51.40(2)(f)2.b.
b. There is no current order under
ch. 55 in effect with respect to the ward, and the ward is not under an involuntary commitment order to the department of corrections or to a county other than the county in which the ward is physically present.
51.40(2)(f)2.d.
d. The guardian states in writing that it is the ward's intent to remain in the county for the foreseeable future.
51.40(2)(f)3.
3. The ward is a resident of the county specified by the guardian, regardless if a previous determination of county of residence has been made, notwithstanding
pars. (a) and
(b) for good cause shown, if, in the ward's best interest, the guardian files with the probate court having jurisdiction of the guardianship and protective placement a written statement declaring the ward's domiciliary intent, subject to court approval, and if notice and opportunity to be heard are provided to all affected counties and parties. Notice under this subdivision shall be sent to the corporation counsel of each affected county by certified mail.
51.40(2)(g)
(g)
Determination of county of responsibility. 51.40(2)(g)1.1. An individual, an interested person on behalf of the individual, or any county may request that the department make a determination of the county of responsibility of the individual. Any motion for change of venue pending before the court of jurisdiction may be stayed until the determination under this paragraph is final. Within 10 days after receiving the request, the department shall provide written notice to the individual; to the individual's guardian, guardian ad litem, and counsel, if any; to the individual's immediate family, if they can be located; and to all potentially responsible counties that a determination of county of responsibility shall be made and that written information and comments may be submitted within 30 days after the date on which the notice is sent.
51.40(2)(g)2.
2. The department shall review information submitted under
subd. 1. and make such investigation as it deems proper. Within 30 days after the end of the period for submitting information, the department shall make a decision as to residence, and send a copy of the decision to the individual and to all involved counties. The decision may be appealed under
s. 227.44 by the individual or the county determined to be responsible.
51.40(2)(g)3.
3. Pending a determination under
subd. 2., a county department which has been providing services to the individual shall continue to provide services if necessary to meet the individual's needs. If no county department is currently providing services, the county in which the client is physically present shall provide necessary services pending the determination.
51.40(2)(g)4.
4. A determination under
subd. 2. may provide for a period of transitional services to assure continuity of services by specifying a date until which the county department which has been providing services shall continue to do so.
51.40(2)(g)5.
5. The decision of the department under
subd. 2. is binding on the individual and on any county which received notice of the proceeding. Except as provided in the determination, the county determined to be the county of responsibility shall act as the county of responsibility immediately after receiving notice of the determination, and during the pendency of any appeal of the determination that is brought under
ch. 227.
51.40(2)(g)6.
6. The county that is determined to be the county of responsibility shall reimburse any other county for all care, treatment, and services provided by the other county to the individual under
ch. 46,
51, or
55. Full reimbursement by the county that is determined to be the county of responsibility shall be made within 120 days after the date of the department's determination of the county of responsibility or within 120 days after the date of the outcome of any appeal of the department's determination that is brought under
ch. 227, or by a date or under a schedule of 2 or more payments that is agreed to by both counties.
51.40 Annotation
The residence of an adult who was protectively placed as a minor is discussed. Waukesha County v. B.D.
163 Wis. 2d 779,
472 N.W.2d 563 (Ct. App. 1991).
51.40 Annotation
A community-based residential facility is neither a nursing home nor a state facility. Sub. (2) is limited to individuals living in nursing homes or state facilities. Juneau County v. Sauk County,
217 Wis. 2d 705,
580 N.W.2d 694 (Ct. App. 1998),
97-1365.
51.41
51.41
Milwaukee County mental health; Milwaukee County mental health board. 51.41(1d)
(1d)
Milwaukee County mental health board; appointments; requirements; vacancies. 51.41(1d)(a)(a) Milwaukee County shall establish the Milwaukee County mental health board.
51.41(1d)(b)
(b) Subject to
par. (d), the board shall consist of the following 11 voting members appointed by the Milwaukee County executive for 4-year terms except for the members under
subds. 10. and
11.:
51.41(1d)(b)1.
1. A psychiatrist or psychologist who is suggested by the Milwaukee County board of supervisors. The Milwaukee County board of supervisors shall solicit suggestions for psychiatrists and psychologists from organizations including the Wisconsin Medical Society, the Medical Society of Milwaukee, the Wisconsin Psychological Association, the Wisconsin Psychiatric Association, and the Wisconsin Association of Family and Children's Agencies for individuals who specialize in a full continuum of behavioral health services for children. The Milwaukee County board of supervisors shall suggest to the Milwaukee County executive 4 psychiatrists and psychologists for this board membership position.
51.41(1d)(b)2.
2. A psychiatrist or psychologist who is suggested by the Milwaukee County board of supervisors. The Milwaukee County board of supervisors shall solicit suggestions for psychiatrists and psychologists from organizations including the Wisconsin Medical Society, the Medical Society of Milwaukee, the Wisconsin Psychological Association, the Wisconsin Psychiatric Association, and the Milwaukee Co-occurring Competency Cadre for individuals who specialize in a full continuum of behavioral health services for adults. The Milwaukee County board of supervisors shall suggest to the Milwaukee County executive 4 psychiatrists and psychologists for this board membership position.
51.41(1d)(b)3.
3. A representative of the community who is a consumer of mental health services and who is suggested by the Milwaukee County board of supervisors. The Milwaukee County board of supervisors shall solicit suggestions for individuals who have experienced mental illness or substance abuse from organizations including Warmline, the Milwaukee Mental Health Task Force, and the Milwaukee Co-occurring Competency Cadre. The Milwaukee County board of supervisors shall suggest to the Milwaukee County executive 4 representatives of the community for this board membership position.
51.41(1d)(b)4.
4. A psychiatric mental health advanced practice nurse who is suggested by the Milwaukee County board of supervisors. The Milwaukee County board of supervisors shall solicit suggestions from organizations including the Wisconsin Nurses Association for individuals who specialize in a full continuum of behavioral health and medical services including emergency detention, inpatient, residential, transitional, partial hospitalization, intensive outpatient, and wraparound community-based services. The Milwaukee County board of supervisors shall suggest to the Milwaukee County executive 4 psychiatric mental health advanced practice nurses for this board membership position.
51.41(1d)(b)5.
5. An individual specializing in finance and administration. The Milwaukee County executive shall solicit suggestions from organizations including the Wisconsin Hospital Association, the Wisconsin County Human Services Association, and the Public Policy Forum for at least 4 individuals with experience in analyzing healthcare operating expenses, revenues, and reimbursement, knowledge of public and private funding and systems, and expertise in financial restructuring for sustainability.
51.41(1d)(b)6.
6. A health care provider with experience in the delivery of substance abuse services. The Milwaukee County executive shall solicit suggestions from organizations including the Wisconsin Nurses Association and the Milwaukee Co-occurring Competency Cadre for at least 4 health care providers specializing in providing substance abuse services.
51.41(1d)(b)7.
7. An individual with legal expertise. The Milwaukee County executive shall solicit suggestions from organizations including the Legal Aid Society of Milwaukee, Legal Action of Wisconsin, Community Justice Counsel, and Disability Rights Wisconsin for at least 4 individuals who have legal expertise specializing in emergency detention regulatory requirements including policies, procedures, provider responsibilities, and patient rights.
51.41(1d)(b)8.
8. A health care provider representing community-based mental health service providers who is suggested by the Milwaukee County board of supervisors. The Milwaukee County board of supervisors shall solicit suggestions from organizations including the Wisconsin Nurses Association, the Milwaukee Health Care Partnership, the Milwaukee Mental Health Task Force, and the Milwaukee Co-occurring Competency Cadre for health care providers specializing in community-based, recovery-oriented, mental health systems. The Milwaukee County board of supervisors shall suggest to the Milwaukee County executive 4 health care providers representing community-based mental health service providers for this board membership position.
51.41(1d)(b)9.
9. An individual who is a consumer or family member representing community-based mental health service providers. The Milwaukee County executive shall solicit suggestions from organizations including the Milwaukee Health Care Partnership, the Milwaukee Mental Health Task Force, and the Milwaukee Co-occurring Competency Cadre for at least 4 consumers and family members representing community-based mental health service providers.
51.41(1d)(b)10.
10. The chairperson of the county community programs board in Milwaukee County under
s. 51.42 (4), or his or her designee who is not an elected official as defined in
s. 5.02 (3m). If the chairperson of the county community programs board in Milwaukee County is an elected official, the chairperson shall designate a member of the county community programs board who is not an elected official to be a member under this subdivision.
51.41(1d)(b)11.
11. The chairperson of the Milwaukee Mental Health Task Force, or his or her designee.
51.41(1d)(c)
(c) Subject to
par. (d), the board shall consist of the following 2 nonvoting members appointed by the Milwaukee County executive for 4-year terms:
51.41(1d)(c)1.
1. A health care provider who is an employee of a higher education institution suggested by the Medical College of Wisconsin. The Milwaukee County executive shall solicit suggestions from the Medical College of Wisconsin for individuals specializing in community-based, recovery-oriented mental health systems, maximizing comprehensive community-based services, prioritizing access to community-based services and reducing reliance on institutional and inpatient care, protecting the personal liberty of individuals experiencing mental illness so that they may be treated in the least restrictive environment to the greatest extent possible, providing early intervention to minimize the length and depth of psychotic and other mental health episodes, diverting people from the corrections system, when appropriate, or maximizing the use of mobile crisis units and crisis intervention training.
51.41(1d)(c)2.
2. A health care provider who is an employee of a higher education institution suggested by the University of Wisconsin-Madison. The Milwaukee County executive shall solicit suggestions from the University of Wisconsin-Madison for individuals specializing in community-based, recovery-oriented mental health systems, maximizing comprehensive community-based services, prioritizing access to community-based services and reducing reliance on institutional and inpatient care, protecting the personal liberty of individuals experiencing mental illness so that they may be treated in the least restrictive environment to the greatest extent possible, providing early intervention to minimize the length and depth of psychotic and other mental health episodes, diverting people from the corrections system, when appropriate, or maximizing the use of mobile crisis units and crisis intervention training.
51.41(1d)(d)1.1. The Milwaukee County executive shall ensure that one of the members under
par. (b) 1. and
2. is a psychologist.
51.41(1d)(d)2.
2. A person nominating or suggesting individuals for nomination under
par. (b) shall attempt to ensure that individuals suggested are among the most-qualified and experienced in their field.
51.41(1d)(d)3.a.a. In this subdivision, "cultural competency" means the ability to understand and act respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes, and behaviors of persons and families of various cultures, including persons and families who receive mental health services in Milwaukee County and persons and families who provide mental health services in Milwaukee County.
51.41(1d)(d)3.b.
b. Members under
par. (b) collectively shall possess cultural competency and shall reflect the population that is serviced by the Milwaukee County mental health system.
51.41(1d)(d)4.
4. No member of the board may be an employee of Milwaukee County at the time of nomination.
51.41(1d)(d)5.
5. No member of the board may be a lobbyist, as defined in
s. 13.62 (11). No member of the board may directly or indirectly solicit or receive subscriptions or contributions for any partisan political party or any political purpose while appointed to the board. No member of the board may engage in any form of political activity calculated to favor or improve the chances of any political party or any person seeking or attempting to hold partisan office. No member of the board may hold an elected office. Any violation of this subdivision is adequate grounds for dismissal.
51.41(1d)(d)6.
6. No member under
par. (b) may serve more than 2 consecutive terms in a membership position for which suggestions for nomination are made by the same individual or entity, except that a member may serve 3 consecutive terms in a membership position for which suggestions for nomination are made by the same individual or entity if one of those 3 terms is for less than 2 years. An individual who has served 2 consecutive 4-year terms or 3 consecutive terms totalling less than 10 years is eligible to be suggested for nomination as a member under
par. (b) after the individual has not served on the board for 12 months.
51.41(1d)(d)7.
7. Notwithstanding
par. (b) 1.,
2.,
3.,
4., and
8. and subject to
subd. 6., if the Milwaukee County board of supervisors chooses to suggest a member of the Milwaukee County mental health board for reappointment to his or her position under
par. (b) 1.,
2.,
3.,
4., or
8., the Milwaukee County board of supervisors is not required to solicit suggestions from organizations and is not required to submit an additional 3 suggestions to the Milwaukee County executive for that appointment. Notwithstanding
par. (b) 5.,
6.,
7., and
9. and subject to
subd. 6., if the Milwaukee County executive chooses to reappoint a member of the Milwaukee County mental health board to his or her position under
par. (b) 5.,
6.,
7., or
9., the Milwaukee County executive is not required to solicit suggestions from organizations for that appointment.
51.41(1d)(d)8.
8. Notwithstanding
s. 59.17 (2) (c), appointment of members under
pars. (b) and
(c) to the Milwaukee County mental health board is not subject to approval of the Milwaukee County board of supervisors.
51.41(1d)(f)
(f) At its first meeting in each year, the Milwaukee County mental health board shall elect a chairperson, vice chairperson, and secretary each of whom may be reelected for successive terms.
51.41(1d)(g)
(g) A majority of the membership of a board constitutes a quorum to do business, and unless a more restrictive provision is adopted by the board, a majority of a quorum may act in any matter within the jurisdiction of the board.
51.41(1d)(h)
(h) The members of the Milwaukee County mental health board shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. The members shall receive no compensation for their services.
51.41(1d)(i)1.1. Notwithstanding
s. 17.10, a member of the Milwaukee County mental health board may be removed by all of the following:
51.41(1d)(i)1.a.
a. If the Milwaukee County executive solicited suggestions for nomination, the Milwaukee County executive, for cause.
51.41(1d)(i)1.b.
b. If the Milwaukee County board of supervisors suggested the member for nomination, the Milwaukee County board of supervisors, for cause.
51.41(1d)(i)2.
2. A member of the Milwaukee County mental health board shall be removed by the Milwaukee County executive for engaging in an activity that disqualifies an individual from board membership under this subsection.
51.41(1s)
(1s) Duties of the board. The Milwaukee County mental health board shall do all of the following:
51.41(1s)(a)
(a) Oversee the provision of mental health programs and services in Milwaukee County.
51.41(1s)(b)
(b) Allocate moneys for mental health functions, programs, and services in Milwaukee County within the mental health budget as defined in
sub. (4) (a) 2.
51.41(1s)(c)
(c) Make the final determination on mental health policy in Milwaukee County.
51.41(1s)(d)
(d) Replace the Milwaukee County board of supervisors in all mental health functions that are typically performed by a county board of supervisors.
51.41(1s)(e)
(e) Facilitate delivery of mental health services in an efficient and effective manner by making a commitment to all of the following:
51.41(1s)(e)1.
1. Community-based, person-centered, recovery-oriented, mental health systems.
51.41(1s)(e)3.
3. Prioritizing access to community-based services and reducing reliance on institutional and inpatient care.
51.41(1s)(e)4.
4. Protecting the personal liberty of individuals experiencing mental illness so that they may be treated in the least restrictive environment to the greatest extent possible.
51.41(1s)(e)5.
5. Providing early intervention to minimize the length and depth of psychotic and other mental health episodes.
51.41(1s)(e)6.
6. Diverting people experiencing mental illness from the corrections system when appropriate.
51.41(1s)(e)7.
7. Maximizing use of mobile crisis units and crisis intervention training.
51.41(1s)(f)
(f) Attempt to achieve costs savings in the provision of mental health programs and services in Milwaukee County.
51.41(1s)(g)
(g) Cooperate and consult with the department on recommendations for and establishing policy for inpatient mental health treatment facilities and related programs in Milwaukee County.
51.41(2)
(2) Powers of the board; limitations. The Milwaukee County mental health board may request information from the Milwaukee Mental Health Complex, a county department under
s. 46.21 or
51.42 or any other Milwaukee County governmental unit that possesses mental health information in order to fulfill its duties of overseeing mental health functions, programs, and services in Milwaukee County.
51.41(3)
(3) Public hearing; meetings. The Milwaukee County mental health board shall meet 6 times each year and may meet at other times on the call of the chairperson or a majority of the board's members. Annually, the Milwaukee County mental health board shall hold a public hearing in Milwaukee County as one of its required meetings.
51.41(4)
(4) Milwaukee County mental health budget. 51.41(4)(a)1.
1. "Community aids amount" means the amount of the mental health budget that is funded from the community aids allocation received under
s. 46.40.
51.41(4)(a)2.
2. "Mental health budget" means the part of the budget for Milwaukee County for a fiscal year that covers mental health functions, programs, and services in Milwaukee County.
51.41(4)(a)3.
3. "Tax levy amount" means the amount of the mental health budget that is funded from revenues from the tax levy.
51.41(4)(b)1.1. The Milwaukee County mental health board shall propose to the Milwaukee County executive the total amount of the mental health budget, the community aids amount, and the tax levy amount. The Milwaukee County mental health board may not propose a tax levy amount that is less than $53,000,000 or more than $65,000,000, except as provided in
subds. 5. and
6.
51.41(4)(b)2.
2. The county executive, in his or her proposed budget for Milwaukee County for a fiscal year, may include a tax levy amount that is different than the tax levy amount proposed under
subd. 1., but the county executive may not include a tax levy amount that is less than $53,000,000 or more than $65,000,000, except as provided in
subds. 5. and
6.
51.41(4)(b)3.
3. The county board of supervisors shall allocate to mental health functions, programs, and services an amount from the county's community aids allocation received under
s. 46.40 that maintains or increases the expenditures for mental health functions, programs, and services paid from the county's community aids allocation in the previous fiscal year to the extent of the availability of community aids funds from the state.
51.41(4)(b)4.
4. Except as provided in
subds. 5. and
6., the county board of supervisors shall incorporate into the budget for Milwaukee County for a fiscal year all of the following:
51.41(4)(b)4.a.
a. The tax levy amount as proposed by the county executive under
subd. 2. and the amount of the community aids allocation determined under
subd. 3.
51.41(4)(b)4.b.
b. An amount equal to the total amount of the mental health budget proposed under
subd. 1., less the community aids amount proposed under subd. 1 and the tax levy amount proposed under
subd. 1.
51.41(4)(b)5.
5. If the Milwaukee County mental health board transfers to itself jurisdiction of a function, service, or program under
sub. (5) (b) that it did not have jurisdiction over on April 10, 2014, the tax levy amount proposed under
subd. 2. is increased by an amount equal to the amount derived from revenue from the tax levy that was expended by Milwaukee County for the transferred function, service, or program in the fiscal year before the fiscal year in which the function, program, or service is transferred. The $65,000,000 limit imposed under
subds. 1. and
2. upon the tax levy amount may be exceeded by the amount of the increase under this subdivision in any fiscal year in which the Milwaukee County mental health board has jurisdiction over the transferred function, service, or program.
51.41(4)(b)6.
6. If a majority of the Milwaukee County mental health board and a majority of the Milwaukee County board of supervisors approves and the Milwaukee County executive agrees the tax levy amount may be less than $53,000,000 or more than $65,000,000 for a fiscal year.
51.41(4)(c)
(c) Except as allowed under
pars. (b) 2.,
3.,
4.,
5., and
6. and
(d), the Milwaukee County board of supervisors may not in a fiscal year provide funding, and the Milwaukee County executive may not in a fiscal year approve funding, for mental health functions, services, and programs that is less than or more than the total amount of the mental health budget proposed under
par. (b) 1. for that fiscal year for those mental health functions, services, and programs.
51.41(4)(d)
(d) The treasurer in Milwaukee County shall hold any moneys that at the end of a fiscal year have not been expended or encumbered from the amount budgeted for mental health functions, programs, and services in a mental health reserve fund. Moneys in the reserve fund may be used at any time to cover deficits in the Milwaukee County mental health budget. If the amount in the reserve fund exceeds $10,000,000, the amount exceeding $10,000,000 may be used at any time for any mental health function, program, or service in Milwaukee County. Moneys in the reserve fund may be used only for the purposes described in this paragraph.
51.41(5)
(5) Jurisdiction of Milwaukee County board. 51.41(5)(a)(a) The Milwaukee County board of supervisors has no jurisdiction over any mental health policy, functions, programs, or services. The Milwaukee County board of supervisors may not create new mental health functions, programs, or services that are under the jurisdiction of the board of supervisors.
51.41(5)(b)
(b) The Milwaukee County mental health board may transfer jurisdiction over a Milwaukee County function, service, or program to itself that pertains to mental health or is highly integrated with mental health services and that is not under its jurisdiction by statute, by an affirmative vote of a majority of the Milwaukee County mental health board [members] and a majority of the Milwaukee County board of supervisors.
51.41 Note
NOTE: Par. (b) is shown as amended by
2013 Wis. Act 203, section
35m. The word in brackets was unintentionally deleted by section 35m. Corrective legislation is pending.
