2005 Wisconsin Act 264

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.

Note: The program responsibilities formerly specified in s. 55.04 have been incorporated into newly created definitions of protective services and protective placement in s. 55.01 (6) and (6r), respectively, and into the repealed and recreated version of s. 55.02.

The bill incorporates the provisions of current ss. 55.02 and 55.04 into ss. 55.02 and 55.03.

264,84 Section 84. 55.043 (1) (a) (intro.) of the statutes is amended to read:

55.043 (1) (a) (intro.) If a county protective services agency has probable cause to believe that there is misappropriation of property or neglect or abuse of a vulnerable adult, the county protective services agency may conduct an investigation in Milwaukee County to determine if the vulnerable adult in question is in need of protective services. The county protective services agency shall conduct the investigation in accordance with standards established by the department for conducting the investigations. The investigation shall include at least one of the following:

Note: Deletes a reference to Milwaukee County in the statute that confers authority on a county protective services agency to conduct an investigation into alleged abuse of a vulnerable adult. The effect of this amendment is to permit all counties in the state to exercise this authority.

264,85 Section 85 . 55.043 (1) (a) 1. and 3. of the statutes are amended to read:

55.043 (1) (a) 1. Observation of or an interview with the vulnerable adult, in private to the extent practicable, and with or without consent of his or her guardian or agent under an activated power of attorney for health care, if any.

3. An interview with the guardian or agent under an activated power of attorney for health care, if any, and with the caretaker, if any, of the vulnerable adult.

264,86 Section 86. 55.043 (1) (b) 1. of the statutes is amended to read:

55.043 (1) (b) 1. The vulnerable adult or his or her guardian or agent under an activated power of attorney for health care, if any, consents to the examination.

264,87 Section 87 . 55.043 (1) (b) 2. a. and b. of the statutes are amended to read:

55.043 (1) (b) 2. a. The vulnerable adult has no guardian or agent under an activated power of attorney for health care.

b. The vulnerable adult's guardian or agent under an activated power of attorney for health care refuses to consent to the examination, but the examination is authorized by order of a court.

Note: Sections 85 to 87 insert a reference to an agent under an activated power of attorney for health care, in the event that a vulnerable adult under ch. 55 has such an agent who may act on his or her behalf in protective services or protective placement proceedings.

264,88 Section 88. 55.043 (4) (a) of the statutes is amended to read:

55.043 (4) (a) Offer services, including protective services under s. 55.05, a, protective placement under s. 55.06, relocation assistance, or other services.

264,89 Section 89. 55.043 (4) (b) of the statutes is amended to read:

55.043 (4) (b) Take appropriate emergency action, including provision of emergency protective services under s. 55.13 or emergency protective placement under s. 55.06 55.135, if the county protective services agency considers that the emergency action is in the vulnerable adult's best interests and the emergency action is the least restrictive appropriate intervention.

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

264,90 Section 90. 55.045 of the statutes is amended to read:

55.045 Funding. Except as provided in s. 49.45 (30m) (a), the appropriate county department designated under s. 55.02 shall within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, provide for the reasonable program needs of persons individuals who are protectively placed provided protective placement or who receive protective services under this chapter, including reasonable expenses for the evaluations required by s. 55.06 (8) 55.11. Payment and collections for protective placement or protective services provided in public facilities specified in s. 46.10 shall be governed in accordance with s. 46.10. The department may require that a person an individual who is protectively placed provided protective placement or receives protective services under this chapter provide reimbursement for services or care and custody received, based on the ability of the person individual to pay for such costs.

264,91 Section 91. 55.05 (title) of the statutes is amended to read:

55.05 (title) Protective Voluntary protective services.

264,92 Section 92. 55.05 (2) (intro.) of the statutes is amended to read:

55.05 (2) (intro.) The department or an a county department or agency providing with which the county department contracts under s. 55.02 (2) that provides protective services under s. 55.04 may provide such the services under any of the following conditions:

264,93 Section 93. 55.05 (2) (a) of the statutes is amended to read:

55.05 (2) (a) The person An individual who needs or believes he or she needs protective service may seek such service services requests the services.

264,94 Section 94. 55.05 (2) (b) of the statutes is amended to read:

55.05 (2) (b) Any An interested person may request requests protective services on behalf of a person an individual in need of services. A guardian may request and consent to protective services on behalf of the guardian's ward. An agent under an activated power of attorney for health care may request and consent to protective services on behalf of the agent's principal.

264,95 Section 95. 55.05 (2) (c) of the statutes is repealed.

264,96 Section 96. 55.05 (2) (d) of the statutes is repealed.

264,97 Section 97. 55.05 (3) of the statutes is amended to read:

55.05 (3) Voluntary protective services preferred. An individual shall receive protective services voluntarily unless ordered by the court under s. 55.12, requested by a the individual's guardian or agent under an activated power of attorney for health care, or provided on an emergency basis in accordance with sub. (4) s. 55.13.

Note: Amends current law relating to voluntary protective services, to provide a separate statutory section for voluntary protective services and to insert references to an agent under an activated power of attorney for health care, who may, in some situations, be authorized to request and consent to protective services for a principal.

264,98 Section 98. 55.05 (4) (title) and (a) of the statutes are renumbered 55.13 (title) and (1) and amended to read:

55.13 (title) Emergency protective services. (1) Emergency protective services may be provided for not more than 72 hours where when there is reason to believe that, if the emergency protective services are not provided, the person individual entitled to the services or others will incur a substantial risk of serious physical harm.

264,99 Section 99. 55.05 (4) (b) of the statutes is renumbered 55.13 (4) and amended to read:

55.13 (4) Where If it is necessary to forcibly enter a premises forcibly to provide or investigate the need for emergency protective services, the representative of an agency or staff member of a county protective services agency department shall obtain a court order authorizing entry and shall make the entry accompanied by a sheriff, police officer, or member of a fire department. When it appears probable that substantial physical harm, irreparable injury, or death may occur to an individual, the police officer, fire fighter, or sheriff may enter a premises without a court order if the time required to obtain such an order would result in greater risk of physical harm to the individual.

264,100 Section 100. 55.05 (4) (c) of the statutes is renumbered 55.13 (5) and amended to read:

55.13 (5) Where If a forcible entry is made under par. (b) sub. (4), a report of the exact circumstances , including the date, time, place, factual basis for the need of such the entry, and the exact services rendered, shall be made and forwarded to the court within 14 days of after entry by the person making such the entry.