The state may not contract public debt to finance its contribution to the proposed Great Lakes Protection Fund because the projects intended to be funded are not water improvements within the meaning of article VIII, section 7(2)(a)1. of the Wisconsin Constitution. 78-100
GRIEVANCE PROCEDURES
See COLLECTIVE BARGAINING
GROUP HOMES
See FOSTER HOMES; NURSING HOMES
GUARDIAN
Liability of placement agencies and foster parents
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
GUNS
See FIREARMS
- H -
HAIRDRESSERS
See COSMETIC ART
HANDICAPPED CHILDREN'S EDUCATION BOARD
Board powers discussed
In counties with a county executive, the county Handicapped Children's Education Board exercises advisory and policy-making functions associated with the special education programs and services authorized by the county board under section 115.83, Stats., and the county executive supervises the administrative functions. While the county Handicapped Children's Education Board and the county executive share budgetary responsibilities, the county executive makes the annual budget recommendation to the county board. County personnel and procurement ordinances, and other similar ordinances which regulate administration of county government generally, apply to the operation of such county special education programs and services to the extent such ordinances are otherwise authorized and do not conflict with the state laws regulating such special education programs and services. 77-196
HATCH ACT
See CIVIL SERVICE, Political activities
HEALTH
See PUBLIC HEALTH
HEALTH AND SOCIAL SERVICES, DEPARTMENT OF
Administrative costs
The Department of Health and Social Services may not reimburse counties for administrative costs incurred in providing temporary assistance to state dependents. 70-17
AFDC; promulgation of rules for overpayments discussed. 65-128
Ambulance attendants
The Department of Health and Social Services has authority to establish standards for ambulance attendants under sec. 146.50, Stats. Discussion of malpractice liability of state officers and employes. 67-145
Child abuse and neglect investigations
Discussion of the responsibility of county departments of social services to investigate allegations of child abuse and neglect. Department staff members may interview the child on public school property, and may exclude school personnel from the interview. School personnel cannot condition on-site interviews on notification of the child's parents. 79-49
A county department of social services or county department of human services may not contract with other agencies to obtain section 48.981, Stats., reporting or investigatory services in situations other than the performance of independent investigations required by section 48.981(3)(d). A cooperative contract might be possible under section 66.30(2) in order to effectuate this purpose but the services must be furnished by the county department as defined in section 48.02(2g) and not by any other public or private agency. 76-286
Child-placing agencies, case records
If the Department of Health and Social Services does not wish to designate a child-placing agency licensed under section 48.60, Stats., to conduct searches under sections 48.432(4)(b) and 48.433(6)(b), the child-placing agency has no enforceable right to be so designated. Whether or not there is such a designation, the Department of Health and Social Services has an absolute right of access to the case records of the licensed child-placing agency for purposes of the search program under sections 48.432 and 48.433. (Unpub.). 22-1984
Child support records
The Department of Health and Social Services should be granted access to otherwise confidential records because that access is necessary to complete a legislatively mandated study. (Unpub.). 23-1984
Chronic renal disease program
Responsibility for administration of chronic renal disease program under sec. 49.48, Stats., discussed. (Unpub.). 10-1978
Collection for services
Liability, reimbursement and collection for services provided under secs. 51.42 and 51.437, Stats., programs discussed. 63-560
Council on Developmental Disabilities
The Council on Developmental Disabilities is an advisory council but has additional authority and responsibilities as well. The Council while created in the Department of Health and Social Services is authorized to function independently on matters within its jurisdiction and is responsible to the Department of Health and Social Services only in its advisory role in matters not covered by sec. 51.435, Stats. (Unpub.). 47-1976
Cremation
Chapters 69 and 157, Stats., are not alternatives to the requirement in section 979.10 that anyone cremating a corpse first obtain a cremation permit from the coroner. University medical schools or anyone else qualified to receive a corpse can, however, receive a corpse for research without first obtaining the cremation permit. Section 979.10 only requires that the permit be obtained before the corpse is cremated. 77-218
Defendants, supervision of
The Department of Health and Social Services has authority to supervise defendants conditionally released under section 971.17(2), Stats., if the Court orders such supervision as a condition of release. The period of supervision, when added to the time defendant has spent in the treatment institution, cannot exceed the maximum term of imprisonment as defined in section 971.17(4). Such maximum term must be calculated as if consecutive sentences had been imposed. The Department lacks authority to supervise defendants released under section 971.17(4). 73-76
Discrimination
A contract between the Department of Health and Social Services and an association of private adoption agencies does not result in legally prohibited religious discrimination where any religious preferences are limited to the statutory religious matching requirement. (Unpub.). 32-1983
District Attorneys
District Attorneys, whether compensated on a full-time or part-time basis, have a duty to represent the interests of the county and State in child support and paternity matters under sec. 46.25, Stats., petitioners for a child alleged to be in need of protection or services under sec. 48.13, Stats., mental commitments pursuant to sec. 51.20, Stats., alcohol commitments under sec. 51.45, Stats., and petitions for appointment of a guardian under sec. 880.295(1), Stats., where the County Board has not assigned such duties to a County Corporation Counsel. 70-148
Detention facilities privately operated
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
Exceptional educational needs
The Department of Health and Social Services must treat a parent's failure to respond as a denial of permission for evaluation and placement for exceptional educational needs. The Department of Health and Social Services has no authority to appoint a surrogate parent when a child's parent cannot be located, and must utilize alternative procedures under state law. 71-28
Federal block grant monies
The Department of Health and Social Services cannot reobligate refunds of federal block grant monies received after the federally mandated time for closing the grant year. 76-19
Forfeitures
The 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
Foster homes
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 can 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
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
