2005 Wisconsin Act 264

264,61 Section 61 . 51.421 (3) (c) of the statutes is amended to read:

51.421 (3) (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 chronic serious and persistent mental illness.

Note: Sections 59 to 61 revise the term "chronic mental illness" to "serious and persistent mental illness".

264,62 Section 62. 51.437 (4) (c) of the statutes is amended to read:

51.437 (4) (c) County liability for care and services purchased through or provided by a county department of developmental disabilities services established under this section shall be based upon the client's county of residence except for emergency services for which liability shall be placed with the county in which the individual is found. For the purpose of establishing county liability, "emergency services" means those services provided under the authority of s. 55.05 (4), 2003 stats., or s. 55.06 (11) (a), 2003 stats., or s. 51.15, 55.05 (4) or 55.06 (11) (a), 55.13, or 55.135. Nothing in this paragraph prevents recovery of liability under s. 46.10 or any other statute creating liability upon the individual receiving a service or any other designated responsible party.

Note: Changes cross-references to emergency protective services and emergency protective placement, the provisions of which are renumbered in this bill.

264,63 Section 63. 51.437 (4r) (b) of the statutes is amended to read:

51.437 (4r) (b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), any subunit of the county department of developmental disabilities services acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of developmental disabilities services, with a resource center, care management organization or family care district, or with any person providing services to the client under a purchase of services contract with the county department of developmental disabilities services or with a resource center, care management organization or family care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of developmental disabilities services to coordinate the delivery of services to the client.

Note: Changes a cross-reference to access to records in protective placement and services cases, the provisions of which are renumbered in this bill.

264,64 Section 64 . 51.67 (intro.) of the statutes is amended to read:

51.67 Alternate procedure; protective services. (intro.) If, after a hearing under s. 51.13 (4) or 51.20, the court finds that commitment under this chapter is not warranted and that the subject individual is a fit subject for guardianship and protective placement or services, the court may, without further notice, appoint a temporary guardian for the subject individual and order temporary protective placement or services under ch. 55 for a period not to exceed 30 days. Temporary protective placement for an individual in a center for the developmentally disabled is subject to s. 51.06 (3). Any interested party may then file a petition for permanent guardianship or protective placement or services, including medication, under ch. 55. If the individual is in a treatment facility, the individual may remain in the facility during the period of temporary protective placement if no other appropriate facility is available. The court may order psychotropic medication as a temporary protective service under this section if it finds that there is probable cause to believe the individual is not competent to refuse psychotropic medication and that the medication ordered will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for and participate in subsequent legal proceedings. An individual is not competent to refuse psychotropic medication if, because of chronic serious and persistent mental illness, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to the individual, one of the following is true:

264,65 Section 65 . 51.67 (2) of the statutes is amended to read:

51.67 (2) The individual is substantially incapable of applying an understanding of the advantages, disadvantages and alternatives to his or her chronic serious and persistent mental illness in order to make an informed choice as to whether to accept or refuse psychotropic medication.

Note: Sections 64 and 65 revise the term "chronic mental illness" to "serious and persistent mental illness".

264,66 Section 66. 55.001 of the statutes is amended to read:

55.001 Declaration of policy. The legislature recognizes that many citizens of the state, because of the infirmities of aging, chronic serious and persistent mental illness, mental retardation, other degenerative brain disorder, developmental disabilities, or other like incapacities incurred at any age, are in need of protective services or protective placement. Except as provided in s. 49.45 (30m) (a), these the protective services or protective placement should, to the maximum degree of feasibility under programs, services and resources that the county board of supervisors is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, allow the individual the same rights as other citizens, and at the same time protect the individual from exploitation, abuse, and degrading treatment. This chapter is designed to establish those protective services and protective placements, to assure their availability to all persons individuals when in need of them, and to place the least possible restriction on personal liberty and exercise of constitutional rights consistent with due process and protection from abuse, exploitation, and neglect.

