55.06(11)(d)
(d) A law enforcement agency, fire department, county department designated under
s. 55.02 or an agency designated by that county department shall designate at least one employe authorized to take an individual into custody under this subsection who shall attend the in-service training on emergency detention and emergency protective placement offered by a county department of community programs under
s. 51.42 (3) (ar) 4. d., if the county department of community programs serving the designated employe's jurisdiction offers an in-service training program.
55.06(12)
(12) When a ward lives with the guardian, the guardian may make temporary placement of the ward. Placement may be made to provide the guardian with a vacation or to temporarily release the guardian for a family emergency. Such placement may be made for not more than 30 days but the court may upon application grant an additional period not to exceed 60 days in all. The application shall include such information as the court may reasonably deem necessary. When reviewing the application, the court shall provide the least restrictive placement which is consistent with the needs of the ward.
55.06(14)
(14) Prior to discharge from a protective placement the appropriate board which is responsible for placement shall review the need for provision of continuing protective services or for continuation of full or limited guardianship or provision for such guardianship if the individual has no guardian. Recommendation shall be made to the court if the recommendation includes a course of action for which court approval would be required. Prior to discharge from any state institute or center for the developmentally disabled, the department shall make such review under
s. 51.35.
55.06(15)
(15) A guardian of a ward placed under this section shall have the duty to take reasonable steps to assure that the ward is well treated, properly cared for, and is provided with the opportunity to exercise legal rights. Notice of discharge under
s. 51.35 (4) shall be given to the guardian.
55.06(16)
(16) Placements to centers for the developmentally disabled and discharges from such institutions shall be in compliance with
s. 51.35 (4).
55.06(17)(a)(a) Any records of the court pertaining to protective services or placement proceedings, including evaluations, reviews and recommendations prepared under
sub. (8) (c), are not open to public inspection but are available to:
55.06(17)(a)1.
1. The subject of the proceedings and the subject's guardian at all times.
55.06(17)(a)2.
2. The subject's attorney or guardian ad litem, without the subject's consent and without modification of the records, in order to prepare for any court proceedings relating to the subject's protective services or placement or relating to the subject's guardianship.
55.06(17)(a)3.
3. Other persons only with the informed written consent of the subject as provided in
s. 51.30 (2) or under an order of the court that maintains the records.
55.06(17)(b)
(b) If the subject is an adult who has been adjudged incompetent under
ch. 880 or is a minor, consent for release of information from and access to the court records may be given only as provided in
s. 51.30 (5).
55.06(17)(c)
(c) All treatment and service records pertaining to a person who is protected under this chapter or for whom application has been made for protection under this chapter are confidential and privileged to the subject.
Section 51.30 governs access to treatment and service records.
55.06(18)
(18) An appeal may be taken to the court of appeals from a final judgment or final order under this section within the time period specified in
s. 808.04 (3) and in accordance with
s. 809.40 by the subject of the petition or the individual's guardian, by any petitioner or by the representative of the public.
55.06 Annotation
"Common sense" finding of incompetency was insufficient for placement under this section. If competent when sober, alcoholic has right to choose to continue alcoholic life-style. Guardianship & Protective Placement of Shaw, 87 W (2d) 503, 275 NW (2d) 143 (Ct. App. 1979).
55.06 Annotation
We hold that there must be an annual review of each protective placement by a judicial officer. Requirements of 51.15 and 51.20 must be afforded protectively placed individuals facing involuntary commitment under 55.06 (9) (d) and (e). State ex rel. Watts v. Combined Community Services, 122 W (2d) 65, 362 NW (2d) 104 (1985).
55.06 Annotation
Court's finding of limited incompetence under ch. 880 fulfills incompetency requirement for protective placement under this section. Matter of Guardianship of K. H. K., 139 W (2d) 190, 407 NW (2d) 281 (Ct. App. 1987).
55.06 Annotation
Where placement extended past 30-day limit under (11) (c) before final hearing was held, court lost authority to extend placement. In Matter of Guardianship of N. N., 140 W (2d) 64, 409 NW (2d) 388 (Ct. App. 1987).
55.06 Annotation
County's duty under (9) (a) to provide least restrictive environment is not limited according to funds available through state and federal funds and those county appropriates as matching funds. Protective Placement of D.E.R., 155 W (2d) 240, 455 NW (2d) 239 (1990).
55.06 Annotation
Court may order agency to do planning and implementation work necessary to fulfill obligation to order placement conforming to (9) (a) and 51.61 (1) (e). In Matter of J.G.S., 159 W (2d) 685, 465 NW (2d) 227 (Ct. App. 1990).
55.06 Annotation
Sub. (11) (c) required dismissal of the proceedings on failure to hold permanent placement hearing within 30 days of probable cause hearing; immediate refiling of petition and emergency detention following dismissal without prejudice was impermissible. State ex. rel Sandra D. v. Getto, 175 W (2d) 490, 498 NW (2d) 893 (Ct. App. 1993).
55.06 Annotation
A guardian of a person who, became incompetent after voluntarily entering a nursing home with 16 or more beds, may not consent to the person's continued residence in the home. Upon the appointment of a guardian, the court must hold a protective placement hearing. Guardianship of Agnes T. 189 W (2d) 520, 525 NW (2d) 268 (1995).
55.06 Annotation
Sub. (17) requires the closing of all records filed with respect to ch. 55 proceedings, including index, docket and files maintained by the register in probate. 67 Atty. Gen. 130.
55.06 Annotation
Under (1) (c), duty of corporation counsel is to assist court and not to act as counsel for private parties petitioning. Under (9) (a), court should order protective placement in an existing facility. 68 Atty. Gen. 97.
55.06 Annotation
"Residence" under 55.06 (3) (c) is defined in 49.01 (8g).
76 Atty. Gen. 103.
55.06 Annotation
New legal protection for persons with mental handicaps. Greenley and Zander, WBB April, 1986.
55.06 Annotation
Guardianships and Protective Placements. Viney. Wis. Law. Aug. 1991.
55.06 Annotation
Guardianships and Protective Placements in Wisconsin After
Agnes T. Fennell. Wis. Law. May 1995.
55.07
55.07
Patients' rights. 55.07(1)(1) The rights and limitations upon rights, procedures for enforcement of rights and penalties prescribed in
s. 51.61 apply to persons who receive services under this chapter, whether on a voluntary or involuntary basis.
55.07(2)
(2) A parent who has been denied periods of physical placement under
s. 767.24 (4) (b) or
767.325 (4) may not have the rights of a parent or guardian with respect to access to a child's records under this chapter.
55.07 History
History: 1977 c. 428;
1987 a. 355.
