46.03 Department, powers and duties.
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/wi/chapter-46/46-03-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
46.03 Department, powers and duties. The department shall:
(1)Institutions governed. Maintain and govern the Mendota and the Winnebago mental health institutes; the secure mental health facility established under s. 46.055 ; and the centers for the developmentally disabled.
(2)Supervision over property. Supervise, manage, preserve and care for the buildings, grounds and other property pertaining to said institutions, and promote the objects for which they are established.
(2a)Gifts. Be authorized to accept gifts, grants or donations of money or of property from private sources to be administered by the department for the execution of its functions.
(3)Trustee duty. Take and hold in trust, whenever it considers acceptance advantageous, all property transferred to the state to be applied to any specified purpose, use or benefit pertaining to any of the institutions under its control or the inmates thereof, and apply the same in accordance with the trust; and when ordered by the court, act as trustee of funds paid for the support of any child if appointed by the court or a circuit court commissioner under s. 767.82
(7).
(4)Education and prevention.
(a)Develop and maintain education and prevention programs that it considers to be proper.
(b)In order to discharge more effectively its responsibilities under this chapter and other relevant provisions of the statutes, be authorized to study causes and methods of prevention and treatment of mental illness, mental deficiency, mental infirmity, and related social problems, including establishment of demonstration projects to apply and evaluate such methods in actual cases. The department is directed and authorized to utilize all powers provided by the statutes, including the authority under sub.
(2a), to accept grants of money or property from federal, state, or private sources, and to enlist the cooperation of other appropriate agencies and state departments. The department may enter into agreements with local government subdivisions, departments, and agencies for the joint conduct of these projects, and it may purchase services when considered appropriate.
(5)Mental hygiene.
(a)Execute the laws relating to the custody, care and treatment of mentally ill, mentally infirm and mentally deficient persons, inebriates and drug addicts. It shall examine all institutions, public and private, authorized to receive and care for such persons, and inquire into the method of government and the management of persons therein, and examine into the condition of buildings, grounds and other property connected with any such institution and into matters relating to its management.
(b)Direct the psychiatric field work, aftercare and community supervision and exercise such powers in relation to prevention as the department deems appropriate.
(7)Children and youth.
(a)Promote the enforcement of laws for the protection of developmentally disabled children; and to this end cooperate with courts assigned to exercise jurisdiction under chs. 48 and 938 , licensed child welfare agencies, and public and private institutions and take the initiative in all matters involving the interests of those children when adequate provision for those interests has not already been made, including the establishment and enforcement of standards for services provided under ss. 48.345 and 48.347 .
(bm)Maintain a file containing records of artificial inseminations under s. 891.40 and statements acknowledging paternity under s. 69.15
(b). The department may release those records and statements only upon an order of the court except that the department may use nonidentifying information concerning artificial inseminations for the purpose of compiling statistics, and statements acknowledging paternity shall be released without a court order to the department of children and families or a county child support agency under s. 59.53
(5)upon the request of that department or county child support agency pursuant to the program responsibilities under s. 49.22 or to any other person with a direct and tangible interest in the statement.
(10)Training staff. In its discretion, conduct a training program of in-service training and staff development; and, in cooperation with educational institutions, provide facilities for work experience for students, including subsistence.
(13)Charges. In compliance with the compensation plan established under s. 230.12
(3), have authority to make and determine charges for meals, living quarters, laundry and other services furnished to employees of the several institutions and members of the employee’s family maintained as such. All moneys received from each person on account of these services shall be used for operation of the institutions under s. 20.435
(a)and
(gk). If a chaplain employed in any state institution administered by the department is not furnished a residence by the state, $1,800 or 20 percent of the chaplain’s salary, whichever is greater, is designated as his or her housing allowance.
(14)Vending stands. Establish and maintain a revolving fund not exceeding $60,000 in any of the state institutions administered by the department, for the education, recreation and convenience of the patients, inmates and employees, to be used for the operation of vending stands, canteen operations, reading clubs, musical organizations, religious programs, athletics and similar projects. The funds are exempt from s. 20.906 , but are subject to audit by the department and the legislative audit bureau in its discretion.
(15)Commissary. Pursuant to its rules the department may, with the approval of the governor and the director of personnel, provide employees in its institutions with laundry, food, housing and necessary furnishings.
(17)Purchase of care and services. Be empowered to contract with public or voluntary agencies or others:
(a)To purchase in full or in part care and services which it is authorized by any statute to provide as an alternative to providing such care and services itself.
(b)To purchase or provide in full or in part the care and services which county agencies may provide or purchase under any statute and to sell to county agencies such portions thereof as the county agency may desire to purchase.
(d)To sell services, under contract, which the department is authorized to provide by statute, to any federally recognized tribal governing body.
(18)Uniform fee schedule, liability and collections.
(a)Except as provided in s. 46.10
(b)and
(c), the department shall establish a uniform system of fees for services provided or purchased by the department, or a county department under s. 46.215 , 46.22 , 51.42 , or 51.437 , except for services provided under ch. 48 and subch. III of ch. 49 ; community-based juvenile delinquency-related services; juvenile correctional services; services provided to courts; and outreach, information, and referral services; or when, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215 , 46.22 , 51.42 , or 51.437 shall apply the fees that it collects under this program to cover the cost of those services.
(am)Paragraph
(a)also does not prevent a county department under s. 51.42 or 51.437 from charging and collecting the cost of an examination ordered under s. 938.295
(a)as authorized under s. 938.295
(c).
(ar)Subject to s. 46.995 , a county may retain fees that it collects under this subsection for services the county provides without state funding under the disabled children’s long-term support program.
(b)Except as provided in s. 46.10
(b)and
(c), any person receiving services provided or purchased under par.
(a)or the spouse of the person and, in the case of a minor, the parents of the person, and, in the case of a foreign child described in s. 48.839
(1)who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, shall be liable for the services in the amount of the fee established under par.
(a). If a minor receives services without consent of a parent or guardian under s. 51.138 or 51.47 , the department or, if applicable, the county department shall base the fee solely on the minor’s ability to pay.
(c)The department shall make collections from the person who in the opinion of the department is best able to pay, giving due regard to the present needs of the person or of his or her lawful dependents. The department may bring action in the name of the department to enforce the liability established under par.
(b). The department may not collect from the parent of a minor receiving treatment for alcohol or drug abuse, except as provided in s. 51.47 . This paragraph does not apply to the recovery of fees for the care and services specified under s. 46.10 .
(d)The department may compromise or waive all or part of the liability for services received. The sworn statement of the collection and deportation counsel appointed under s. 46.10
(7)or the department secretary, shall be evidence of the services provided and the fees charged for such services.
(e)The department may delegate to county departments under s. 46.215 , 46.22 , 51.42 or 51.437 and other providers of care and services the powers and duties vested in the department by pars.
(c)and
(d)as it deems necessary to efficiently administer this subsection, subject to such conditions as the department deems appropriate.