Note: Inserts references to both protective services and protective placements. Also, revises terminology to delete the terms "infirmities of aging" and "mental retardation"; to insert a new term, "degenerative brain disorder" to replace "infirmities of aging"; and to replace the word "chronic" with the term "serious and persistent".

264,67 Section 67. 55.01 (1d) of the statutes is created to read:

55.01 (1d) "Activated power of attorney for health care" means a power of attorney for health care that has taken effect in the manner specified in s. 155.05 (2).

Note: Creates a definition of "activated power of attorney for health care", a term which is used in this bill.

264,68 Section 68 . 55.01 (1v) of the statutes is created to read:

55.01 (1v) "Degenerative brain disorder" means the loss or dysfunction of brain cells to the extent that an individual is substantially impaired in his or her ability to provide adequately for his or her own care or custody.

Note: Creates a definition of "degenerative brain disorder", which is a new term created in this bill to replace the outdated term "infirmities of aging".

264,69 Section 69. 55.01 (2) of the statutes is amended to read:

55.01 (2) "Developmentally disabled person" means any individual having a disability attributable to mental retardation, cerebral palsy, epilepsy, autism or another neurological condition closely related to mental retardation or requiring treatment similar to that required for mentally retarded individuals, which has continued or can be expected to continue indefinitely, substantially impairs the an individual from adequately providing for his or her own care or custody, and constitutes a substantial handicap to the afflicted individual. The term does not include a person affected by senility which dementia that is primarily caused by the process of aging or the infirmities of aging degenerative brain disorder.

Note: Revises the term "infirmities of aging" to "degenerative brain disorder".

264,70 Section 70. 55.01 (3) of the statutes is repealed.

Note: Section 68 creates a new definition of "degenerative brain disorder", which is created to replace the repealed definition "infirmities of aging".

264,71 Section 71. 55.01 (4) of the statutes is renumbered 55.01 (4) (intro.) and amended to read:

55.01 (4) (intro.) "Interested person" means any adult of the following:

(a) An adult relative or friend of a person an individual sought to be protected under this subchapter; or any chapter.

(b) Any official or representative of a public or private agency, corporation or association concerned with the person's individual's welfare.

Note: Revises the term "interested person".

264,72 Section 72. 55.01 (4) (c) of the statutes is created to read:

55.01 (4) (c) A health care agent, as defined in s. 155.01 (4).

Note: Includes a health care agent in the definition of "interested person".

264,73 Section 73. 55.01 (4g) of the statutes is amended to read:

55.01 (4g) "Intermediate facility" has the meaning given in s. 46.279 (1) (a) (b).

264,74 Section 74. 55.01 (4t) of the statutes is amended to read:

55.01 (4t) "Nursing facility" has the meaning given in s. 46.279 (1) (b) (c).

264,75 Section 75. 55.01 (6), (6m), (6p) and (6r) of the statutes are created to read:

55.01 (6) "Protective placement" means a placement that is made to provide for the care and custody of an individual.

(6m) "Protective placement facility" means a facility to which a court may under s. 55.12 order an individual to be provided protective placement for the primary purpose of residential care and custody.

(6p) "Protective placement unit" means a ward, wing, or other designated part of a placement facility.

(6r) "Protective services" includes any of the following:

(a) Outreach.

(b) Identification of individuals in need of services.

(c) Counseling and referral for services.

(d) Coordination of services for individuals.

(e) Tracking and follow-up.

(f) Social services.

(g) Case management.

(h) Legal counseling or referral.

(i) Guardianship referral.

(j) Diagnostic evaluation.

(k) Any services that, when provided to an individual with developmental disabilities, degenerative brain disorder, serious and persistent mental illness, or other like incapacity, keep the individual safe from abuse, neglect, or misappropriation of property or prevent the individual from experiencing deterioration or from inflicting harm on himself or herself or another person.

Note: Creates a definition of protective placement. This definition is derived from the first sentence of s. 55.06 (1). Creates a definition of protective services. This definition incorporates the noninclusive list of possible services from current s. 55.04 (1) (a), and specifies that "protective services" includes any services that are intended to keep specified individuals safe from abuse, neglect, or misappropriation of property, or prevent the individual from inflicting harm on himself or herself or another person.

264,76 Section 76. 55.01 (6t) of the statutes is created to read:

55.01 (6t) "Residence" means the voluntary concurrence of an individual's physical presence with his or her intent to remain in a place of fixed habitation. Physical presence is prima facie evidence of intent to remain.

Note: Creates a definition of "residence" for use in ch. 55. This definition is based on the definition of "residence" in s. 49.001.

264,77 Section 77. 55.01 (6v) of the statutes is created to read:

55.01 (6v) "Serious and persistent mental illness" has the meaning given in s. 51.01 (14t).

Note: Creates a definition of "serious and persistent mental illness", which is used in this bill and replaces the outdated term "chronic mental illness".

264,78 Section 78. 55.01 (6x) of the statutes is created to read:

55.01 (6x) "Treatment facility" has the meaning given in s. 51.01 (19).

Note: Provides that in ch. 55, "treatment facility" has the same definition as in ch. 51: "any publicly or privately operated facility or unit thereof providing treatment of alcoholic, drug dependent, mentally ill or developmentally disabled persons, including but not limited to inpatient and outpatient treatment programs, community support programs and rehabilitation programs".

264,79 Section 79. 55.01 (6y) of the statutes is created to read:

55.01 (6y) "Voluntary" means according to an individual's free choice, if competent, or by choice of a guardian, if adjudicated incompetent.

Note: Creates a definition of "voluntary", a term which is used in this bill.

264,80 Section 80. 55.02 of the statutes is repealed and recreated to read:

55.02 Protective services and protective placement: duties. (1) Department duties. (a) The department shall do all of the following:

1. Cooperate with county departments to develop and operate a coordinated, statewide system for protective services and protective placement.

2. Monitor and supervise the implementation and operation of the protective services and protective placement system.

3. Provide technical assistance to county departments providing protective services and protective placement.

4. Evaluate the protective services and protective placement system.

(b) The department may provide protective services and protective placement directly or contract for the provision of protective services or protective placement.

(2) County department duties. (a) The chairperson of each county board of supervisors shall designate a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 that is providing services in the county on its own or through a joint mechanism with another county department or county to have the responsibility for planning for the provision of protective services and protective placement and for directly providing protective services, protective placement, or both, or entering into a contract under s. 46.036 with a responsible agency for the provision of protective services, protective placement, or both.

(b) In addition to the responsibilities specified in par. (a), the county department shall:

1. Monitor and evaluate protective services and protective placements.

2. Prepare and submit reports required by the department, or by a court if protective services or protective placement are ordered by a court.

3. Develop requirements for submittal by guardians of the person of reports to the county department under s. 880.38 (3).

4. Designate at least one appropriate medical facility or protective placement facility as an intake facility for the purpose of emergency protective placements under s. 55.135.

Note: Revises the duties of the DHFS and the county departments to more accurately reflect the actual role of each in the protective services and protective placement system. Also, creates a new requirement that each county department must designate an appropriate intake facility for emergency protective placements.

264,81 Section 81. 55.03 of the statutes is renumbered 55.03 (1) and amended to read:

55.03 (1) Agency as guardian. No agency acting as a guardian appointed under ch. 880 shall may be a provider of protective services or protective placement for its ward under this chapter.

(2) Transfer of guardianship and legal custody. Nothing in this chapter shall may be construed to prohibit the transfer of guardianship and legal custody under s. 48.427 or s. 48.43.

264,82 Section 82. 55.04 (title) and (1) to (3) of the statutes are repealed.

264,83 Section 83. 55.04 (4) of the statutes is renumbered 55.03 (3) and amended to read:

55.03 (3) Guardian authority and responsibility applicable to parent of minor. Where any responsibility or authority is created under this chapter upon or in relation to a guardian, such the responsibility or authority is deemed to apply to a parent or person in the place of a parent in the case of a minor who is or who is alleged to be developmentally disabled.