Wisconsin Code § 938.361

Payment for alcohol and other drug abuse services
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(1) DEFINITIONS. In this section:
(a) “Alcohol and other drug abuse services” means all of the
following:
1. Any alcohol or other drug abuse examination or assessment ordered under s. 938.295 (1), 938.34 (14s) (b) 1. , 938.343
(10) (a) or 938.344 (2g) (a) 1.
2. Any special treatment or care that relates to alcohol or
other drug abuse services ordered under s. 938.34 (6) (a) or (am).
3. Any alcohol or other drug abuse treatment or education ordered by a court under s. 938.32 (1g) or 938.34 (6) (a) or (am),
(6r), or (14s) (b) 1. or 2.; or made available to a juvenile under s.
938.34 (3) (f) 4.
(b) “Municipality” means a city, village or town.
(2) PAYMENT BY PARENT OR INSURER. (a) 1. If a juvenile’s
parent neglects, refuses or is unable to provide alcohol and other
drug abuse services for the juvenile through his or her health insurance or other 3rd-party payments, notwithstanding s. 938.36
(3) the court assigned to exercise jurisdiction under this chapter
and ch. 48 or municipal court may order the parent to pay for the
alcohol and drug abuse services. If the parent consents to provide
alcohol and other drug abuse services for a juvenile through his
or her health insurance or other 3rd-party payments but the health
insurance provider or other 3rd-party payer refuses to provide the
alcohol and other drug abuse services the court assigned to exercise jurisdiction under this chapter and ch. 48 or municipal court
may order the health insurance provider or 3rd-party payer to pay
for the alcohol and other drug abuse services in accordance with
the terms of the parent’s health insurance policy or other 3rdparty payment plan.
2. This paragraph applies to payment for alcohol and other
drug abuse services in any county, including pilot counties under
s. 938.547.
(am) 1. If a court assigned to exercise jurisdiction under this
chapter and ch. 48 in a pilot county under s. 938.547 finds that
payment cannot be attained under par. (a), the court may order
payment under par. (b).
2. If a court assigned to exercise jurisdiction under this chapter and ch. 48 in a county that is not a pilot county under s.
938.547 finds that payment cannot be attained under par. (a), the
court may order payment under s. 938.34 (6) (ar) or 938.36.
3. If a municipal court finds that payment cannot be attained
under par. (a), the municipal court may order the municipality
over which the municipal court has jurisdiction to pay for any alcohol and other drug abuse services ordered by the municipal
court.
(b) 1. In pilot counties under s. 938.547, in addition to ordering payment under par. (a), the court assigned to exercise jurisdiction under this chapter and ch. 48 may order a county department
of human services established under s. 46.23 or a county department established under s. 51.42 or 51.437 in the juvenile’s county
of legal residence to pay for the alcohol and other drug abuse services whether or not custody has been taken from the parent.
2. If a court orders a county department established under s.
51.42 or 51.437 to provide alcohol and other drug abuse services
under this paragraph, the provision of the service is subject to
conditions specified in ch. 51.
(c) Payment for alcohol and other drug abuse services by a
county department or municipality under this section does not
prohibit the county department or municipality from contracting
with another county department, municipality, school district, or
approved treatment facility for the provision of alcohol and other
drug abuse services. Payment by the county or municipality under this section does not prevent recovery of reasonable contribution toward the costs of the court-ordered alcohol and other drug
abuse services from the parent based upon the ability of the parent to pay. This subsection is subject to s. 46.03 (18).

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