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
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
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
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
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
The Department of Health and Social Services has exclusive authority to detain and release a child who has violated the conditions of probation imposed by a court of criminal jurisdiction. The child need not be brought before a juvenile court intake worker if he or she is not also detained as a delinquent. The child can be held in the adult section of the county jail. 72-104
Purchase of all goods and services used by state government
Enactment of secs. 58 and 59 of ch. 418, Laws of 1977, placed the responsibility for the purchase of all goods and services used by state government with the Department of Administration. The purchase of all goods and services by the Department of Administration is made pursuant to subch. IV of ch. 16, Stats. 64 OAG 4 (1975) is no longer applicable. (Unpub.). 83-1979
Radioactive air emissions and water discharges
The Department of Health and Social Services may not establish rules which regulate radioactive air emissions and water discharges from facilities regulated by the United States Nuclear Regulatory Commission but may regulate radioactive air emissions and water discharges from other facilities. 72-185
Reimbursement
Liability, reimbursement and collection for services provided under secs. 51.42 and 51.437, Stats., programs discussed. 63-560
Restaurants
Discussion of coverage of licensing requirements for restaurants under sec. 50.50(3), Stats., in light of amendments to sec. 97.28, Stats., regarding the licensing of delicatessen operations. (Unpub.). 85-1977
Revocation proceedings
When required by the right effectively to present a defense, the Department of Health and Social Services, having authority to do so, in the exercise of sound discretion must issue, and for an indigent pay the costs of, compulsory process to obtain the attendance of witnesses on behalf of probationers and parolees at revocation proceedings. 63-176
Social Services, County Department of
Power to classify positions in a County Department of Social Services resides in the state Department of Health and Social Services and not in a county board or in a committee of such county board. 65-123
Vocational rehabilitation information
Section 47.40(13), Stats., precludes the release of vocational rehabilitation information for the purpose of determining legal settlement of a dependent person. 65-142
Wisconsin Council on Developmental Disabilities
Wisconsin Council on Developmental Disabilities is an advisory council but has additional authority and responsibilities. (Unpub.). 47-1976
HEALTH MAINTENANCE ORGANIZATIONS
See HEALTH AND SOCIAL SERVICES, DEPARTMENT OF
