Wisconsin Legislature: Council on Developmental Disabilities

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

Health care review

The provisions of secs. 146.37 and 146.38, Stats., do not apply to the health care review functions and practices of state agencies, particularly the Department of Health and Social Services. (Unpub.). 50-1979

Health Maintenance Organizations

Health Maintenance Organizations which contract with the Department of Health and Social Services to provide coverage to medical assistance recipients are required to offer continuation of benefits to those whose eligibility for medical assistance terminates pursuant to section 632.897(1). 74-149

Jail credit

The Department of Health and Social Services may not grant jail credit where it is not provided for by statute; credit is not to be granted to parolee for period of time spent in custody on new charge and conviction in foreign jurisdiction; credit is not to be granted for period of time revoked parolee spends in detention facility other than correctional facility nor for period of time revoked probationer spent in county jail on work-release as condition of probation. 71-102

Liability

Liability, reimbursement and collection for services provided under secs. 51.42 and 51.437, Stats., programs discussed. 63-560

Medicaid Patients

Discussion of federal and state law regarding the practice of requiring a prospective nursing home resident to forego medical assistance benefits for a stated period of time as a condition of admission. 75-14

Nursing home and hospital construction

The Department of Health and Social Services through its Board does not have statutory authority to adopt a rule requiring approval of nursing home and hospital construction on the basis of need. 62-153

Nursing homes

Policy requirement relating to nursing home residents' freedom to choose health care provider (i.e., chiropractor) is invalid. Rule H32.07(2)(a) and sec. 146.309, Stats. (1975), discussed. 65-178

Prisons and prisoners

Department of Health and Social Services has power to compel cooperation of county and local officers in obtaining jail information. Sec. 46.16, Stats. 67-242

Section 46.16, Stats., does not convey authority to the Department of Health and Social Services to order methods of operation, numbers and qualifications of staff, standards for food service, and the nature of treatment and training programs in local places of confinement. Section 46.17, Stats., relates to construction and maintenance of confinement buildings and provides no additional authority to the Department under sec. 46.16, Stats. 63-267

Probation and parole