51.42 Cross-reference
Cross Reference: See also chs.
DHS 34,
40,
61,
63,
65, and
75, Wis. adm. code.
51.42 Annotation
Costs could not be assessed under sub. (1) (b) against the subject of an emergency protective placement proceeding that was outside of the statutory guidelines under s. 55.06 (11) [now s. 55.135]. Ethelyn I.C. v. Waukesha County,
221 Wis. 2d 109,
584 N.W.2d 211 (Ct. App. 1998),
97-2236.
51.42 Annotation
Members of a county board appointed to a unified board, created under sub. (4) (b), serve for the full term for which appointed, without reference to the termination of their office as county board members by election defeat. 63 Atty. Gen. 203.
51.42 Annotation
The corporation counsel should provide legal advice and representation to ss. 51.42 and 51.437 boards as well as to the county board. 63 Atty. Gen. 468.
51.42 Annotation
Liability, reimbursement, and collection for services provided under ss. 51.42 and 51.437 programs are discussed. 63 Atty. Gen. 560, 65 Atty. Gen. 49.
51.42 Annotation
The county board of supervisors may require its approval of contracts for purchase of services by a community services board if it so specified in its coordinated plan and budget. Otherwise it may not. 69 Atty. Gen. 128.
51.42 Annotation
Menominee Tribe members are eligible to participate in voluntary programs but the state cannot accept tribe members into involuntary programs on the basis of tribal court orders alone. 70 Atty. Gen. 219.
51.42 Annotation
A multicounty 51.42/51.437 board may retain private legal counsel only when the corporation counsel of each county, or the district attorney of each county not having a corporation counsel, notifies the board that he or she is unable to provide specific services in a timely manner.
73 Atty. Gen. 8.
51.42 Annotation
The appointing authority has broad discretion to determine the interests and abilities of persons appointed to a "51.42 board."
78 Atty. Gen. 56.
51.421
51.421
Community support programs. 51.421(1)
(1)
Purpose. In order to provide the least restrictive and most appropriate care and treatment for persons with serious and persistent mental illness, community support programs should be available in all parts of the state. In order to integrate community support programs with other long-term care programs, community support programs shall be coordinated, to the greatest extent possible, with the community options program under
s. 46.27, with the protective services system in a county, with the medical assistance program under
subch. IV of ch. 49 and with other care and treatment programs for persons with serious and persistent mental illness.
51.421(2)
(2) Services. If funds are provided, and within the limits of the availability of funds provided under
s. 51.423 (2), each county department under
s. 51.42 shall establish a community support program. Each community support program shall use a coordinated case management system and shall provide or assure access to services for persons with serious and persistent mental illness who reside within the community. Services provided or coordinated through a community support program shall include assessment, diagnosis, identification of persons in need of services, case management, crisis intervention, psychiatric treatment including medication supervision, counseling and psychotherapy, activities of daily living, psychosocial rehabilitation which may include services provided by day treatment programs, client advocacy including assistance in applying for any financial support for which the client may be eligible, residential services and recreational activities. Services shall be provided to an individual based upon his or her treatment and psychosocial rehabilitation needs.
51.421(3)
(3) Departmental duties. The department shall:
51.421(3)(a)
(a) Promulgate rules establishing standards for the certified provision of community support programs by county departments under
s. 51.42, except as provided in
s. 51.032. The department shall establish standards that ensure that providers of services meet federal standards for certification of providers of community support program services under the medical assistance program,
42 USC 1396 to
1397e. The department shall develop the standards in consultation with representatives of county departments under
s. 51.42, elected county officials and consumer advocates.
51.421(3)(b)
(b) Ensure the development of a community support program in each county through the provision of technical assistance, consultation and funding.
51.421(3)(c)
(c) Monitor the establishment and the continuing operation of community support programs and ensure that community support programs comply with the standards promulgated by rule. The department shall ensure that the persons monitoring community support programs to determine compliance with the standards are persons who are knowledgeable about treatment programs for persons with serious and persistent mental illness.
51.421(3)(d)
(d) Develop and conduct training programs for community support program staff.
51.421(3)(e)
(e) Distribute, from the appropriation under
s. 20.435 (7) (bL), in each fiscal year for community support program services.
51.421 Cross-reference
Cross Reference: See also chs.
DHS 63 and
65, Wis. adm. code.
51.423(1)(1) The department shall fund, within the limits of the department's allocation for mental health services under
s. 20.435 (7) (b) and
(o) and subject to this section, services for mental illness, developmental disability, alcoholism, and drug abuse to meet standards of service quality and accessibility. The department's primary responsibility is to guarantee that county departments established under either
s. 51.42 or
51.437 receive a reasonably uniform minimum level of funding and its secondary responsibility is to fund programs which meet exceptional community needs or provide specialized or innovative services. Moneys appropriated under
s. 20.435 (7) (b) and earmarked by the department for mental health services under
s. 20.435 (7) (o) shall be allocated by the department to county departments under
s. 51.42 or
51.437 in the manner set forth in this section.
51.423(2)
(2) From the appropriations under
s. 20.435 (7) (b) and
(o), the department shall distribute the funding for services provided or purchased by county departments under
s. 46.23,
51.42, or
51.437 to such county departments as provided under
s. 46.40. County matching funds are required for the distributions under
s. 46.40 (2) and
(9) (b). Each county's required match for the distributions under
s. 46.40 (2) for a year equals 9.89% of the total of the county's distributions under s.
46.40 (2) for that year for which matching funds are required plus the amount the county was required by s.
46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under
s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in
s. 46.40 (9) (ar) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the counties that meet the requirements specified in
sub. (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.
51.423(3)
(3) From the appropriation under
s. 20.435 (7) (bL), the department shall award one-time grants to applying counties that currently do not operate certified community support programs, to enable uncertified community support programs to meet requirements for certification as providers of medical assistance services.
51.423(4)
(4) The department shall prorate the amount allocated to any county department under
sub. (2) to reflect actual federal funds available.
51.423(5)(a)(a) A private donation to a county may be used to match the state grant-in-aid under
s. 46.495 (1) (d) or under
sub. (2) only if the donation is both of the following:
51.423(5)(a)2.
2. Donated without restrictions as to use, unless the restrictions specify that the donation be used for a particular service and the donor neither sponsors nor operates the service.