46.23(5)(c)1.1. Shall determine whether state mandated services, except for services under ch. 48 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile correctional services, are provided by, purchased from, or contracted for with local providers, and monitor the performance of those contracts. Purchase of services contracts shall be subject to the conditions specified in s. 46.036. 46.23(5)(c)2.2. Shall determine whether state mandated services under ch. 48 and subch. III of ch. 49 and state-mandated community-based juvenile delinquency-related services are provided by, purchased from, or contracted for with local providers, and monitor the performance of those contracts. Purchase of services contracts shall be subject to the conditions specified in s. 49.34. 46.23(5)(c)3.3. Shall monitor the performance of contracts for the purchase of juvenile correctional services. 46.23(5)(d)(d) Shall determine, subject to the approval of the county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services and with the advice of the county human services director appointed under par. (f), whether services are to be provided directly by the county department of human services or contracted for with other providers and make such contracts. The county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services may elect to require the approval of any such contract by the county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services. 46.23(5)(e)(e) Shall represent human service agencies, professionals and consumers of services in negotiations with the state and federal governments. 46.23(5)(f)(f) Shall appoint a county human services director on the basis of recognized and demonstrated interest in and knowledge of human services problems, with due regard to training, experience, executive and administrative ability and general qualification and fitness for the performance of the duties of the county human services director. The appointment is subject to the personnel policies and procedures established by each county board of supervisors which participated in the appointment of the county human services board. 46.23(5)(g)(g) Shall appoint advisory committees for the purpose of receiving community, professional or technical information concerning particular policy considerations. 46.23(5)(h)(h) Shall determine the number and location of outstations when appropriate to meet service demands. 46.23(5)(i)(i) May recommend the removal of the county human services director to each county board of supervisors which participated in the appointment of the county human services board, and each such county board of supervisors may remove the county human services director by a two-thirds vote of each such county, on due notice in writing. 46.23(5)(j)(j) Shall develop county human services board operating procedures. 46.23(5)(k)(k) Shall oversee the operation of one or more service delivery programs. 46.23(5)(m)(m) May perform such other general functions necessary to administer the program. 46.23(5)(n)1.1. Shall submit a final budget in accordance with s. 46.031 (1) for authorized services, except for services under ch. 48 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile correctional services. Notwithstanding the categorization of or limits specified for funds allocated under s. 46.495 or 51.423 (2), with the approval of the department of health services the county human services board may expend those funds consistent with any service provided under s. 46.495 or 51.42. 46.23(5)(n)2.2. Shall submit a final budget in accordance with s. 49.325 (1) for authorized services under ch. 48 and subch. III of ch. 49 and for authorized community-based juvenile delinquency-related services. Notwithstanding the categorization of or limits specified for funds allocated under s. 48.569, with the approval of the department of children and families the county human services board may expend those funds consistent with any service provided under s. 48.569. 46.23(5)(o)(o) Shall cooperate to the extent feasible with the school board, health planning agencies, law enforcement agencies, and other human service agencies, committees and planning bodies in the geographic area served by the county human services board. 46.23(5m)(5m) Powers and duties of county human services board in certain counties with a county executive or county administrator. A county human services board appointed under sub. (4) (b) 2. shall: 46.23(5m)(a)(a) Appoint committees consisting of residents of the county to advise the county human services board as it deems necessary. 46.23(5m)(b)(b) Recommend program priorities and policies, identify unmet service needs and prepare short-term and long-term plans and budgets for meeting such priorities and needs. 46.23(5m)(c)(c) Prepare, with the assistance of the county human services director under sub. (6m) (e), a proposed budget for submission to the county executive or county administrator; a final budget for submission to the department of health services in accordance with s. 46.031 (1) for authorized services, except services under ch. 48 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile correctional services; and a final budget for submission to the department of children and families in accordance with s. 49.325 for authorized services under ch. 48 and subch. III of ch. 49 and for authorized community-based juvenile delinquency-related services. 46.23(5m)(d)(d) Advise the county human services director under sub. (6m) regarding purchasing and providing services and the selection of purchase of service vendors, and make recommendations to the county executive or county administrator regarding modifications in such purchasing, providing and selection. 46.23(5m)(e)(e) Develop county human services board operating procedures. 46.23(5m)(g)(g) Assist in arranging cooperative working agreements with persons providing health, education, vocational or welfare services related to services provided under this section. 46.23(6)(6) Powers and duties of county human services director in certain counties. 