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 History
History: 1973 c. 284;
1975 c. 41;
1975 c. 94 s.
3;
1975 c. 189 s.
99 (2);
1975 c. 393,
421,
422;
1975 c. 430 ss.
67 to
71,
80;
1977 c. 26,
299,
428;
1977 c. 449 s.
497;
1979 c. 32 s.
92 (1);
1979 c. 110 s.
60 (1);
1979 c. 221;
1981 c. 314 s.
146;
1981 c. 379;
1983 a. 27;
1983 a. 189 s.
329 (19);
1983 a. 219;
1985 a. 29 ss.
1143,
3202 (23);
1987 a. 366;
1989 a. 31,
359;
1991 a. 269;
1993 a. 187,
451;
1995 a. 27,
92;
1997 a. 237,
283.
55.06 Annotation
A "common sense" finding of incompetency was insufficient for placement under this section. If competent when sober, an alcoholic has the right to choose to continue an alcoholic life-style. Guardianship & Protective Placement of Shaw, 87 W (2d) 503, 275 NW (2d) 143 (Ct. App. 1979).
55.06 Annotation
There must be an annual review of each protective placement by a judicial officer. The requirements of ss. 51.15 and 51.20 must be afforded to protectively placed individuals facing involuntary commitment under s. 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
A court's finding of limited incompetence under ch. 880 fulfills the 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 the 30-day limit under sub. (11) (c) before a final hearing was held, the court lost authority to extend the placement. In Matter of Guardianship of N. N., 140 W (2d) 64, 409 NW (2d) 388 (Ct. App. 1987).
55.06 Annotation
A county's duty under sub. (9) (a) to provide the 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
A court may order an agency to do planning and implementation work necessary to fulfill the obligation to order placement conforming to sub. (9) (a) and s. 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 for failure to hold a permanent placement hearing within 30 days of the probable cause hearing; the immediate refiling of the 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
A prima facie case of a violation of this section requires that the complainant was a member of a protected class, was discharged, was qualified for the position and was replaced by someone not in the protected class or or that others not in the protected class were treated more favorably. Knight v. LIRC, 220 W (2d) 137, 582 NW (2d) 448 (Ct. App. 1998).
55.06 Annotation
An emergency protective placement under sub. (11) must be based on personal observation by one of the individuals listed in sub. (11) (a). Costs could not be assessed against the subject of an emergency placement proceeding that was outside the statutory guidelines. Ethelyn I.C. v. Waukesha County, 221 W (2d) 109, 584 NW (2d) 211 (Ct. App. 1998).
55.06 Annotation
Sub. (17) requires the closing of all records filed with respect to ch. 55 proceedings, including the index, docket and files maintained by the register in probate. 67 Atty. Gen. 130.
55.06 Annotation
Under sub. (1) (c), the duty of the corporation counsel is to assist the court and not to act as counsel for private parties petitioning. Under sub. (9) (a), the 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.
