2005 Wisconsin Act 388

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388,112 Section 112. 55.01 (3) of the statutes is repealed.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388,114 Section 114. 55.01 (4p) of the statutes is repealed.

388,115 Section 115. 55.01 (4r) of the statutes is repealed and recreated to read: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388,119 Section 119. 55.01 (7) of the statutes is repealed.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.

2. If a health care provider provides treatment by spiritual means through prayer for healing in lieu of medical care in accordance with his or her religious tradition and his or her communications with patients are required by his or her religious denomination to be held confidential.

(br) Any person, including an attorney or a person working under the supervision of an attorney, may report to the county department, adult-at-risk agency, a state or local law enforcement agency, the department, or the board on aging and long-term care that he or she believes that abuse, financial exploitation, neglect, or self-neglect of an adult at risk has occurred if the person is aware of facts or circumstances that would lead a reasonable person to believe or suspect that abuse, financial exploitation, neglect, or self-neglect of an adult at risk has occurred. The person shall indicate the facts and circumstances of the situation as part of the report.

(c) 1. a. No person may discharge or otherwise retaliate or discriminate against any person for reporting in good faith under this subsection.

b. No person may discharge or otherwise retaliate or discriminate against any individual on whose behalf another person has reported in good faith under this subsection.

d. Any discharge of a person or act of retaliation or discrimination that is taken against a person who makes a report under this subsection, within 120 days after the report is made, establishes a rebuttable presumption that the discharge or act is made in response to the report. This presumption may be rebutted by a preponderance of evidence that the discharge or act was not made in response to the report.

2. b. Any employee of an employer who is discharged or otherwise discriminated against may file a complaint with the department of workforce development under s. 106.54 (5).

c. Any person not described in subd. 2. b. who is retaliated or discriminated against in violation of subd. 1. a. or b. may commence an action in circuit court for damages incurred as a result of the violation.

(d) No person may be held civilly or criminally liable or be found guilty of unprofessional conduct for reporting in good faith under this subsection, or for filing a report with an agency not listed in par. (b) (intro.) or (br) if the person had a good faith belief that the report was filed correctly with one of the listed agencies.

(e) If a report under par. (b) or (br) is made to a state official, the state official shall refer the report to the appropriate adult-at-risk agency. The requirement under this paragraph does not apply to an employee of the board on aging and long-term care who determines that his or her referral would be in violation of 42 USC 3058g (d).

(f) Any person making a report under this subsection is presumed to have reported in good faith.

388,137 Section 137. 55.043 (1r) (title) of the statutes is created to read:

55.043 (1r) (title) Response and investigation.

388,138 Section 138. 55.043 (1r) (a) 2. of the statutes is created to read:

55.043 (1r) (a) 2. If an agent or employee of an adult-at-risk agency required to refer under this subsection is the subject of a report, or if the adult-at-risk agency or an agency under contract with the county department determines that the relationship between the adult-at-risk agency and the agency under contract with the county department would not allow for an unbiased response, the adult-at-risk agency shall, after taking any action necessary to protect the adult at risk, notify the department. Upon receipt of the notice, the department or a county department under s. 46.215, 46.22, 51.42, or 51.437 designated by the department shall conduct an independent investigation. The powers and duties of a county department making the independent investigation are those given to an adult-at-risk agency under pars. (b) to (g) and sub. (6).

388,139 Section 139. 55.043 (1r) (b) (intro.) of the statutes is created to read:

55.043 (1r) (b) (intro.) The adult-at-risk agency's response or another investigative agency's investigation may include one or more of the following:

388,140 Section 140. 55.043 (1r) (b) 3. of the statutes is created to read:

55.043 (1r) (b) 3. An interview with the adult at risk, in private to the extent practicable, and with or without consent of his or her guardian or agent under an activated power of attorney for health care, if any.

388,141 Section 141. 55.043 (1r) (b) 6. a. of the statutes is created to read:

55.043 (1r) (b) 6. a. To an adult-at-risk agency or other investigative agency under this section. The financial record holder may release financial record information by initiating contact with the adult-at-risk agency or other investigative agency without first receiving a request for release of the information from the adult-at-risk agency or other investigative agency.

388,142 Section 142. 55.043 (1r) (b) 6. b. of the statutes is created to read:

55.043 (1r) (b) 6. b. Under a lawful order of a court of record.

388,143 Section 143. 55.043 (1r) (c) 2. b. of the statutes is created to read:

55.043 (1r) (c) 2. b. The adult at risk has a guardian or agent under an activated power of attorney for health care, but that guardian or agent is the person suspected of abusing, neglecting, or financially exploiting the adult at risk.

388,144 Section 144. 55.043 (1r) (d) of the statutes is created to read:

55.043 (1r) (d) No person may be held civilly or criminally liable or be found guilty of unprofessional conduct for responding to a report or for participating in or conducting an investigation under this subsection, including the taking of photographs or conducting of a medical examination, if the response or investigation was performed in good faith and within the scope of his or her authority.

388,145 Section 145. 55.043 (2) of the statutes is renumbered 55.043 (2) (a) and amended to read:

55.043 (2) (a) The county protective services adult-at-risk agency may request a sheriff or police officer to accompany the adult-at-risk agency investigator or worker during visits to the residence of the vulnerable adult adult at risk or request other assistance as needed. If the request is made, a sheriff or police officer shall accompany the adult-at-risk agency investigator of the county protective services agency or worker to the residence of the vulnerable adult adult at risk and shall provide other assistance as requested or necessary.

388,146 Section 146. 55.043 (2) (b) of the statutes is created to read: