2005 Wisconsin Act 388

388,95 Section 95. 51.30 (4) (b) 17. of the statutes is amended to read:

51.30 (4) (b) 17. To the county elder-adult-at-risk agency designated under s. 46.90 (2) or other investigating agency under s. 46.90 for the purposes of s. 46.90 (4) (a) and (5), to the county department, as defined in s. 48.02 (2g), or the sheriff or police department for the purposes of s. 48.981 (2) and (3), or to the county protective services adult-at-risk agency designated under s. 55.02 for purposes of s. 55.043. The treatment record holder may release treatment record information by initiating contact with the county protective services elder-adult-at-risk agency, adult-at-risk agency, or county department, as defined in s. 48.02 (2g), without first receiving a request for release of the treatment record from the county protective services elder-adult-at-risk agency, adult-at-risk agency, or county department.

388,96 Section 96. 51.42 (3) (e) of the statutes is amended to read:

51.42 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), any subunit of a county department of community programs or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of community programs or tribal agency, with a resource center, a care management organization, or a family care district, or with any person providing services to the client under a purchase of services contract with the county department of community programs or tribal agency or with a resource center, care management organization, or family care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of community programs or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.

388,97 Section 97. 51.437 (4r) (b) of the statutes is amended to read:

51.437 (4r) (b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), any subunit of the a county department of developmental disabilities services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of developmental disabilities services or tribal agency, with a resource center, a care management organization, or a family care district, or with any person providing services to the client under a purchase of services contract with the county department of developmental disabilities services or tribal agency or with a resource center, a care management organization, or a family care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of developmental disabilities services or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.

388,98 Section 98. 51.62 (1) (ag) of the statutes is repealed and recreated to read:

51.62 (1) (ag) "Abuse" has the meaning given in s. 46.90 (1) (a).

388,99 Section 99. 51.62 (1) (ar) of the statutes is created to read:

51.62 (1) (ar) "Financial exploitation" has the meaning given in s. 46.90 (1) (ed).

388,100 Section 100. 51.62 (1) (br) of the statutes is repealed and recreated to read:

51.62 (1) (br) "Neglect" has the meaning given in s. 46.90 (1) (f).

388,101 Section 101. 51.62 (3) (a) 2m. of the statutes is amended to read:

51.62 (3) (a) 2m. Have immediate access to any person individual with mental illness or developmental disability, regardless of age, who has requested services or on whose behalf services have been requested from the protection and advocacy agency or concerning whom the protection and advocacy agency has reasonable cause to believe that abuse, neglect, financial exploitation, or a violation of rights of the individual has occurred.

388,102 Section 102. 55.001 of the statutes is amended to read:

55.001 Declaration of policy. The legislature recognizes that many citizens of the state, because of the infirmities of aging, chronic mental illness, mental retardation, other degenerative brain disorders, developmental disabilities, or like incapacities incurred at any age, are in need of protective services. Except as provided in s. 49.45 (30m) (a), these services should, to the maximum degree of feasibility under programs, services and resources that the county board of supervisors is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, allow the individual the same rights as other citizens, and at the same time protect the individual from financial exploitation, abuse and degrading treatment, neglect, and self-neglect. This chapter is designed to establish those services and assure their availability to all persons individuals when in need of them, and to place the least possible restriction on personal liberty and exercise of constitutional rights consistent with due process and protection from abuse, financial exploitation and, neglect, and self-neglect.

388,103 Section 103. 55.01 (1) of the statutes is repealed and recreated to read:

55.01 (1) "Abuse" has the meaning given in s. 46.90 (1) (a).

388,104 Section 104. 55.01 (1e) of the statutes is created to read:

55.01 (1e) "Adult at risk" means any adult who has a physical or mental condition that substantially impairs his or her ability to care for his or her needs and who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation.

388,105 Section 105. 55.01 (1f) of the statutes is created to read:

55.01 (1f) "Adult-at-risk agency" means the agency designated by the county board of supervisors under s. 55.043 (1) to receive, respond to, and investigate reports of abuse, neglect, self-neglect, and financial exploitation under s. 55.043.

388,106 Section 106. 55.01 (1m) of the statutes is amended to read:

55.01 (1m) "Bodily harm" has the meaning given in s. 939.22 (4) 46.90 (1) (aj).

388,107 Section 107. 55.01 (1p) of the statutes is repealed and recreated to read:

55.01 (1p) "Caregiver" has the meaning given in s. 46.90 (1) (an).

388,108 Section 108. 55.01 (1t) of the statutes is repealed.

388,109 Section 109. 55.01 (1v) of the statutes is created to read:

55.01 (1v) "Degenerative brain disorder" means the loss or dysfunction of an individual's brain cells to the extent that he or she is substantially impaired in his or her ability to provide adequately for his or her own care or custody.

388,110 Section 110. 55.01 (2) of the statutes is amended to read:

55.01 (2) "Developmentally disabled person" means any individual having a disability attributable to mental retardation, cerebral palsy, epilepsy, autism or another neurological condition closely related to mental retardation or requiring treatment similar to that required for mentally retarded individuals, which has continued or can be expected to continue indefinitely, substantially impairs the individual from adequately providing for his or her own care or custody, and constitutes a substantial handicap to the afflicted individual. The term does not include a person affected by senility which is primarily caused by the process of aging or the infirmities of aging with degenerative brain disorder.

388,111 Section 111. 55.01 (2s) of the statutes is created to read:

55.01 (2s) "Financial exploitation" has the meaning given in s. 46.90 (1) (ed).

388,112 Section 112. 55.01 (3) of the statutes is repealed.

388,113 Section 113. 55.01 (4g) of the statutes is created to read:

55.01 (4g) "Investigative agency" has the meaning given in s. 46.90 (1) (er).

388,114 Section 114. 55.01 (4p) of the statutes is repealed.

388,115 Section 115. 55.01 (4r) of the statutes is repealed and recreated to read:

55.01 (4r) "Neglect" has the meaning given in s. 46.90 (1) (f).

388,116 Section 116. 55.01 (6) of the statutes is created to read:

55.01 (6) "Self-neglect" has the meaning given in s. 46.90 (1) (g).

388,117 Section 117. 55.01 (6d) of the statutes is created to read:

55.01 (6d) "State governmental agency" has the meaning given for "agency" in s. 16.417 (1) (a).

388,118 Section 118. 55.01 (6g) of the statutes is created to read:

55.01 (6g) "State official" has the meaning given in s. 46.90 (1) (gr).

388,119 Section 119. 55.01 (7) of the statutes is repealed.

388,120 Section 120. 55.02 of the statutes is amended to read:

55.02 Protective service system; establishment. The department shall develop a statewide system of protective service services for mentally retarded and other developmentally disabled persons, for aged infirm persons, for persons with degenerative brain disorders, chronically mentally ill persons, and for persons with other like incapacities incurred at any age, in accordance with rules promulgated by the department. The protective service system shall be designed to encourage independent living and to avoid protective placement whenever possible. The system shall use the planning and advice of agencies, including the county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437. The chairperson of each county board of supervisors shall designate a county department under s. 46.215, 46.22, 51.42, or 51.437 that is providing services in his or her county or a joint mechanism of these county departments to have the responsibility for local planning for the protective service system. The chairperson of the Milwaukee County board of supervisors Each county board shall designate the county department under s. 46.215 an agency to serve as the county protective services adult-at-risk agency for purposes of s. 55.043. The department and these county departments shall cooperate in developing a coordinated system of services. The department shall provide direct services and enter into contracts with any responsible public or private agency for provision of protective services. In each county, the county department designated under this section shall determine the reporting requirements applicable to the county under s. 880.38 (3).

388,121 Section 121. 55.043 (title) of the statutes is amended to read:

55.043 (title) County protective services Adult-at-risk agency.

388,122 Section 122. 55.043 (1) (title) of the statutes is repealed.

388,123 Section 123. 55.043 (1) (a) (intro.) of the statutes is renumbered 55.043 (1r) (a) 1g. and amended to read:

55.043 (1r) (a) 1g. If a county protective services Except as otherwise provided, if an adult-at-risk agency has probable cause reason to believe that there is misappropriation of property or an adult at risk has been the subject of abuse, financial exploitation, neglect, or abuse of a vulnerable adult, the county protective services self-neglect, the adult-at-risk agency may conduct an investigation in Milwaukee County respond, including by conducting an investigation, to determine if the vulnerable adult in question whether the adult at risk 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: If an adult-at-risk agency has reason to believe that there is abuse, financial exploitation, neglect, or self-neglect of an adult at risk who is a client, as defined in s. 50.065 (1) (b), of an entity, as defined in s. 50.065 (1) (c), and if the person suspected of perpetrating the alleged abuse, financial exploitation, or neglect is a caregiver or nonclient resident of the entity, the adult-at-risk agency shall refer the report within 24 hours after the report is received to the department for investigation. The department shall coordinate its investigatory efforts with other investigative agencies or authorities as appropriate. An adult-at-risk agency's response to or another investigative agency's investigation of a report of abuse, financial exploitation, neglect, or self-neglect that is not referred to the department shall be commenced within 24 hours after a report is received, excluding Saturdays, Sundays, and legal holidays.

388,124 Section 124. 55.043 (1) (a) 1. of the statutes is renumbered 55.043 (1r) (b) 2. and amended to read:

55.043 (1r) (b) 2. Observation of or an interview with the vulnerable adult, in private to the extent practicable, and the adult at risk, with or without consent of his or her guardian or agent under an activated power of attorney for health care, if any.

388,125 Section 125. 55.043 (1) (a) 2. of the statutes is renumbered 55.043 (1r) (b) 1. and amended to read:

55.043 (1r) (b) 1. A visit to the residence of the vulnerable adult at risk.

388,126 Section 126. 55.043 (1) (a) 3. of the statutes is renumbered 55.043 (1r) (b) 4. and amended to read:

55.043 (1r) (b) 4. An interview with the guardian or agent under an activated power of attorney for health care, if any, and with the caretaker, if any, any caregiver of the vulnerable adult at risk.

388,127 Section 127. 55.043 (1) (a) 4. of the statutes is renumbered 55.043 (1r) (b) 5. and amended to read:

55.043 (1r) (b) 5. A review of the treatment and patient health care records of the vulnerable adult at risk.

388,128 Section 128. 55.043 (1) (a) 5. of the statutes is renumbered 55.043 (1r) (b) 6. (intro.) and amended to read:

55.043 (1r) (b) 6. (intro.) A review of those any financial records, if any, of the vulnerable adult at risk that are maintained by the caretaker or landlord a financial institution, as defined in s. 705.01 (3); by an entity, as defined in s. 50.065 (1) (c); by any caregiver of the vulnerable adult at risk; or by a member of the immediate family of the vulnerable adult, the caretaker or the landlord. at risk. The records shall be released without informed consent in either of the following circumstances:

388,129 Section 129. 55.043 (1) (b) (intro.) of the statutes is renumbered 55.043 (1r) (c) (intro.) and amended to read:

55.043 (1r) (c) (intro.) The county protective services adult-at-risk agency or other investigative agency may transport the vulnerable adult at risk for performance of a medical examination by a physician if any of the following applies:

388,130 Section 130. 55.043 (1) (b) 1. of the statutes is renumbered 55.043 (1r) (c) 1. and amended to read:

55.043 (1r) (c) 1. The vulnerable adult at risk or his or her guardian or agent under an activated power of attorney for health care, if any, consents to the examination.

388,131 Section 131. 55.043 (1) (b) 2. (intro.) of the statutes is renumbered 55.043 (1r) (c) 2. (intro.) and amended to read:

55.043 (1r) (c) 2. (intro.) The vulnerable adult at risk is incapable of consenting to the examination and one of the following applies:

388,132 Section 132. 55.043 (1) (b) 2. a. of the statutes is renumbered 55.043 (1r) (c) 2. a. and amended to read:

55.043 (1r) (c) 2. a. The vulnerable adult at risk has no guardian or agent under an activated power of attorney for health care.

388,133 Section 133. 55.043 (1) (b) 2. b. of the statutes is renumbered 55.043 (1r) (c) 2. c. and amended to read:

55.043 (1r) (c) 2. c. The vulnerable adult's guardian refuses to consent to the examination, but the examination is authorized by order of a court.

388,134 Section 134. 55.043 (1d) of the statutes is created to read:

55.043 (1d) Adult-at-risk agency designation. Each county board shall designate an agency as the adult-at-risk agency for the purposes of this section.

388,135 Section 135. 55.043 (1g) of the statutes is created to read:

55.043 (1g) Adult-at-risk agency duties. (a) Each adult-at-risk agency shall develop a policy for notifying other investigative agencies, including law enforcement officials in appropriate cases, and shall establish an adult-at-risk abuse reporting system to carry out the purposes of this section. Each adult-at-risk agency shall enter into a memorandum of understanding regarding the operation of the system with the county department under s. 46.215 or 46.22 and with any private or public agency, including a county department under s. 51.42 or 51.437, within the county that is participating in the adult-at-risk abuse reporting system. The memorandum of understanding shall, at a minimum, identify the agencies that are responsible for the investigation of reports of abuse, financial exploitation, neglect, or self-neglect of adults at risk and for the provision of specific direct services.

(b) Each adult-at-risk agency shall receive reports of abuse, financial exploitation, neglect, or self-neglect of adults at risk.

(c) Each adult-at-risk agency shall publicize the existence of an adult-at-risk abuse reporting system in the county and shall provide a publicized telephone number that can be used by persons wishing to report suspected cases of abuse, financial exploitation, neglect, or self-neglect of adults at risk. Each adult-at-risk agency shall also provide a telephone number that can be used by persons to make reports after the adult-at-risk agency's regular business hours.

388,136 Section 136. 55.043 (1m) of the statutes is created to read:

55.043 (1m) Reporting. (a) The following persons shall file reports as specified in par. (b):

1. An employee of any entity that is licensed, certified, or approved by or registered with the department.

3. A health care provider, as defined in s. 155.01 (7).

4. A social worker, professional counselor, or marriage and family therapist certified under ch. 457.

(b) Except as provided in par. (be), a person specified in par. (a) who has seen an adult at risk in the course of the person's professional duties shall file a report with the county department, the adult-at-risk agency, a state or local law enforcement agency, the department, or the board on aging and long-term care if the adult at risk has requested the person to make the report, or if the person has reasonable cause to believe that any of the following situations exist:

1. The adult at risk is at imminent risk of serious bodily harm, death, sexual assault, or significant property loss and is unable to make an informed judgment about whether to report the risk.

2. An adult at risk other than the subject of the report is at risk of serious bodily harm, death, sexual assault, or significant property loss inflicted by a suspected perpetrator.

(be) A person specified in par. (a) to whom any of the following applies is not required to file a report as provided in par. (b):

1. If the person believes that filing a report would not be in the best interest of the adult at risk. If the person so believes, the person shall document the reasons for this belief in the case file that the person maintains on the adult at risk.