2005 Wisconsin Act 387

387,51 Section 51. 51.01 (5) (a) of the statutes is amended to read:

51.01 (5) (a) "Developmental disability" means a disability attributable to brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, mental retardation, or another neurological condition closely related to mental retardation or requiring treatment similar to that required for mental retardation, which has continued or can be expected to continue indefinitely and constitutes a substantial handicap to the afflicted individual. "Developmental disability" does not include senility which dementia that is primarily caused by the process of aging or the infirmities of aging degenerative brain disorder.

387,52 Section 52. 51.01 (14) of the statutes is amended to read:

51.01 (14) "Residence", "legal residency" or "county of residence" has the meaning given under s. 49.001 (6).

387,53 Section 53. 51.01 (14t) of the statutes is created to read:

51.01 (14t) "Serious and persistent mental illness" means a mental illness that is severe in degree and persistent in duration, that causes a substantially diminished level of functioning in the primary aspects of daily living and an inability to cope with the ordinary demands of life, that may lead to an inability to maintain stable adjustment and independent functioning without long-term treatment and support, and that may be of lifelong duration. "Serious and persistent mental illness" includes schizophrenia as well as a wide spectrum of psychotic and other severely disabling psychiatric diagnostic categories, but does not include degenerative brain disorder or a primary diagnosis of a developmental disability or of alcohol or drug dependence.

387,54 Section 54. 51.03 (3) (a) 6. of the statutes is amended to read:

51.03 (3) (a) 6. The number of persons authorized to consent to involuntary administration of psychotropic medication under s. 55.14 (8) or for whom guardians are were appointed under s. 880.33 (4m), 2003 stats.

387,55 Section 55. 51.05 (2) of the statutes is amended to read:

51.05 (2) Admissions authorized by counties. The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under s. 51.42 in the county where the person has legal residency residence authorizes the care, as provided in s. 51.42 (3) (as). Patients who are committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06 or 980.06, admitted by the department under s. 975.17, 1977 stats., or are transferred from a secured correctional facility, a secured child caring institution or a secured group home to a state treatment facility under s. 51.35 (3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are not subject to this section.

387,56 Section 56. 51.10 (8) of the statutes is amended to read:

51.10 (8) An adult for whom a guardian of the person has been appointed under ch. 880 in this state because of the subject's incompetency may be voluntarily admitted to an inpatient treatment facility under this section only if the guardian and the ward consent to such admission.

387,57 Section 57. 51.20 (7) (d) 1. (intro.) of the statutes is renumbered 51.20 (7) (d) 1. and amended to read:

51.20 (7) (d) 1. If the court determines after hearing that there is probable cause to believe 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, and shall proceed as if petition had been made for guardianship and protective placement or services. If the court orders only temporary protective services for a subject individual under this paragraph, the individual shall be provided care only on an outpatient basis. The court may order involuntary administration of psychotropic medication as a temporary protective service under this paragraph if it finds that there is probable cause to believe that the allegations under s. 880.07 (1m) (c) and (cm) apply, that 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: only under the requirements of s. 55.14.

387,58 Section 58. 51.20 (7) (d) 1. a. of the statutes is repealed.

387,59 Section 59. 51.20 (7) (d) 1. b. of the statutes is repealed.

387,60 Section 60. 51.22 (4) of the statutes is amended to read:

51.22 (4) If a patient is placed in a facility authorized by a county department under s. 51.42 or 51.437 and such the placement is outside the jurisdiction of that county department under s. 51.42 or 51.437, the placement does not transfer the patient's legal residence to the county of the facility's location while such patient is under commitment or placement.

387,61 Section 61. 51.30 (4) (b) 8m. of the statutes is amended to read:

51.30 (4) (b) 8m. To appropriate examiners and facilities in accordance with s. 54.36 (3), 971.17 (2) (e), (4) (c) and (7) (c), 980.03 (4) or 980.08 (3). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17 or ch. 980.

387,62 Section 62. 51.30 (4) (b) 18. a. of the statutes is amended to read:

51.30 (4) (b) 18. a. In this subdivision, "abuse" has the meaning given in s. 51.62 (1) (ag); "neglect" has the meaning given in s. 51.62 (1) (br); and "parent" has the meaning given in s. 48.02 (13), except that "parent" does not include the parent of a minor whose custody is transferred to a legal custodian, as defined in s. 48.02 (11), or for whom a guardian is appointed under s. 54.10 or s. 880.33, 2003 stats.

387,63 Section 63. 51.30 (4) (b) 18. c. of the statutes is amended to read:

51.30 (4) (b) 18. c. If the patient, regardless of age, has a guardian appointed under s. 54.10 or s. 880.33 , 2003 stats., or if the patient is a minor with developmental disability who has a parent or has a guardian appointed under s. 48.831 and does not have a guardian appointed under s. 54.10 or s. 880.33, 2003 stats., information concerning the patient that is obtainable by staff members of the agency or nonprofit corporation with which the agency has contracted is limited, except as provided in subd. 18. e., to the nature of an alleged rights violation, if any; the name, birth date and county of residence of the patient; information regarding whether the patient was voluntarily admitted, involuntarily committed or protectively placed and the date and place of admission, placement or commitment; and the name, address and telephone number of the guardian of the patient and the date and place of the guardian's appointment or, if the patient is a minor with developmental disability who has a parent or has a guardian appointed under s. 48.831 and does not have a guardian appointed under s. 54.10 or s. 880.33 , 2003 stats., the name, address and telephone number of the parent or guardian appointed under s. 48.831 of the patient.

387,64 Section 64. 51.30 (4) (b) 20. (intro.) of the statutes is amended to read:

51.30 (4) (b) 20. (intro.) Except with respect to the treatment records of a subject individual who is receiving or has received services for alcoholism or drug dependence, to the spouse, parent, adult child or sibling of a subject individual, if the spouse, parent, adult child or sibling is directly involved in providing care to or monitoring the treatment of the subject individual and if the involvement is verified by the subject individual's physician, psychologist or by a person other than the spouse, parent, adult child or sibling who is responsible for providing treatment to the subject individual, in order to assist in the provision of care or monitoring of treatment. Except in an emergency as determined by the person verifying the involvement of the spouse, parent, adult child or sibling, the request for treatment records under this subdivision shall be in writing, by the requester. Unless the subject individual has been adjudged adjudicated incompetent under ch. 880 in this state, the person verifying the involvement of the spouse, parent, adult child or sibling shall notify the subject individual about the release of his or her treatment records under this subdivision. Treatment records released under this subdivision are limited to the following:

387,65 Section 65. 51.30 (4) (dm) 2. of the statutes is amended to read:

51.30 (4) (dm) 2. Conceal or withhold a treatment record with intent to prevent its release to the subject individual under par. (d), to his or her guardian appointed under ch. 880, or to persons with the informed written consent of the subject individual or with intent to prevent or obstruct an investigation or prosecution.

387,66 Section 66. 51.30 (4) (f) of the statutes is amended to read:

51.30 (4) (f) Correction of information. A subject individual, or the parent, guardian, or person in the place of a parent of a minor, or the guardian of an individual adjudicated incompetent may, after having gained access to treatment records, challenge the accuracy, completeness, timeliness, or relevance of factual information in his or her treatment records and request in writing that the facility maintaining the record correct the challenged information. Such The request shall be granted or denied within 30 days by the director of the treatment facility, the director of the county department under s. 51.42 or 51.437, or the secretary depending upon which person has custody of the record. Reasons for denial of the requested changes shall be given by the responsible officer and the individual shall be informed of any applicable grievance procedure or court review procedure. If the request is denied, the individual, parent, guardian, or person in the place of a parent shall be allowed to insert into the record a statement correcting or amending the information at issue. The statement shall become a part of the record and shall be released whenever the information at issue is released.

387,67 Section 67. 51.30 (5) (a) of the statutes is amended to read:

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 adjudicated incompetent under ch. 880 in this state 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).

387,68 Section 68. 51.30 (5) (b) 1. of the statutes is amended to read:

51.30 (5) (b) 1. The guardian of an individual who is adjudged adjudicated incompetent under ch. 880 in this state 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.

387,69 Section 69. 51.30 (5) (e) of the statutes is amended to read:

51.30 (5) (e) Temporary guardian for adult alleged to be incompetent. If an adult is believed alleged to be incompetent, under the requirements of s. 54.10 (3), to consent to the release of records under this section, but no guardian has been appointed for such the individual, consent for the release of records may be given by a temporary guardian who is appointed for the purpose of deciding upon the release of records.

387,70 Section 70. 51.35 (7) of the statutes is amended to read:

51.35 (7) Guardianship and protective services. Prior to discharge from any state treatment facility, the department shall review the possible need of a developmentally disabled individual, aged infirm individual, or person individual with other like incapacities for protective services or protective placement under ch. 55 after discharge, including the necessity for appointment of a guardian or limited guardian. The department shall petition for limited or full guardianship, or for protective services or protective placement for the person if needed. When the department makes a petition for guardianship under this subsection, it shall not be appointed as guardian.

387,71 Section 71. 51.40 (title) of the statutes is amended to read:

51.40 (title) Residence of developmentally disabled or chronically mentally ill Determination of residence for certain adults; county of responsibility.

387,72 Section 72. 51.40 (1) (e) of the statutes is amended to read:

51.40 (1) (e) "County of responsibility" means the county responsible for funding the provision of care, treatment, or services under this chapter or ch. 46 or 55 to an individual.

387,73 Section 73. 51.40 (1) (em) of the statutes is created to read:

51.40 (1) (em) "Facility" means a place, other than a hospital, that is licensed, registered, certified, or approved by the department or a county under ch. 50 or 51.

387,74 Section 74. 51.40 (1) (f) of the statutes is amended to read:

51.40 (1) (f) "Guardian" means a guardian of the person appointed by a court under ch. 54 or ch. 880, 2003 stats.

387,75 Section 75. 51.40 (1) (g) 1. of the statutes is amended to read:

51.40 (1) (g) 1. The status of an individual who has had a guardian appointed under ch. 880, unless the court made a specific finding under s. 880.33 (3) that the individual is competent to make an informed choice of a place to live.

387,76 Section 76. 51.40 (1) (h) of the statutes is repealed.

387,77 Section 77. 51.40 (1) (hm) of the statutes is created to read:

51.40 (1) (hm) "Other like incapacities" has the meaning given in s. 55.01 (5).

387,78 Section 78. 51.40 (1) (m) of the statutes is created to read:

51.40 (1) (m) "Voluntary" has the meaning given in s. 49.001 (8).

387,79 Section 79. 51.40 (2) (intro.) of the statutes is amended to read:

51.40 (2) Determination of county of residence. (intro.) For purposes of determining responsibility for funding the provision of services under chs. 46, 51 and 55, the The county of residence of individuals an individual aged 18 or older with developmental disability or chronic serious and persistent mental illness in state facilities or nursing homes, degenerative brain disorder, or other like incapacity who is residing in a facility is the county of responsibility for the individual. The county of residence shall be determined as follows:

387,80 Section 80. 51.40 (2) (a) 1. of the statutes is amended to read:

51.40 (2) (a) 1. `Commitment or protection protective placement or protective services.' If an individual is under a court order of commitment under this chapter or protective placement or protective services under s. 55.06, the individual remains a resident of the county in which he or she has residence at the time the initial commitment or initial order for protective placement or protective services is made. If the court makes no specific finding of a county of residence, the individual is a resident of the county in which the court is located. After notice, including notice to the corporation counsel of each affected county by certified mail, after opportunity to be heard has been provided to all affected counties and parties, and if there is no objection, the court may make a specific finding of a county of residence. If any affected county or party objects to the court's proposed finding, the county or party may request the department to make a determination under par. (g). Any transfer of venue may be suspended until the department's determination is final.

387,81 Section 81. 51.40 (2) (a) 2. of the statutes is amended to read:

51.40 (2) (a) 2. `Placement by a county.' Except for the provision of emergency services under s. 51.15, 51.42 (1) (b), 51.437 (4) (c), 51.45 (11) and (12) or 55.06 (11), if a county department or an agency of a county department arranges places or makes arrangements for placement of the individual into a state facility or nursing home, the individual is a resident of the county of that county department. Any agency of the county department is deemed to be acting on behalf of the county department in arranging placing or making arrangements for placement. Placement of an individual by a county department or an agency of a county department in a facility outside the jurisdiction of the county department or agency does not transfer the individual's legal residence to the county in which the facility is located. If a resident of a county is physically present in another county and is in need of immediate care, the county in which the individual is present may provide for his or her immediate needs under s. 51.15, 51.20, 51.42 (1) (b), 51.437 (4) (c), or 51.45 (11) or (12), or ch. 54 or 55, without becoming the individual's county of residence.

387,82 Section 82. 51.40 (2) (b) (intro.) of the statutes is amended to read:

51.40 (2) (b) Other admissions. (intro.) If par. (a) does not apply, one of the following shall apply the county of residence shall be determined as follows:

387,83 Section 83. 51.40 (2) (b) 1. of the statutes is amended to read:

51.40 (2) (b) 1. `Individuals in state facilities.' An individual who is in a state facility is a resident of the county in which he or she was a resident at the time the admission to the state facility was made. This subdivision may not be applied to change residence from a county, other than the county in which the facility is located, which that has accepted responsibility for or provided services to the individual prior to August 1, 1987 before the effective date of this subdivision .... [revisor inserts date].

387,84 Section 84. 51.40 (2) (b) 2. (intro.) of the statutes is amended to read:

51.40 (2) (b) 2. `Individuals in nursing homes.' (intro.) The following are presumptions regarding the county of residence of an individual in a nursing home that may be overcome by substantial evidence that clearly establishes other county residence:

ag. An individual in a nursing home who was admitted under s. 50.04 (2r) to the nursing home on or after August 1, 1987 the effective date of this subd. 2. ag. .... [revisor inserts date], is a resident of the county which that approved the admission under s. 50.04 (2r).

bg. An individual residing in a nursing home on August 1, 1987 the effective date of this subd. 2. bg. .... [revisor inserts date], is presumed to be a resident of the county in which the individual is physically present unless another county accepts the individual as a resident. The presumption of residence may be overcome by substantial evidence which clearly establishes residence in another county in one of the following ways:

387,85 Section 85. 51.40 (2) (b) 2. a. of the statutes is renumbered 51.40 (2) (b) 2. cg. and amended to read:

51.40 (2) (b) 2. cg. The If the individual had an established residence in another county prior to entering the nursing home; the individual or the individual's guardian, if any, indicates an intent that the individual will return to that county when the purpose of entering the nursing home has been accomplished or when needed care and services can be obtained in the other that county; and the individual, when capable of indicating intent, or a guardian for the individual, has made no clearly documented expression to a court or county department of an intent to establish residence elsewhere since leaving that county, the individual is a resident of that county.

387,86 Section 86. 51.40 (2) (b) 2. b. of the statutes is renumbered 51.40 (2) (b) 2. dg. and amended to read:

51.40 (2) (b) 2. dg. The If the individual is incapable of indicating intent as determined by the county department, has no guardian, ordinarily resides in another county, and is expected to return to that county within one year, the individual is a resident of that county.

387,87 Section 87. 51.40 (2) (b) 2. c. of the statutes is renumbered 51.40 (2) (b) 2. eg. and amended to read:

51.40 (2) (b) 2. eg. Another If another county has accepted responsibility for or provided services to the individual prior to August 1, 1987 the effective date of this subd. 2. eg. .... [revisor inserts date], the individual is a resident of that county.

387,88 Section 88. 51.40 (2) (b) 2. d. of the statutes is renumbered 51.40 (2) (b) 2. fg. and amended to read:

51.40 (2) (b) 2. fg. The If the individual is incapable of indicating intent; the individual was living in another county outside of a nursing home or state facility on December 1, 1982 the effective date of this subd. 2. fg. .... [revisor inserts date], or under circumstances which that established residence in that county after December 1, 1982 the effective date of this subd. 2. fg. .... [revisor inserts date]; and that county was the last county in which the individual had residence while living outside of a nursing home or state facility, the individual is a resident of that county.

387,89 Section 89. 51.40 (2) (b) 2. g. of the statutes is created to read:

51.40 (2) (b) 2. g. If subd. 2. ag. to fg. does not apply, an individual who is incapable of indicating intent and is residing in a facility is a resident of the county in which the individual resided before admittance to the facility.

387,90 Section 90. 51.40 (2) (f) of the statutes is repealed and recreated to read:

51.40 (2) (f) Guardian's authority to declare county of residence. A guardian may declare any of the following, under any of the following conditions:

1. The ward is a resident of the guardian's county of residence, if pars. (a) and (b) do not apply, if the guardian's ward is in a facility and is incapable of indicating intent, and if the guardian is a resident of the county in which the facility is located or states in writing that the ward is expected to return to the guardian's county of residence when the purpose of entering the facility has been accomplished or when needed care and services can be obtained in the guardian's county of residence.

2. The ward is a resident of the county in which the ward is physically present, if pars. (a) and (b) do not apply and if all of the following apply:

a. The ward's presence in the county is voluntary.

b. There is no current order under ch. 55 in effect with respect to the ward, and the ward is not under an involuntary commitment order to the department of corrections or to a county other than the county in which the ward is physically present.

c. The ward is living in a place of fixed habitation.

d. The guardian states in writing that it is the ward's intent to remain in the county for the foreseeable future.

3. The ward is a resident of the county specified by the guardian, regardless if a previous determination of county of residence has been made, notwithstanding pars. (a) and (b) for good cause shown, if, in the ward's best interest, the guardian files with the probate court having jurisdiction of the guardianship and protective placement a written statement declaring the ward's domiciliary intent, subject to court approval, and if notice and opportunity to be heard are provided to all affected counties and parties. Notice under this subdivision shall be sent to the corporation counsel of each affected county by certified mail.

387,91 Section 91. 51.40 (2) (g) 1. of the statutes is amended to read:

51.40 (2) (g) 1. An individual, an interested person on behalf of the individual, or any county may request that the department make a determination of the county of responsibility of the individual. Any motion for change of venue pending before the court of jurisdiction may be stayed until the determination under this paragraph is final. Within 10 days after receiving the request, the department shall provide written notice to the individual,; to the individual's guardian, guardian ad litem, and counsel, if any,; to the individual's immediate family, if they can be located; and to all potentially responsible counties that a determination of county of responsibility shall be made and that written information and comments may be submitted within 30 days after the date on which the notice is sent.

387,92 Section 92. 51.40 (2) (g) 6. of the statutes is created to read: