Health and Social Services, Department of
Department of Health and Social Services has no authority to impose forfeitures upon persons violating sec. 146.30, Stats., or to initiate court actions for same using agency personnel. (Unpub.). 15-1975
Processing fees
Neither the clerk of court nor the county board has the authority to adopt a non-refundable processing fee for persons desiring to pay a fine or forfeiture imposed by the court through installment payments in the absence of a statute specifically providing for such processing fee. 80-223
Small claims procedure
The procedure to be used in seeking forfeitures for violations of statutes is set forth in chapters 23, 66, 345, 778, 799, 750-58 and 801-47, Stats. The procedures set forth in chapters 23, 66, 345 and 778 have priority. Where those chapters are not applicable, chapter 799 is accorded the next level of priority. Finally, where chapter 799 is not applicable, the rules of practice and procedure in chapters 750-58 and 801-47 are. 77-270
State forfeiture action
Money resulting from a state forfeiture action under sections 161.555 and 973.075(4), Stats., must be deposited in the state school fund. Money granted to the state after a federal forfeiture proceeding need not be. 76-209
Traffic regulation
Section 349.06(1), Stats., authorizes local authorities to enact and enforce any ordinance which is in strict conformity with traffic regulation provisions of ch. 350, Stats., for which the penalty for violation is a forfeiture. 66-161
FOSTER HOMES
Counties
The responsibility for providing and funding facilities for protective placements under ch. 55, Stats., is primarily on the county. The statute does not require a county nursing home to accept such a placement. 66-249
County agencies
County agencies do not have the authority to directly operate a foster home or what has been described as a "group foster home." (Unpub.). 39-1976
Detention facilities privately operated not approved
Statutes do not provide authority to the Department of Health and Social Services to approve privately operated secure detention facilities for juveniles and County Board and County Board of Public Welfare are without power to purchase secure detention services from a private operator. 73-115
Foster parent
The potential liability of placement agencies and foster parents for the torts of foster children is the same as natural parents' liability. They are only liable for property damage or physical injury which results from a failure to provide reasonable supervision. The greater exposure falls on the foster parent. Section 895.035, Stats., does not apply to placement agencies or foster parents. 66-164
Insurance requirement waived
Where a licensing agency waives the insurance requirement under section 48.627(1)(a) and (b), Stats., it does not assume any liability beyond the limited recovery in tort claims under sections 893.80(3) and 893.82(6). 76-1
Juveniles
Section 48.31, Stats., provides counties with express authority to establish and operate juvenile detention homes and shelter care facilities. Detention homes and shelter care facilities established and operated pursuant to sec. 48.31, Stats., do not require a ch. 48 license from the Department of Health and Social Services. Counties may lease property for detention home or shelter care use. 66-50
Liability
The potential liability of placement agencies and foster parents for the torts of foster children is the same as natural parents' liability. They are only liable for property damage or physical injury which results from a failure to provide reasonable supervision. The greater exposure falls on the foster parent. Section 895.035, Stats., does not apply to placement agencies or foster parents. 66-164
Prisons and prisoners
Community-based residential facilities and child welfare agencies, facilities, or group foster homes do not necessarily become prisons or jails by reason of the placement therein of adult criminal or juvenile offenders in the custody of the State. The question whether a particular facility has become a prison or jail depends on whether the primary purpose of the facility has become penal. 69-52
Religious organizations
A facility owned and operated by a religious organization is subject to licensure and regulation under ch. 50, Stats., and chapter HSS 3 Wis. Adm. Code, unless the facility is a convent, monastery or similar place where residents are all members of a religious hierarchy living in seclusion and operating under a set of religious vows or rules. The Department of Health and Social Services constitutionally license and regulate Community Based Residential Facilities (CBRFs) operated by religious organizations not exempt under sec. 50.01 (1), Stats., or sec. 50.03(9), Stats. Application of CBRF licensure and regulatory requirements to certain facilities operated by the Salvation Army discussed. 71-112
Zoning
A community living arrangement which has a capacity for eight or fewer persons and which meets all other statutory criteria is entitled to locate in any zoning district where single or multi-family residences are a permitted use. Any such community living arrangement which has a capacity of from nine to fifteen persons is entitled to locate in any zoning district where multi-family residences containing more than two families are a permitted use, and is entitled to apply for special zoning permission to locate in any zoning district where single or two family uses are permitted. Such a community living arrangement which has a capacity of more than fifteen persons is entitled to apply for special zoning permission to locate in any zoning district where single or multi-family uses are permitted. A community living arrangement which meets all applicable statutory criteria is not entitled to locate in an exclus
A local zoning ordinance which limits occupation of single family dwellings to one or more persons related by blood, adoption or marriage or not more than two unrelated persons while valid on its face, is unenforceable against a licensed foster home. Said license, whether granted directly or indirectly by the State, is an exercise of the sovereign power of the State and is immune from local zoning regulations. 66-342
Foster homes contracted for (i.e., leased) by the Department of Health and Social Services, pursuant to sec. 48.52, Stats., are immune from local zoning to the extent that the zoning conflicts with the Department's possessory use of property for purposes contemplated by ch. 48, Stats. However, immunity for leased facilities is subject to sec. 13.48(13), Stats., as amended by ch. 90, sec. 2, Laws of 1973. Section 48.64, Stats., agreements between the Department and proprietors of foster homes do not serve to immunize the proprietor's property from local zoning. County agencies providing child welfare services do not have authority to lease real property for foster home use. The Department may assert its immunity from local zoning for property it acquires a possessory interest in by virtue of a sublease pursuant to sec. 48.52(2), Stats. Property leased by the Department pursuant to sec. 48.52(2), St
Foster homes owned, operated or contracted for by the Department of Health and Social Services or a county agency are immune from local zoning ordinances. Foster homes owned, operated or contracted for by licensed child welfare agencies are not immune. All family operated foster homes are subject to local zoning. Municipal foster home licensing ordinances are unenforceable. Zoning ordinances utilizing definitions of "family" to restrict the number of unrelated persons who may live in a single family dwelling are of questionable constitutionality. 63-34
FOX VALLEY TECHNICAL INSTITUTE
Federal aid
The Fox Valley Technical Institute is not a "unit of local government" for the purpose of receiving federal Justice Assistance Act (JAA) funds. Also, JAA funds which are specified for use by local units of government for local projects cannot be used to support statewide crime prevention activities. 75-265
FOX VALLEY VOCATIONAL, TECHNICAL AND ADULT EDUCATION DISTRICT
Fiscal agent
Neither the Fox Valley Vocational, Technical and Adult Education District nor the East Central Regional Planning Commission has the authority to act as fiscal agent for the Northeast Criminal Justice Coordinating Council. 71-70
FRANCHISES
Automobile dealer
Wisconsin Fair Dealership Law, is a public policy declaration concerning the unwarranted termination of dealership. 66-10
Intoxicating liquors
Intoxicating liquors; wholesale permitees; franchise sales area statements; price discrimination. Section 176.05(1a)(b), Stats., does not prohibit a wholesaler from selling intoxicating liquor to a retailer located outside the area described in the area statement provided the sale takes place within that area. State law does not prohibit nor does it require a separate charge by a wholesaler for delivery of intoxicating liquor to a retailer. 70-25
FREEDOM OF SPEECH
Public employe
Section 19.45(12), Stats., is constitutional. 77-184
Soliciting jury duty
Sections 756.03 and 756.031, Stats., prohibiting a person from soliciting jury duty are constitutional enactments. 69-19
FUNDS
See also FEDERAL AID
Condemnation
The question of whether benefits and assistance provided by ch. 409, Laws of 1969, as amended by ch. 103, Laws of 1971, must be afforded an owner of property or his tenant where there is no threat of condemnation, but the property owner, aware that a public agency wants the property, voluntarily sells the property to the public agency requires an exercise of discretion based upon the facts of each transaction, however, the property owner or his tenant to qualify must be displaced by the project and the expenditure of public funds must be for a public purpose. 62-168
Construction of state facilities on leased land
It is constitutional for the Legislature to authorize funds to be borrowed and expended for construction of state patrol training facilities on leased land. (Unpub.). 8-1984
Contingency fund
Under section 65.90(5), Stats., a vote of two-thirds of the entire membership of the county board is needed to transfer funds from the contingency fund to use for a purpose not anticipated in the budget. 76-145
