417;
1997 a. 3,
27,
35,
252;
1999 a. 9,
83;
2001 a. 16,
103;
2003 a. 33;
2005 a. 25,
264,
344,
388,
406;
2007 a. 20 ss.
857 to
877,
9121 (6) (a);
2007 a. 45,
96;
2009 a. 28,
180,
334;
2011 a. 32,
126.
46.22 Annotation
Members of a social services board in a county with a county executive or a county administrator may be granted access to child abuse and neglect files under s. 48.981 if access is necessary for the performance of their statutory duties.
79 Atty. Gen. 212.
46.225
46.225
Indigency determinations. If applicable under
s. 977.07 (1), a county department under
s. 46.21,
46.22 or
46.23 shall make indigency determinations.
46.225 History
History: 1979 c. 356;
1985 a. 176.
46.23
46.23
County department of human services. 46.23(1)(1)
Intent. The intent of this section is to enable and encourage counties to develop and make available to all citizens of this state a comprehensive range of human services in an integrated and efficient manner; to utilize and expand existing governmental, voluntary and private community resources for the provision of services to prevent or ameliorate social, mental and physical disabilities; to provide for the integration of administration of those services and facilities organized under this section through the establishment of a unified administrative structure and of a unified policy-making body; and to authorize state consultative services, reviews and establishments of standards and grants-in-aid for such programs of services and facilities.
46.23(2)
(2) Definitions. Except as otherwise provided, in this section:
46.23(2)(a)
(a) "Human services" means the total range of services to people including, but not limited to, health care, mental illness treatment, developmental disabilities services, income maintenance, probation, extended supervision and parole services, alcohol and drug abuse services, services to children, youth and aging, family counseling, special education services, and manpower services.
46.23(2)(b)
(b) "Program" means community services and facilities for the prevention and amelioration of social, mental and physical disabilities.
46.23(3)
(3) County department of human services. 46.23(3)(a)(a)
Creation. Upon approval by the secretary of health services, by the secretary of corrections, and by the secretary of children and families of a feasibility study and a program implementation plan, the county board of supervisors of any county with a population of less than 500,000, or the county boards of supervisors of 2 or more counties, may establish by resolution a county department of human services on a single-county or multicounty basis to provide the services required under this section. The county department of human services shall consist of the county human services board, the county human services director and necessary personnel.
46.23(3)(am)1.1. The county department of human services shall prepare a local plan for the delivery of human services which includes an inventory of all existing resources, identifies needed new resources and services and contains a plan for meeting the health, mental health and social needs of individuals and families. The plan shall be based on an annual need survey of the prevalence and incidence of the various disabilities within the geographic boundaries of the county department of human services. 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.
46.23(3)(am)2.
2. Prior to adoption of the plan by the county department of human services under
subd. 1., it shall hold a public hearing on the plan. As far as practicable, the county department of human services shall annually publish or otherwise circulate notice of its proposed plan and afford interested persons opportunity to submit data or views orally or in writing.
46.23(3)(am)3.
3. The county board of supervisors in a county with a single-county department of human services and the county boards of supervisors in counties with a multicounty department of human services shall review and approve the overall plan, program and budgets proposed by the county department of human services.
46.23(3)(am)4.
4. No funds may be allocated to any multicounty department of human services until the counties have drawn up a detailed contractual agreement, approved by the secretary of health services, by the secretary of corrections, and by the secretary of children and families, setting forth the plan for joint sponsorship.
46.23(3)(b)
(b)
Transfer of other county powers and duties. 46.23(3)(b)1.1. If a county department of human services is established under
par. (a), the county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services shall transfer the powers and duties of the county departments under
ss. 46.22 and
51.42 to the county department of human services. The county board of supervisors in a county with a single-county department of human services and the county boards of supervisors in counties with a multicounty department of human services may transfer the powers and duties of the following to the county department of human services established under
par. (a):
46.23(3)(b)1.a.
a. A county unit created by the county board of supervisors exercising its authority under
s. 59.03 (1).
46.23(3)(b)2.a.a. Except as provided in
s. 46.21 (2m) (b) 2. a., any reference in any law to a county department under
s. 46.22,
51.42 or
51.437 applies to the county department of human services under this section in its administration of the powers and duties of the county department to which the reference is made.
46.23(3)(b)2.d.
d. The powers and duties of the county department of human services under
s. 46.21 (2m) do not apply to this section.
46.23(3)(bm)
(bm)
Long-term support community options program. If the county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services designate the county department of human services as the administrative agency under
s. 46.27 (3) (b) 3., the county department of human services shall administer the long-term support community options program under
s. 46.27.
46.23(3)(d)
(d)
Employee protections. All persons employed by a county or by the state, whose functions are assumed by a county department of human services shall continue as employees of the county department of human services without loss in seniority, status or benefits, subject to the merit or civil service system.
46.23(3)(e)
(e)
Exchange of information; long-term care. Notwithstanding
ss. 46.2895 (9),
48.78 (2) (a),
49.45 (4),
49.83,
51.30,
51.45 (14) (a),
55.22 (3),
146.82,
252.11 (7),
253.07 (3) (c), and
938.78 (2) (a), a subunit of a county department of human services or tribal agency 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 human services or tribal agency, with a resource center, a care management organization, or a long-term care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under
s. 46.90 (5) (a) 1. or
55.043 (1r) (a) 1g., or with a person providing services to the client under a purchase of services contract with the county department of human services or tribal agency or with a resource center, a care management organization, or a long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of human services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this paragraph shall document that a request for information was received and what information was provided.
46.23(3)(ed)
(ed)
Exchange of information; statewide automated child welfare information system. Notwithstanding
ss. 46.2895 (9),
48.396 (1) and
(2) (a),
48.78 (2) (a),
48.981 (7),
49.45 (4),
49.83,
51.30,
51.45 (14) (a),
55.22 (3),
146.82,
252.11 (7),
252.15,
253.07 (3) (c),
938.396 (1) (a) and
(2), and
938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under
s. 48.47 (7g).
46.23(4)
(4) County human services board. 46.23(4)(a)1.1. In any single-county or multicounty department of human services, the county human services board shall be composed of not less than 7 nor more than 15 persons of recognized ability and demonstrated interest in human services. Not less than one-third nor more than two-thirds of the county human services board members may be members of the county board of supervisors. At least one member appointed to a county human services board shall be an individual who receives or has received human services or shall be a family member of such an individual. The remainder of the county human services board members shall be consumers of services or citizens-at-large. No public or private provider of services may be appointed to the county human services board.
46.23(4)(a)2.
2. In a multicounty department of human services, the county human services board shall be constituted so that the representation shall be as equal as possible among the participating counties.
46.23(4)(b)1.1. Except as provided under
subd. 2., the county board of supervisors in a county which has established a single-county department of human services or the county boards of supervisors in counties which have established a multicounty department of human services shall, before qualification under this section, appoint a governing and policy-making board to be known as the county human services board.
46.23(4)(b)2.
2. In any county with a county executive or county administrator and which has established a single-county department of human services, the county executive or county administrator shall appoint, subject to confirmation by the county board of supervisors, the county human services 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 human services board appointed under this subdivision may be removed by the county executive or county administrator for cause or, on due notice in writing, if the member when appointed was a member of the county board of supervisors and was not reelected to that office.
46.23(4)(c)
(c)
Terms. Members of a county human services board shall serve for terms of 3 years, so arranged that as nearly as practicable, the terms of one-third of the members shall expire each year. Vacancies shall be filled in the same manner as the original appointments. A county human services board member appointed under
par. (b) 1. may be removed from office for the following reasons:
46.23(4)(c)1.
1. 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.
46.23(4)(c)2.
2. If the member when appointed was a member of the county board of supervisors and was not reelected to that office, on due notice in writing.
46.23(5)
(5) Powers and duties of county human services board in certain counties. A county human services board appointed under
sub. (4) (b) 1.:
46.23(5)(a)1.1. Shall determine administrative and program policies, except as provided under
ch. 48 and
subch. III of ch. 49 and except for juvenile delinquency-related policies, within limits established by the department of health services. Policy decisions, except as provided under
ch. 48 and
subch. III of ch. 49 and except for juvenile delinquency-related policies, not reserved by statute for the department of health services may be delegated by the secretary to the county human services board.
46.23(5)(a)2.
2. Shall determine administrative and program policies under
ch. 48 and
subch. III of ch. 49 within limits established by the department of children and families. Policy decisions under
ch. 48 and
subch. III of ch. 49 not reserved by statute for the department of children and families may be delegated by the secretary of children and families to the county human services board.
46.23(5)(a)3.
3. Shall determine juvenile delinquency-related administrative programs and policies within limits established by the department of corrections. Juvenile delinquency-related policy decisions not reserved by statute for the department of corrections may be delegated by the secretary of corrections to the county human services board.
46.23(5)(b)
(b) Shall establish priorities in addition to those mandated by the department of health services, the department of corrections, or the department of children and families.
46.23(5)(c)1.1. Shall determine whether state mandated services, except for services under
ch. 48 and
subch. III of ch. 49 and juvenile delinquency-related services, are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of services contracts shall be subject to the conditions specified in
s. 46.036.
46.23(5)(c)2.
2. Shall determine whether state mandated services under
ch. 48 and
subch. III of ch. 49 are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of services contracts shall be subject to the conditions specified in
s. 49.34.
46.23(5)(c)3.
3. Shall determine whether state mandated juvenile delinquency-related services are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of service contracts shall be subject to the conditions specified in
s. 301.031.
46.23(5)(d)
(d) Shall determine, subject to the approval of the county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services and with the advice of the county human services director appointed under
par. (f), whether services are to be provided directly by the county department of human services or contracted for with other providers and make such contracts. The county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services 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 human services or the county boards of supervisors in counties with a multicounty department of human services.
46.23(5)(e)
(e) Shall represent human service agencies, professionals and consumers of services in negotiations with the state and federal governments.
46.23(5)(f)
(f) Shall appoint a county human services director on the basis of recognized and demonstrated interest in and knowledge of human services problems, with due regard to training, experience, executive and administrative ability and general qualification and fitness for the performance of the duties of the county human services director. The appointment is subject to the personnel policies and procedures established by each county board of supervisors which participated in the appointment of the county human services board.
46.23(5)(g)
(g) Shall appoint advisory committees for the purpose of receiving community, professional or technical information concerning particular policy considerations.
46.23(5)(h)
(h) Shall determine the number and location of outstations when appropriate to meet service demands.
46.23(5)(i)
(i) May recommend the removal of the county human services director for cause to each county board of supervisors which participated in the appointment of the county human services board, and each such county board of supervisors may remove the county human services director for cause by a two-thirds vote of each such county, on due notice in writing and hearing of the charges against the county human services director.
46.23(5)(j)
(j) Shall develop county human services board operating procedures.
46.23(5)(k)
(k) Shall oversee the operation of one or more service delivery programs.
46.23(5)(m)
(m) May perform such other general functions necessary to administer the program.
46.23(5)(n)1.1. Shall submit a final budget in accordance with
s. 46.031 (1) for authorized services, except for services under
ch. 48 and
subch. III of ch. 49 and juvenile delinquency-related services. Notwithstanding the categorization of or limits specified for funds allocated under
s. 46.495 or
51.423 (2), with the approval of the department of health services the county human services board may expend these funds consistent with any service provided under
s. 46.495 or
51.42.
46.23(5)(n)2.
2. Shall submit a final budget in accordance with
s. 49.325 (1) for authorized services under
ch. 48 and
subch. III of ch. 49. Notwithstanding the categorization of or limits specified for funds allocated under
s. 48.569, with the approval of the department of children and families the county human services board may expend these funds consistent with any service provided under
s. 48.569.
46.23(5)(n)3.
3. Shall submit a final budget in accordance with
s. 301.031 (1) for authorized juvenile delinquency-related services.
46.23(5)(o)
(o) Shall cooperate to the extent feasible with the school board, health planning agencies, law enforcement agencies, and other human service agencies, committees and planning bodies in the geographic area served by the county human services board.
46.23(5m)
(5m) Powers and duties of county human services board in certain counties with a county executive or county administrator. A county human services board appointed under
sub. (4) (b) 2. shall:
46.23(5m)(a)
(a) Appoint committees consisting of residents of the county to advise the county human services board as it deems necessary.
46.23(5m)(b)
(b) Recommend program priorities and policies, identify unmet service needs and prepare short-term and long-term plans and budgets for meeting such priorities and needs.
46.23(5m)(c)
(c) Prepare, with the assistance of the county human services director under
sub. (6m) (e), a proposed budget for submission to the county executive or county administrator, a final budget for submission to the department of health services in accordance with
s. 46.031 (1) for authorized services, except services under
ch. 48 and
subch. III of ch. 49 and juvenile delinquency-related services, a final budget for submission to the department of children and families in accordance with
s. 49.325 for authorized services under
ch. 48 and
subch. III of ch. 49, and a final budget for submission to the department of corrections in accordance with
s. 301.031 for authorized juvenile delinquency-related services.
46.23(5m)(d)
(d) Advise the county human services director 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.
46.23(5m)(e)
(e) Develop county human services board operating procedures.
46.23(5m)(g)
(g) Assist in arranging cooperative working agreements with persons providing health, education, vocational or welfare services related to services provided under this section.
46.23(6)
(6) Powers and duties of county human services director in certain counties. 46.23(6)(a)(a) A county human services director appointed under
sub. (5) (f) shall have all of the administrative and executive powers and duties of managing, operating, maintaining, and improving the programs of the county department of human services, subject to the rules promulgated by the department of health services for programs, except services or programs under
ch. 48 and
subch. III of ch. 49 and juvenile delinquency-related services or programs, subject to the rules promulgated by the department of children and families for services or programs under
ch. 48 and
subch. III of ch. 49, and subject to the rules promulgated by the department of corrections for juvenile delinquency-related services or programs. In consultation with the county human services board under
sub. (5) and subject to its approval, the county human services director shall prepare:
46.23(6)(a)1.
1. 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.
46.23(6)(a)3.
3. Such other reports as are required by the secretary of health services, by the secretary of corrections, or by the secretary of children and families and the county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services.
46.23(6)(c)
(c) A county human services director under this subsection shall make recommendations to the county human services board under
sub. (5) for:
46.23(6)(c)2.
2. Changes in the organization and management of the program.
46.23(6)(e)
(e) A county human services director under this subsection shall comply with state requirements.
46.23(6m)
(6m) County human services director in certain counties with a county executive or county administrator. In any county with a county executive or county administrator in which the county board of supervisors has established a single-county department of human services, the county executive or county administrator shall appoint a county human services director on the basis of recognized and demonstrated interest in and knowledge of human services problems, with due regard to training, experience, executive and administrative ability and general qualification and fitness for the performance of the duties of the director. The appointment is subject to confirmation by the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under
s. 59.52 (8) or
ch. 63. The county human services director, subject only to the supervision of the county executive or county administrator, shall:
