55.19(3)(e)
(e) Following the hearing under
par. (d), the court shall do one of the following:
55.19(3)(e)1.
1. If the court finds that the individual continues to meet the standards for an order under
s. 55.14 (8), the court shall order the continuation of the order. The court shall include in the decision the information relied upon as a basis for continuation of the order and shall make findings based on the requirements for allegations of a petition under
s. 55.14 (3) in support of the need for continuation of the order.
Effective date text
1. If the court finds that the individual continues to meet the standards for an order under s. 55.14 (8), the court shall order the continuation of the order. The court shall include in the order the information relied upon as a basis for the order and shall make findings based on the requirements for allegations of a petition under s. 55.14 (3) in support of the need for continuation of the order.
55.19(3)(e)2.
2. If the court finds that the individual continues to meet the standards for an order under
s. 55.14 (8) but that modification of the order or the treatment plan would be in the best interests of the individual, the court shall modify the order, order modifications to the individual's treatment plan, or both. Any modifications to the treatment plan are subject to the approval of the guardian. The court shall include in the decision the information relied upon as a basis for continuation of the order and shall make findings based on the requirements for allegations of a petition under
s. 55.14 (3) in support of the need for authorizing the guardian to consent to involuntary administration of psychotropic medication.
Effective date text
2. If the court finds that the individual continues to meet the standards for an order under s. 55.14 (8) but that modification of the order or the treatment plan would be in the best interests of the individual, the court shall modify the order, order modifications to the individual's treatment plan, or both. Any modifications to the treatment plan are subject to the approval of the guardian. The court shall include in the order the information relied upon as a basis for its order and shall make findings based on the requirements for allegations of a petition under s. 55.14 (3) in support of the need for authorizing the guardian to consent to involuntary administration of psychotropic medication.
55.19(3)(e)3.
3. If the court finds that the individual no longer meets the standards for an order under
s. 55.14 (8), the court shall terminate the order. If the order is terminated, the court shall review the needs of the individual with respect to other protective services. If the court determines that the individual meets the standards for other protective services under this chapter that are not currently being provided to the individual, the court may order those protective services for the individual.
Effective date text
3. If the court finds that the individual no longer meets the standards for an order under s. 55.14 (8), the court shall terminate the order. If the order is terminated, the court shall review the needs of the individual with respect to other protective services. If the court determines that the individual meets the standards for other protective services under s. 55.08 (2) that are not currently being provided to the individual, the court may order those protective services for the individual.
55.19(3)(f)
(f) The court shall provide a copy of the order made under
par. (e) to all of the following:
55.19(3)(f)2.
2. The individual's guardian, guardian ad litem, and legal counsel, if any.
55.19(3)(f)3.
3. The facility in which the individual resided, if any, when the petition for annual review was filed.
55.19 History
History: 2005 a. 264,
387; s. 13.93 (2) (c).
55.195
55.195
Duties of guardian ad litem for protective services reviews. In any review of a protective services order made under
s. 55.12, except as provided in
s. 55.19 (2), the guardian ad litem shall do all of the following:
55.195 Note
NOTE: Section 55.195 (intro.) is shown as affected by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c).
55.195(1)
(1) Interview the ward to explain the review procedure, the right to an independent evaluation, the right to counsel, and the right to a hearing.
55.195(2)
(2) Provide the information under
sub. (1) to the ward in writing.
55.195(3)
(3) Request that the court order an additional medical, psychological, or other evaluation of the ward, if necessary.
55.195(4)
(4) Review the annual report and relevant reports on the ward's condition and placement.
55.195(5)
(5) Review the ward's condition, placement, and rights with the guardian.
55.195(6)
(6) If relevant, report to the court that the ward objects to the finding of continuing incompetency, the present or proposed placement, the position of the guardian, or the recommendation of the guardian ad litem as to the best interests of the ward or if there is ambiguity about the ward's position on these matters.
55.195(7)
(7) Provide a summary written report to the court.
55.195(8)
(8) If relevant, report to the court that the ward requests the appointment of counsel or an adversary hearing.
55.195 History
History: 2005 a. 387 ss.
123,
124,
488 to
495; Stats. 2005 s. 55.195; s. 13.93 (2) (c).
55.195 Annotation
The guardian ad litem is entitled to petition for review as an interested person, which includes any official or representative of a public or private agency, corporation, or association concerned with the person's welfare. A guardian ad litem appointed by the circuit court to represent the ward's best interest becomes an official of a public agency concerned with the person's welfare by virtue of that appointment. Linda L. v. Collis, 2006 WI App 105, ___ Wis. 2d ___,
718 N.W.2d 205,
05-0494.
55.20
55.20
Appeals. An appeal may be taken to the court of appeals from a final judgment or final order under this chapter within the time period specified in
s. 808.04 (3) and in accordance with
s. 809.30 by the subject of the petition or the individual's guardian, by any petitioner, or by the representative of the public.
55.20 History
History: 2005 a. 264 s.
155.
55.20 Annotation
The guardian ad litem is entitled to petition for review as an interested person, which includes any official or representative of a public or private agency, corporation, or association concerned with the person's welfare. A guardian ad litem appointed by the circuit court to represent the ward's best interest becomes an official of a public agency concerned with the person's welfare by virtue of that appointment. Linda L. v. Collis, 2006 WI App 105, ___ Wis. 2d ___,
718 N.W.2d 205,
05-0494.
55.21
55.21
Centers for the developmentally disabled. Protective placements to centers for the developmentally disabled and discharges from such institutions shall be in compliance with
s. 51.35 (4).
55.21 History
History: 2005 a. 264 s.
153.
55.22(1)(1) No records of the court pertaining to protective services or protective placement proceedings, including evaluations, reviews and recommendations prepared under
s. 55.11 (1) (c), are open to public inspection but any record is available to all of the following:
55.22(1)(a)
(a) The individual who is the subject of the proceedings and the individual's guardian at all times.
55.22(1)(b)
(b) The individual's attorney or guardian ad litem, without the individual's consent and without modification of the records, in order to prepare for any court proceedings relating to the individual's protective services or protective placement or relating to the individual's guardianship.
55.22(1)(c)
(c) Other persons only with the informed written consent of the individual as provided in
s. 51.30 (2) or under an order of the court that maintains the records.
55.22(2)
(2) If the individual 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. If the subject is an adult who has been adjudicated incompetent in this state, consent for release of information from and access to court records may be given only as provided in
s. 54.75.
55.22 Note
NOTE: Sub. (2) is shown as affected by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c).
55.22(3)
(3) All treatment and service records pertaining to an individual who is protected under this chapter or for whom application has been made for protection under this chapter are confidential.
Section 51.30 governs access to treatment and service records.
55.22 History
History: 2005 a. 264 s.
154;
2005 a. 387 s.
120; s. 13.93 (2) (c).
55.23
55.23
Patients' rights. 55.23(1)(1) The rights and limitations upon rights, procedures for enforcement of rights, and penalties prescribed in
s. 51.61 apply to individuals who receive services under this chapter, whether on a voluntary or involuntary basis.
55.23(2)
(2) A parent who has been denied periods of physical placement under
s. 767.41 (4) (b) or
767.451 (4) may not have the rights of a parent or guardian with respect to access to a minor's records under this chapter.
55.23 History
History: 1977 c. 428;
1987 a. 355;
2005 a. 264 s.
156; Stats. 2005 s. 55.23;
2005 a. 443 s.
265.
55.23 Annotation
A guardian has general authority to consent to medication for a ward, but may consent to psychotropic medication only in accordance with ss. 880.07 (1m) and 880.33 (4m) and (4r). The guardian's authority to consent to medication or medical treatment of any kind is not affected by an order for protective placement or services.
OAG 5-99.