46.23(6)(a)(a) A county human services director appointed under sub. (5) (f) shall have all of the administrative and executive powers and duties of managing, operating, maintaining, and improving the services and programs of the county department of human services. Those powers and duties are subject to the rules promulgated by the department of health services for programs, except that, with respect to services or programs under ch. 48 and subch. III of ch. 49 and community-based juvenile delinquency-related services or programs, those powers and duties are subject to the rules promulgated by the department of children and families and, with respect to the purchase of juvenile correctional services or programs, those powers and duties are subject to the rules promulgated by the department of corrections. In consultation with the county human services board under sub. (5) and subject to its approval, the county human services director shall prepare all of the following: 46.23(6)(a)1.1. An annual comprehensive plan and budget of all funds necessary for the program and services authorized by this section in which priorities and objectives for the year are established as well as any modifications of long-range objectives. 46.23(6)(a)3.3. Such other reports as are required by the secretary of health services, by the secretary of corrections, or by the secretary of children and families and the county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services. 46.23(6)(c)(c) A county human services director under this subsection shall make recommendations to the county human services board under sub. (5) for: 46.23(6)(c)2.2. Changes in the organization and management of the program. 46.23(6)(e)(e) A county human services director under this subsection shall comply with state requirements. 46.23(6m)(6m) County human services director in certain counties with a county executive or county administrator. In any county with a county executive or county administrator in which the county board of supervisors has established a single-county department of human services, the county executive or county administrator shall appoint a county human services director on the basis of recognized and demonstrated interest in and knowledge of human services problems, with due regard to training, experience, executive and administrative ability and general qualification and fitness for the performance of the duties of the director. The appointment is subject to confirmation by the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63. The county human services director, subject only to the supervision of the county executive or county administrator, shall: 46.23(6m)(a)(a) Supervise and administer any program for which supervision and administration is authorized under this section. 46.23(6m)(b)(b) Determine administrative and program procedures and administrative policies. 46.23(6m)(c)(c) Determine, subject to the approval of the county board of supervisors and with the advice of the county human services board under sub. (5m), whether services are to be provided directly by the county department of human services or contracted for with other providers and make such contracts. The county board of supervisors may elect to require the approval of any such contract by the county board of supervisors. 46.23(6m)(f)(f) Make recommendations to the county executive or county administrator regarding modifications to the proposed budget prepared by the county human services board under sub. (5m) (c). 46.23(6m)(j)(j) Perform other functions necessary to manage, operate, maintain and improve programs. 46.23(6m)(L)(L) Represent human service agencies, professionals and consumers of services in negotiations with the state and federal governments. 46.23(6m)(m)(m) Determine the number and location of outstations when appropriate to meet service demands. 46.23 HistoryHistory: 1975 c. 39, 224; 1977 c. 29; 1981 c. 20, 93, 291; 1981 c. 329 s. 31; 1983 a. 27 ss. 962, 2202 (20); 1985 a. 29 ss. 844m to 860, 3200 (56) (a); 1985 a. 120, 176, 332; 1987 a. 186; 1987 a. 403 s. 256; 1989 a. 56, 359; 1991 a. 274; 1993 a. 16, 27, 83, 445, 491; 1995 a. 27 ss. 2112 to 2127, 9126 (19), 9130 (4); 1995 a. 64, 201, 352, 417; 1997 a. 3, 164, 268, 283; 1999 a. 9; 2005 a. 264, 388, 406; 2007 a. 20 ss. 878 to 891, 9121 (6) (a); 2007 a. 45, 96; 2009 a. 28, 180; 2011 a. 32; 2015 a. 55; 2017 a. 150; 2017 a. 207 s. 5; 2019 a. 8, 9. 46.23 AnnotationThere is no unconditional guarantee of continued employment under sub. (3) (d); employment is continued during a reorganization unless civil service rules provide otherwise. Dane County v. McCartney, 166 Wis. 2d 956, 480 N.W.2d 830 (Ct. App. 1992). 46.23 AnnotationBoards and directors may view client information without written and informed consent for any purpose related to their powers and duties. 69 Atty. Gen. 273.
46.23 AnnotationOfficers, employees, and directors of public or private entities that furnish “human services” to a county may not be appointed to the board under sub. (4) (a); this provision does not extend to family members of “human services” providers. 80 Atty. Gen. 30. 46.23 AnnotationBecause there is no explicit statutory authority for county human services departments to accept gifts, the statutory scheme contemplates that gifts, grants, and donations to a county human services department created under this section may be accepted only by the county board of supervisors. OAG 1-08. 46.23446.234 Recovery residences; registration. 46.234(1)(1) Definition. In this section, “recovery residence” means a home-like, residential environment that promotes healthy recovery from a substance use disorder and supports persons recovering from a substance use disorder through the use of peer recovery support. 46.234(2)(2) Registration. The department shall establish and maintain a registry of approved recovery residences. Subject to sub. (3), the department shall approve a recovery residence for inclusion in the registry if the recovery residence requests registration from the department and agrees to do or does all of the following: 46.234(2)(a)(a) Operate with integrity, uphold residents’ rights, create a culture of empowerment where residents engage in governance and leadership, and develop abilities to apply the social model form of recovery that focuses on learning from the experiences of peers who are also in recovery. 46.234(2)(b)(b) Provide a home-like, safe, and healthy environment. 46.234(2)(c)(c) Facilitate active recovery and recovery community engagement, model positive social behaviors and relationship enhancement skills, and cultivate residents’ senses of belonging and responsibility toward community. 46.234(2)(d)(d) Maintain an environment in the residence free from alcohol and illicit drugs. 46.234(2)(e)(e) Have courtesy rules for residents and be responsive to concerns of neighbors to the residence. 46.234(2)(f)(f) Display in the residence the code of ethics, grievance procedure, and grievance contact information. 46.234(3)(3) Acceptance of medication-assisted treatment. Beginning on April 1, 2022, the department may not include a recovery residence in the registry if the recovery residence excludes any resident solely on the basis that the resident is participating in medication-assisted treatment. 46.234(4)(4) Registration required for referrals or funding. A recovery residence is not required to register with the department unless the recovery residence seeks referrals under sub. (5) or state or federal funds passing through the state treasury. 46.234(5)(5) Referrals. Upon request for referrals to recovery residences, the department shall provide a list of recovery residences that are included on the registry under sub. (2). The department may limit the list of registered recovery residences provided under this subsection based on the geographical and other preferences specified by the person requesting referrals. 46.234(6)(6) Use of registered designation. A recovery residence may not use the designation of or hold itself out as “registered” or “state approved” unless the recovery residence is included in the registry under sub. (2). 46.234(7)(7) Information required. The recovery residence shall provide at the time of its request for registration for the purpose of inclusion on the registry all of the following information: 46.234(7)(a)(a) The name of any organization that has certified the recovery residence. 46.234(7)(b)(b) The name of any organization under which the recovery residence operates. 46.234(7)(d)(d) The number of residents allowed to reside at the recovery residence. 46.234(8)(8) Revocation of registration. The department shall revoke the registration of a recovery residence if the recovery residence ceases to meet the criteria under sub. (2). 46.234 HistoryHistory: 2019 a. 120. 46.23846.238 Infants and unborn children whose mothers abuse controlled substances, controlled substance analogs, or alcohol. If an agency, as defined in s. 48.981 (1) (ag), receives a report under s. 146.0255 (2) or 146.0257 (2) and that agency is a county department under s. 46.22 or 46.23 or a licensed child welfare agency under contract with that county department, the agency shall offer to provide appropriate services and treatment to the infant and the infant’s mother or to the unborn child, as defined in s. 48.02 (19), and the expectant mother of the unborn child or the agency shall make arrangements for the provision of appropriate services and treatment. If an agency receives a report under s. 146.0255 (2) or 146.0257 (2) and that agency is the department or a licensed child welfare agency under contract with the department, the agency shall refer the report to the county department under s. 51.42 or 51.437 and that county department shall offer to provide, or make arrangements for the provision of, those services and that treatment. 46.24546.245 Information for certain pregnant women. Upon request, a county department under s. 46.215, 46.22 or 46.23 shall distribute the materials described under s. 253.10 (3) (d), as prepared and distributed by the department. A physician who intends to perform or induce an abortion or another qualified physician, as defined in s. 253.10 (2) (g), who reasonably believes that he or she might have a patient for whom the information under s. 253.10 (3) (d) is required to be given, shall request a reasonably adequate number of the materials from the county department under this section or from the department under s. 253.10 (3) (d). An individual may request a reasonably adequate number of the materials. 46.24846.248 Reach Out and Read Wisconsin grants. From the appropriation under s. 20.435 (1) (dx), the department shall distribute moneys to Reach Out and Read, Inc., for the early literacy program known as Reach Out and Read Wisconsin. 46.248 HistoryHistory: 2021 a. 58. 46.26946.269 Determining financial eligibility for long-term care programs. To the extent approved by the federal government, the department or its designee shall exclude any assets accumulated in a person’s independence account, as defined in s. 49.472 (1) (c), and any income or assets from retirement benefits earned or accumulated from income or employer contributions while employed and receiving medical assistance under s. 49.472 in determining financial eligibility and cost-sharing requirements, if any, for a long-term care program under s. 46.275 or 46.277, for the family care program that provides the benefit defined in s. 46.2805 (4), for the Family Care Partnership program, or for the self-directed services option, as defined in s. 46.2897 (1). 46.269 HistoryHistory: 2017 a. 59; 2019 a. 9. 46.27146.271 Long-term support pilot projects. 46.271(1)(a)(a) From the appropriation under s. 20.435 (4) (bd), the department shall award $100,000 in each fiscal year to applying county departments under s. 46.215, 46.22, 46.23, 51.42 or 51.437 or to an aging unit under the conditions specified in par. (c) to establish pilot projects for home and community-based long-term support services. Funds awarded to the pilot projects shall be used to do any of the following: 46.271(1)(a)1.1. Provide administration for projects that serve individuals who are discharged from hospitals and meet one of the eligibility requirements under [s. 46.27 (6r) (b) 1. to 4.]. 46.271 NoteNOTE: The cross-reference in brackets does not exist. 2019 Wis. Act 9 repealed s. 46.27. 46.271(1)(a)2.2. Promote the development of a system of home and community-based long-term support services that is easily accessible to individuals who are eligible for and potentially need these services. 46.271(1)(b)(b) The department shall do all of the following: 46.271(1)(b)1.1. Solicit applications from county departments or aging units for the pilot projects under par. (a).
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