AB100: Bill Text Engrossed

AB100-engrossed, s. 2112u Section 2112u. 51.14 (3) (b) 4. of the statutes is amended to read:

AB100-engrossed,984,24 51.14 (3) (b) 4. Any available information which substantiates the appropriateness of the particular treatment sought for by the minor and that the particular treatment sought is the least restrictive treatment consistent with the needs of the minor.

AB100-engrossed, s. 2112um Section 2112um. 51.14 (3) (g) of the statutes is amended to read:

AB100-engrossed,985,6 51.14 (3) (g) Within 21 days after the filing of a petition under this subsection, the mental health review officer shall hold a hearing on the refusal of the minor or the minor's parent or guardian to provide informed consent for outpatient treatment. The mental health review officer shall provide notice of the date, time and place of the hearing to the minor and the minor's parent or guardian at least 96 hours prior to the hearing.

AB100-engrossed, s. 2112v Section 2112v. 51.14 (3) (h) (intro.) of the statutes is amended to read:

AB100-engrossed,985,15 51.14 (3) (h) (intro.) If following the hearing under par. (g) and after taking into consideration the recommendations, if any, of the county department under s. 51.42 or 51.437 made under par. (e), the mental health review officer finds all of the following, he or she shall issue a written order that, notwithstanding the written, informed consent requirement of s. 51.61 (6), the written, informed consent of the minor, if the minor is refusing to provide consent, or the written, informed consent of the minor's parent or guardian, if the parent or guardian is refusing to provide consent, is not required for outpatient mental health treatment for the minor:

AB100-engrossed, s. 2112vm Section 2112vm. 51.14 (4) (a) of the statutes is amended to read:

AB100-engrossed,985,23 51.14 (4) (a) Within 21 days after the issuance of the order by the mental health review officer under sub. (3) or if the requirements of sub. (3) (f) are satisfied, the minor or his or her parent or guardian may petition a court assigned to exercise jurisdiction under ch. chs. 48 and 938 in the county of residence of the minor's parent or guardian for a review of the refusal of either the minor or his or her the parent or guardian to provide the informed consent for outpatient mental health treatment required under s. 51.61 (6).

AB100-engrossed, s. 2112w Section 2112w. 51.14 (4) (b) of the statutes is amended to read:

AB100-engrossed,986,3 51.14 (4) (b) The petition in par. (a) shall conform to the requirements set forth in sub. (3) (b). If the minor has refused to provide informed consent, a notation of this fact shall be made on the face of the petition.

AB100-engrossed, s. 2112wm Section 2112wm. 51.14 (4) (c) of the statutes is amended to read:

AB100-engrossed,986,11 51.14 (4) (c) If a notation of a minor's refusal to provide informed consent to outpatient mental health treatment appears on the petition, the court shall, at least 7 days prior to the time scheduled for the hearing, appoint counsel to represent the minor if the minor is unrepresented. If the minor's parent or guardian has refused to provide informed consent and the minor is unrepresented, the court shall appoint counsel to represent the minor, if requested by the minor or determined by the court to be in the best interests of the minor.

AB100-engrossed, s. 2112x Section 2112x. 51.14 (4) (g) (intro.) of the statutes is amended to read:

AB100-engrossed,986,19 51.14 (4) (g) (intro.) After the hearing under this subsection, the court shall issue a written order stating that, notwithstanding the written, informed consent requirement of s. 51.61 (6), the written, informed consent of the minor, if the minor refuses to provide consent, or the written, informed consent of the parent or guardian, if the parent or guardian refuses to provide consent, is not required for outpatient mental health treatment for the minor if the court finds all of the following:

AB100-engrossed, s. 2114m Section 2114m. 51.20 (13) (c) 1. of the statutes is amended to read:

AB100-engrossed,987,3 51.20 (13) (c) 1. The court shall designate the facility or service which is to receive the subject individual into the mental health system, except that, if the subject individual is under the age of 22 years and the facility is a center for the developmentally disabled, the court shall may designate only the central a center for the developmentally disabled unless that the department authorizes designation of the northern or southern center has authorize for the placement of individuals under the age of 22 years generally or a center for the developmentally disabled that the department has authorized for the placement of that individual specifically;

AB100-engrossed, s. 2114p Section 2114p. 51.20 (13) (c) 2. of the statutes is amended to read:

AB100-engrossed,987,14 51.20 (13) (c) 2. The county department under s. 51.42 or 51.437 shall arrange for treatment in the least restrictive manner consistent with the requirements of the subject individual in accordance with a court order designating the maximum level of inpatient facility, if any, which may be used for treatment, except that, if the subject individual is under the age of 22 years and the facility is a center for the developmentally disabled, designation shall be only to the central a center for the developmentally disabled unless that the department authorizes has authorized for the placement of the individual at the northern or southern individuals under the age of 22 years generally or to a center for the developmentally disabled that the department has authorized for the placement of that individual specifically; and

AB100-engrossed, s. 2114r Section 2114r. 51.20 (13) (f) of the statutes is amended to read:

AB100-engrossed,988,6 51.20 (13) (f) The county department under s. 51.42 or 51.437 which receives an individual who is committed by a court under par. (a) 3. is authorized to place such individual in an approved treatment facility subject to any limitations which are specified by the court under par. (c) 2. The county department shall place the subject individual in the treatment program and treatment facility which is least restrictive of the individual's personal liberty, consistent with the treatment requirements of the individual. The county department shall have ongoing responsibility to review the individual's needs, in accordance with sub. (17), and transfer the person to the least restrictive program consistent with the individual's needs. If the subject individual is under the age of 22 years and if the facility appropriate for placement or transfer is a center for the developmentally disabled, placement or transfer of the individual shall may be made only to the central a center for the developmentally disabled unless that the department authorizes has authorized for the placement or transfer to the northern or southern of individuals under the age of 22 years generally or to a center for the developmentally disabled that the department has authorized for the placement or transfer of that individual specifically.

AB100-engrossed, s. 2115d Section 2115d. 51.20 (16) (a) of the statutes is amended to read:

AB100-engrossed,988,13 51.20 (16) (a) Except in the case of alcoholic commitments under s. 51.45 (13), any patient who is involuntarily committed for treatment under this chapter, may on the patient's own verified petition, except in the case of a minor who is under 14 years of age, or on the verified petition of the patient's guardian, relative, friend, or any person providing treatment under the order of commitment, request a reexamination or request the court to modify or cancel an order of commitment.

AB100-engrossed, s. 2115g Section 2115g. 51.22 (2) of the statutes is amended to read:

AB100-engrossed,988,21 51.22 (2) Voluntary Except as provided in s. 51.13 (2), voluntary admissions under ss. 51.10, 51.13 and 51.45 (10) shall be through the county department under s. 51.42 or 51.437 serving the person's county of residence, or through the department if the person to be admitted is a nonresident of this state. Admissions through a county department under s. 51.42 or 51.437 shall be made in accordance with s. 51.42 (3) (as) 1. or 51.437 (4rm) (a). Admissions through the department shall be made in accordance with sub. (3).

AB100-engrossed, s. 2120d Section 2120d. 51.30 (5) (a) of the statutes is amended to read:

AB100-engrossed,989,4 51.30 (5) (a) Consent for release of information. The parent, guardian, or person in the place of a parent of a minor or the guardian of an adult adjudged incompetent under ch. 880 may consent to the release of confidential information in court or treatment records. A minor who is aged 14 or more may consent to the release of confidential information in court or treatment records without the consent of the minor's parent, guardian or person in the place of a parent. Consent under this paragraph must conform to the requirements of sub. (2).

AB100-engrossed, s. 2120e Section 2120e. 51.30 (5) (b) 1. of the statutes is amended to read:

AB100-engrossed,989,13 51.30 (5) (b) 1. The guardian of an individual who is adjudged incompetent under ch. 880 shall have access to the individual's court and treatment records at all times. The parent, guardian or person in the place of a parent of a developmentally disabled minor shall have access to the minor's court and treatment records at all times except in the case of a minor aged 14 or older who files a written objection to such access with the custodian of the records. The parent, guardian or person in the place of a parent of other minors shall have the same rights of access as provided to subject individuals under this section.

AB100-engrossed, s. 2120f Section 2120f. 51.30 (5) (b) 2. of the statutes is amended to read:

AB100-engrossed,989,20 51.30 (5) (b) 2. A minor upon reaching the age of 14 shall have access to his or her own court and treatment records, as provided in this section. A minor under the age of 14 shall have access to court records but only in the presence of parent, guardian, counsel, guardian ad litem or judge and shall have access to treatment records as provided in this section but only in the presence of parent, guardian, counsel, guardian ad litem or staff member of the treatment facility.

AB100-engrossed, s. 2120r Section 2120r. 51.35 (1) (bm) of the statutes is amended to read:

AB100-engrossed,990,3 51.35 (1) (bm) Notwithstanding par. (b), transfer of a patient under the age of 22 years to a center for the developmentally disabled may be made only to the central a center for the developmentally disabled unless that the department authorizes the transfer of the patient to the northern or southern has authorized for the transfer of patients under the age of 22 years generally or to a center for the developmentally disabled that the department has authorized for the transfer of that patient specifically.

AB100-engrossed, s. 2120t Section 2120t. 51.35 (3) (a) of the statutes is amended to read:

AB100-engrossed,990,24 51.35 (3) (a) A licensed psychologist of a juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g), or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the facility or institution is, in his or her opinion, in need of services for developmental disability, alcoholism or drug dependency or in need of psychiatric services, and who has obtained voluntary consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the facility or institution, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 and over, the minor and, the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c); and in the case of a minor under the age of 14, only the minor's parent or guardian need consent. The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3). If the department of corrections, upon review of a request for transfer, determines that transfer is appropriate, that department shall immediately notify the department of health and family services and, if the department of health and family services consents, the department of corrections may immediately transfer the individual. The department of corrections shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the treatment facility is located.

AB100-engrossed, s. 2120u Section 2120u. 51.35 (3) (b) of the statutes is amended to read:

AB100-engrossed,991,17 51.35 (3) (b) The court assigned to exercise jurisdiction under chs. 48 and 938 shall determine, based on the allegations of the petition and accompanying documents, whether the transfer is voluntary on the part of the minor if he or she is aged 14 or over, and whether the transfer of the minor to an inpatient facility is appropriate and consistent with the needs of the minor. In the event that If the court is unable to make such determinations that determination based on the petition and accompanying documents, it shall the court may order additional information to be produced as it deems necessary for the court to make such review, and make such determinations the determination within 14 days of after admission, or it the court may hold a hearing within 14 days of after admission. If a notation of the minor's unwillingness appears on the face of the petition, or that if a hearing has been requested by the minor, the minor's counsel, guardian ad litem, parent or guardian, the court shall hold a hearing and appoint counsel or a guardian ad litem for the minor as provided in s. 51.13 (4) (d). At the conclusion of the hearing, the court shall approve or disapprove the request for transfer. If the minor is under the continuing jurisdiction of the court of another county, the court may order the case transferred together with all appropriate records to that court.

AB100-engrossed, s. 2120v Section 2120v. 51.35 (3) (g) of the statutes is amended to read:

AB100-engrossed,992,3 51.35 (3) (g) A parent or guardian of a minor 14 years of age or older who is transferred to a treatment facility under par. (a) may request in writing a return to the juvenile correctional facility or secured child caring institution, as defined in s. 938.02 (15g). In the case of a minor under 14 years of age, the parent or guardian may make the request. Upon receipt of a request for return from a minor 14 years of age or over, the director shall immediately notify the minor's parent or guardian. The minor shall be returned to the juvenile correctional facility or secured child caring institution within 48 hours after submission of the request unless a petition or statement is filed for emergency detention, emergency commitment, involuntary commitment or protective placement.

AB100-engrossed, s. 2126 Section 2126. 51.42 (3) (bm) of the statutes is amended to read:

AB100-engrossed,992,7 51.42 (3) (bm) Educational services. A county department of community programs may not furnish services and programs provided by the department of education public instruction and local educational agencies.

AB100-engrossed, s. 2127 Section 2127. 51.42 (7) (a) 5. of the statutes is amended to read:

AB100-engrossed,992,12 51.42 (7) (a) 5. Ensure that county departments of community programs that elect to provide special education programs to children aged 3 years and under comply with requirements established by the department of education public instruction.

AB100-engrossed, s. 2131 Section 2131. 51.423 (1) of the statutes is amended to read:

AB100-engrossed,992,24 51.423 (1) The department shall fund, within the limits of the department's allocation for mental health services under s. 20.435 (3) (o) and (7) (b), (kw) and (o) and subject to this section, services for mental illness, developmental disability, alcoholism and drug abuse to meet standards of service quality and accessibility. The department's primary responsibility is to guarantee that county departments established under either s. 51.42 or 51.437 receive a reasonably uniform minimum level of funding and its secondary responsibility is to fund programs which meet exceptional community needs or provide specialized or innovative services. Moneys appropriated under s. 20.435 (7) (b) and earmarked by the department for mental health services under s. 20.435 (7) (o) shall be allocated by the department to county departments under s. 51.42 or 51.437 in the manner set forth in this section.

AB100-engrossed, s. 2132 Section 2132. 51.423 (2) of the statutes is amended to read:

AB100-engrossed,993,15 51.423 (2) From the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o), the department shall distribute the funding for services provided or purchased by county departments under s. 46.23, 51.42 or 51.437 to such county departments as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the counties that meet the requirements specified in sub. (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

AB100-engrossed, s. 2132m Section 2132m. 51.423 (12) of the statutes is amended to read:

AB100-engrossed,994,4 51.423 (12) The department may not provide state aid to any county department under s. 51.42 or 51.437 for excessive inpatient treatment. For each county department under ss. 51.42 and 51.437 in each calendar year, sums expended for the 22nd and all subsequent average days of care shall be deemed are considered excessive inpatient treatment. No inpatient treatment provided to children, adolescents a child, adolescent, chronically mentally ill patients, patients patient, patient requiring specialized care at a mental health institute, or patients at the centers patient at a center for the developmentally disabled may be deemed is considered excessive. If a patient is discharged or released and then readmitted within 60 days after such discharge or release from an inpatient facility, the number of days of care following readmission shall be added to the number of days of care before discharge or release for the purpose of calculating the total length of such patient's stay in the inpatient facility.

AB100-engrossed, s. 2133 Section 2133. 51.437 (4r) (a) 1. of the statutes is amended to read:

AB100-engrossed,994,7 51.437 (4r) (a) 1. May not furnish services and programs provided by the department of education public instruction and local educational agencies.

AB100-engrossed, s. 2134 Section 2134. 51.437 (4rm) (a) of the statutes is amended to read:

AB100-engrossed,995,11 51.437 (4rm) (a) A county department of developmental disabilities services shall authorize all care of any patient in a state, local or private facility under a contractual agreement between the county department of developmental disabilities services and the facility, unless the county department of developmental disabilities services governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of developmental disabilities services or its contract agency prior to the admission of a patient to the facility except in the case of emergency services. In cases of emergency, a facility under contract with any county department of developmental disabilities services shall charge the county department of developmental disabilities services having jurisdiction in the county where the individual receiving care is found. The county department of developmental disabilities services shall reimburse the facility, except as provided under par. (c), for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health and family services determines that a charge is administratively infeasible, or unless the department of health and family services, after individual review, determines that the charge is not attributable to the cost of basic care and services. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client. County departments of developmental disabilities services may not reimburse any state institution or receive credit for collections for care received therein by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06, admissions under s. 975.17, 1977 stats., or children placed in the guardianship of the department of health and family services under s. 48.427 or 48.43 or under the supervision of the department of corrections under s. 938.183 (2) or 938.355.

AB100-engrossed, s. 2135 Section 2135. 51.437 (4rm) (c) 1. of the statutes is amended to read:

AB100-engrossed,996,12 51.437 (4rm) (c) 1. Regularly bill the county department of developmental disabilities services for services provided prior to January 1, 1982 as specified in par. (c) 2. a. and 2m. If collections for care received by the department of health and family services prior to January 1, 1982, exceed current billings, the difference shall be remitted to the county department of developmental disabilities services through the appropriation under s. 20.435 (2) (gk). If billings for the quarter ending December 31, 1981, exceed collections for care received by the department of health and family services during the quarter ending December 31, 1981, collections for care provided prior to January 1, 1982, shall be remitted to the county department of developmental disabilities services through the appropriation under s. 20.435 (2) (gk), up to the level of the net amount billed the county department of developmental disabilities services for the quarter ending December 31, 1981. Under this section, collections on or after January 1, 1976, from medical assistance shall be the approved amounts listed by the patient on remittance advices from the medical assistance carrier, not including adjustments due to retroactive rate approval and less any refunds to the medical assistance program. For care provided on and after January 1, 1978, the department of health and family services shall adjust collections from medical assistance to compensate for differences between specific rate scales for care charged to the county department of developmental disabilities services and the average daily medical assistance reimbursement rate. Payment shall be due from the county department of developmental disabilities services within 60 days of the billing date subject to provisions of the contract. If any payment has not been received within 60 days, the department of health and family services shall deduct all or part of the amount due from any payment due from the department of health and family services to the county department of developmental disabilities services.

AB100-engrossed, s. 2136 Section 2136. 51.437 (4rm) (c) 2. b. of the statutes is amended to read:

AB100-engrossed,997,11 51.437 (4rm) (c) 2. b. Bill the county department of developmental disabilities services for services provided on or after January 1, 1982, at 10% of the rate paid by medical assistance, excluding any retroactive rate adjustment December 31, 1997, at $48 per day, if the guardian or parent of the person served does not object to placement of the person in the community and if an independent professional review established under 42 USC 1396a (a) (31) designates the person served as appropriate for community care, including persons who have been admitted for more than 180 consecutive days and for whom the cost of care in the community would be less than $184 per day. The department of health and family services shall use money it receives from the county department of developmental disabilities services to offset the state's share of medical assistance. Payment is due from the county department of developmental disabilities services within 60 days of the billing date, subject to provisions of the contract. If the department of health and family services does not receive any payment within 60 days, it shall deduct all or part of the amount due from any payment the department of health and family services is required to make to the county department of developmental disabilities services. The department of health and family services shall first use collections received under s. 46.10 as a result of care at a center for the developmentally disabled to reduce the costs paid by medical assistance, and shall remit the remainder to the county department of developmental disabilities services up to the portion billed. The department of health and family services shall use the appropriation under s. 20.435 (2) (gk) to remit collection credits and other appropriate refunds to county departments of developmental disabilities services.

AB100-engrossed, s. 2137 Section 2137. 51.437 (4rm) (c) 2m. of the statutes is amended to read:

AB100-engrossed,997,16 51.437 (4rm) (c) 2m. Bill the county department of developmental disabilities services for services provided under s. 51.06 (1) (d) to individuals who are eligible for medical assistance that are not provided by the federal government , using the procedure established under subd. 1.

AB100-engrossed, s. 2138 Section 2138. 51.437 (14) (g) of the statutes is amended to read:

AB100-engrossed,997,21 51.437 (14) (g) Ensure that any county department of developmental disabilities services which elects to provide special education programs to children aged 3 years and under complies with requirements established by the department of education public instruction.

AB100-engrossed, s. 2139 Section 2139. 51.44 (3) (a) of the statutes is amended to read:

AB100-engrossed,998,2 51.44 (3) (a) From the appropriations under s. 20.435 (3) (7) (bt) and (nL) the department shall allocate and distribute funds to counties to provide or contract for the provision of early intervention services to individuals eligible to receive the early intervention services.

AB100-engrossed, s. 2141 Section 2141. 51.45 (4) (d) of the statutes is amended to read:

AB100-engrossed,998,8 51.45 (4) (d) Cooperate with the department of education public instruction, local boards of education, schools, police departments, courts, and other public and private agencies, organizations and individuals in establishing programs for the prevention of alcoholism and treatment of alcoholics and intoxicated persons, and preparing curriculum materials thereon for use at all levels of school education.

AB100-engrossed, s. 2142 Section 2142. 51.45 (5) (b) (intro.) of the statutes is amended to read:

AB100-engrossed,998,19 51.45 (5) (b) (intro.) The department shall select, upon application by counties, county departments under s. 46.215, 46.22, 46.23, 51.42 or 51.437 in up to 8 counties representing various geographical regions and populations and shall, from the appropriations under s. 20.435 (7) (f) and (mb) (3) (fm) and (nL), award a total of not more than $500,000 in grants in each fiscal year to the selected county departments to participate in a program to implement and coordinate alcohol and other drug abuse programs and services relating to primary prevention. The county department in each county receiving funding under this paragraph shall appoint or contract with an alcohol and other drug abuse prevention specialist whose duties shall include all of the following:

AB100-engrossed, s. 2155r Section 2155r. 51.61 (5) (a) of the statutes is amended to read:

AB100-engrossed,999,4 51.61 (5) (a) The department shall establish procedures to assure protection of patients' rights guaranteed under this chapter, and shall, except for the grievance procedures of the Mendota and Winnebago mental health institutes and the a state centers center for the developmentally disabled, implement a grievance procedure which complies with par. (b) to assure that rights of patients under this chapter are protected and enforced by the department, by service providers and by county departments under ss. 51.42 and 51.437. The procedures established by the department under this subsection apply to patients in private hospitals or public general hospitals.

AB100-engrossed, s. 2156d Section 2156d. 51.61 (6) of the statutes is amended to read:

AB100-engrossed,999,23 51.61 (6) Subject to the rights of patients provided under this chapter, the department, county departments under s. 51.42 or 51.437 and any agency providing services under an agreement with the department or those county departments have the right to use customary and usual treatment techniques and procedures in a reasonable and appropriate manner in the treatment of patients who are receiving services under the mental health system, for the purpose of ameliorating the conditions for which the patients were admitted to the system. The written, informed consent of any patient shall first be obtained, unless the person is a minor or has been found not competent to refuse medication and treatment under s. 51.61 (1) (g). In the case of a minor, the written, informed consent of the parent or guardian is required. Except, except as provided under an order issued under s. 51.13 (1) (c), 51.14 (3) (h) or (4) (g), if the minor is 14 years of age or older, the written, informed consent of the minor and the minor's parent or guardian is required. A refusal of either a parent or guardian of a minor 14 years of age or older or the minor's parent or guardian to provide written, informed consent for inpatient mental health treatment is reviewable under s. 51.13 (1) (c) and a refusal of a parent or guardian of a minor to provide written, informed consent for outpatient mental health treatment is reviewable under s. 51.14.

AB100-engrossed, s. 2157 Section 2157. 51.62 (3m) of the statutes is amended to read:

AB100-engrossed,1000,4 51.62 (3m) Funding. From the appropriation under s. 20.435 (7) (md), the department shall may not distribute more than $75,000 in each fiscal year to the protection and advocacy agency for performance of community mental health protection and advocacy services.

AB100-engrossed, s. 2157g Section 2157g. 51.67 (intro.) of the statutes is amended to read:

AB100-engrossed,1001,5 51.67 Alternate procedure; protective services. (intro.) If, after 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. If the court orders temporary protective placement for an individual under the age of 22 years in a center for the developmentally disabled, this placement may be made only at the central a center for the developmentally disabled unless that the department authorizes has authorized for the placement or transfer to the northern or southern of individuals under the age of 22 years generally or at a center for the developmentally disabled that the department has authorized for the placement or transfer of that individual specifically. 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 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:

AB100-engrossed, s. 2157gv Section 2157gv. 55.043 (1) (a) (intro.), (4) (intro.), (e) and (f) and (5) of the statutes are amended to read:

AB100-engrossed,1001,15 55.043 (1) (a) (intro.) If a county protective services agency has probable cause to believe that there is abuse, neglect or 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:

AB100-engrossed,1001,19 (4) Offer of services. (intro.) If upon investigation the county protective services agency finds abuse, neglect or misappropriation of property or neglect or abuse of a vulnerable adult, the county protective services agency may do one or more of the following:

AB100-engrossed,1001,24 (e) Refer the case to the department of regulation and licensing or the appropriate examining board if the abuse, neglect or misappropriation of property or neglect or abuse involves an individual who is required to be licensed, permitted, certified or registered hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 459.

AB100-engrossed,1002,5 (f) Bring a petition for a guardianship and protective service or protective placement if necessary to prevent abuse, neglect or misappropriation of property or neglect or abuse and if the vulnerable adult would otherwise be at risk of serious harm because of an inability to arrange for necessary food, clothing, shelter and services.

AB100-engrossed,1002,11 (5) Applicability. This section does not apply to patients or residents of state-operated or county-operated inpatient institutions or hospitals issued certificates of approval under s. 50.35 unless the alleged abuse, neglect or misappropriation of property or neglect or abuse of such a patient or resident is alleged to have been done by a person other than an employe of the inpatient institution or hospital.

AB100-engrossed, s. 2157m Section 2157m. 55.06 (9) (a) of the statutes is amended to read:

AB100-engrossed,1003,15 55.06 (9) (a) The court may order protective services under s. 55.05 (2) (d) as an alternative to placement. When ordering placement, the court, on the basis of the evaluation and other relevant evidence shall order the appropriate board specified under s. 55.02 or an agency designated by it to protectively place the individual. Placement by the appropriate board or designated agency shall be made in the least restrictive environment consistent with the needs of the person to be placed and with the placement resources of the appropriate board specified under s. 55.02. Factors to be considered in making protective placement shall include the needs of the person to be protected for health, social or rehabilitative services; the level of supervision needed; the reasonableness of the placement given the cost and the actual benefits in the level of functioning to be realized by the individual; the limits of available state and federal funds and of county funds required to be appropriated to match state funds; and the reasonableness of the placement given the number or projected number of individuals who will need protective placement and given the limited funds available. The county may not be required to provide funding, in addition to its funds that are required to be appropriated to match state funds, in order to protectively place an individual. Placement under this section does not replace commitment of a person in need of acute psychiatric treatment under s. 51.20 or 51.45 (13). Placement may be made to such facilities as a nursing homes, home, a public medical institutions, centers institution, a center for the developmentally disabled under the requirements of s. 51.06 (3), a foster care services and home or other home placements placement, or to any other appropriate facilities facility but may not be made to units a unit for the acutely mentally ill. The prohibition of placements in units for the acutely mentally ill does not prevent placement by a court for short-term diagnostic procedures under par. (d). Placement in a locked unit shall require a specific finding of the court as to the need for such action. A placement facility may transfer a patient from a locked unit to a less restrictive environment without court approval.

AB100-engrossed, s. 2157p Section 2157p. 55.06 (16) of the statutes is amended to read:

AB100-engrossed,1003,19 55.06 (16) Placements to centers a center for the developmentally disabled and discharges from such institutions an institution shall be in compliance with s. 51.35 (4).

AB100-engrossed, s. 2158 Section 2158. 59.07 (1) of the statutes is amended to read:

AB100-engrossed,1003,23 59.07 (1) No action may be brought or maintained against a county upon a claim or upon a cause of action unless the claimant complies with s. 893.80. This subsection does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.

AB100-engrossed, s. 2158m Section 2158m. 59.08 (7) (b) of the statutes is amended to read:

AB100-engrossed,1004,10 59.08 (7) (b) The question of the consolidation of the counties shall be submitted to the voters at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held on the first Tuesday in April, or the next regular election, or at a special election to be held on a date specified in the order which shall be no sooner than 45 days after the day fixed in date of the order issued under par. (a), which day date shall be the same in each of the counties proposing to consolidate. A copy of the order shall be filed with the county clerk of each of the counties. If the question of consolidation is submitted at a special election, it shall be held not less than 30 days nor more than 60 days from the completion of the consolidation agreement, but not within 60 days of any spring or general election.

AB100-engrossed, s. 2159 Section 2159. 59.23 (2) (j) of the statutes is amended to read: