AB785, s. 91 13Section 91. 55.05 (title) of the statutes is amended to read:
AB785,63,14 1455.05 (title) Protective Voluntary protective services.
AB785, s. 92 15Section 92. 55.05 (2) (intro.) of the statutes is amended to read:
AB785,63,1916 55.05 (2) (intro.) The department or an a county department or agency
17providing with which the county department contracts under s. 55.02 (2) that
18provides
protective services under s. 55.04 may provide such the services under any
19of the following conditions:
AB785, s. 93 20Section 93. 55.05 (2) (a) of the statutes is amended to read:
AB785,63,2221 55.05 (2) (a) The person An individual who needs or believes he or she needs
22protective service may seek such service services requests the services.
AB785, s. 94 23Section 94. 55.05 (2) (b) of the statutes is amended to read:
AB785,64,324 55.05 (2) (b) Any An interested person may request requests protective services
25on behalf of a person an individual in need of services. A guardian may request and

1consent to protective services on behalf of the guardian's ward. An agent under an
2activated power of attorney for health care may request and consent to protective
3services on behalf of the agent's principal.
AB785, s. 95 4Section 95. 55.05 (2) (c) of the statutes is repealed.
AB785, s. 96 5Section 96. 55.05 (2) (d) of the statutes is repealed.
AB785, s. 97 6Section 97. 55.05 (3) of the statutes is amended to read:
AB785,64,117 55.05 (3) Voluntary protective services preferred. An individual shall
8receive protective services voluntarily unless ordered by the court under s. 55.12,
9requested by a the individual's guardian or agent under an activated power of
10attorney for health care,
or provided on an emergency basis in accordance with sub.
11(4)
s. 55.13.
Note: Amends current law relating to voluntary protective services, to provide a
separate statutory section for voluntary protective services and to insert references to an
agent under an activated power of attorney for health care, who may, in some situations,
be authorized to request and consent to protective services for a principal.
AB785, s. 98 12Section 98. 55.05 (4) (title) and (a) of the statutes are renumbered 55.13 (title)
13and (1) and amended to read:
AB785,64,18 1455.13 (title) Emergency protective services. (1) Emergency protective
15services may be provided for not more than 72 hours where when there is reason to
16believe that, if the emergency protective services are not provided, the person
17individual entitled to the services or others will incur a substantial risk of serious
18physical harm.
AB785, s. 99 19Section 99. 55.05 (4) (b) of the statutes is renumbered 55.13 (4) and amended
20to read:
AB785,65,621 55.13 (4) Where If it is necessary to forcibly enter a premises forcibly to provide
22or investigate the need for emergency protective services
, the representative of an
23agency or
staff member of a county protective services agency department shall

1obtain a court order authorizing entry and shall make the entry accompanied by a
2sheriff, police officer, or member of a fire department. When it appears probable that
3substantial physical harm, irreparable injury, or death may occur to an individual,
4the police officer, fire fighter, or sheriff may enter a premises without a court order
5if the time required to obtain such an order would result in greater risk of physical
6harm to the individual.
AB785, s. 100 7Section 100. 55.05 (4) (c) of the statutes is renumbered 55.13 (5) and amended
8to read:
AB785,65,129 55.13 (5) Where If a forcible entry is made under par. (b) sub. (4), a report of
10the exact circumstances, including the date, time, place, factual basis for the need
11of such the entry, and the exact services rendered, shall be made and forwarded to
12the court within 14 days of after entry by the person making such the entry.
AB785, s. 101 13Section 101. 55.05 (5) (title) of the statutes is renumbered 55.055 (title) and
14amended to read:
AB785,65,15 1555.055 (title) Admissions initially made without court involvement.
AB785, s. 102 16Section 102. 55.05 (5) (a) of the statutes is repealed.
Note: This statute is repealed because it is unnecessary; moreover, it is
misleading, because an individual who is legally and actually capable of consenting may
consent to enter any regulated residential, medical, or treatment facility, not just those
specified.
AB785, s. 103 17Section 103. 55.05 (5) (b) 1. of the statutes is renumbered 55.055 (1) (a) and
18amended to read:
AB785,66,319 55.055 (1) (a) Guardians of persons The guardian of an individual who have
20has been found incompetent under s. 880.33 may consent to the individual's
21admission to a foster home, group home, or community-based residential facility, as
22defined under s. 50.01 (1g), without a protective placement order under s. 55.06 55.12
23if the home or facility is licensed for fewer than 16 beds. Prior to providing that

1consent, and annually thereafter, the guardian shall review the ward's right to the
2least restrictive residential environment and may consent only to admission to a
3home or facility that implements those rights that right.
Note: Changes a cross-reference to the procedure for protective placement, the
provisions of which are renumbered in this bill.
AB785, s. 104 4Section 104. 55.05 (5) (b) 2. of the statutes is renumbered 55.055 (1) (b) and
5amended to read:
AB785,66,236 55.055 (1) (b) Guardians The guardian of persons an individual who have has
7been found incompetent under s. 880.33 may consent to the individual's admission
8to a nursing home if the person is admitted directly from a hospital inpatient unit
9for recuperative care
or other facility not specified in par. (a) for which protective
10placement is otherwise required
for a period not to exceed 3 months, unless the
11hospital admission was for psychiatric care
60 days. In order to be admitted under
12this paragraph, the individual must be in need of recuperative care or be unable to
13provide for his or her own care or safety so as to create a serious risk of substantial
14harm to himself or herself or others
. Prior to providing that consent, the guardian
15shall review the ward's right to the least restrictive residential environment and
16consent only to admission to a nursing home or other facility that implements those
17rights
that right. Following the 3-month 60-day period, the admission may be
18extended for an additional 60 days if
a petition for protective placement proceeding
19under s. 55.06 is required 55.075 has been brought, or, if no petition for protective
20placement under s. 55.075 has been brought, for an additional 30 days for the
21purpose of allowing the initiation of discharge planning for the individual.
22Admission under this paragraph is not permitted for an individual with a primary
23diagnosis of mental illness or developmental disability
.

Note: Renumbers and amends a provision in current law that permits a person to
be admitted to a nursing home prior to a protective placement proceeding on a short term
basis. This provision permits individuals to be admitted to a facility not only directly from
a hospital inpatient unit, as under current law, but also in cases where the individual is
in need of recuperative care or unable to provide for his or her own care or safety so as
to create a serious risk of substantial harm to himself or herself or others. In addition,
this provision is revised to permit a 60 day admission, rather than a 3 month admission;
however, the provision permits the placement to be extended for an additional 60 days
if a protective placement petition has been brought, or, if no petition has been brought,
for an additional 30 days to allow the initiation of discharge planning.
AB785, s. 105 1Section 105. 55.05 (5) (c) (intro.) of the statutes is renumbered 55.055 (3)
2(intro.) and amended to read:
AB785,67,93 55.055 (3) (intro.) If a person an individual admitted under par. (b) sub. (1)
4verbally objects to or otherwise actively protests such an admission, the person in
5charge of the home, nursing home, or other facility shall immediately notify the
6agency designated under s. 55.02 county department for the county in which the
7person individual is living. Representatives of that agency county department shall
8visit the person individual as soon as possible, but no later than 72 hours after
9notification, and do the following:
AB785, s. 106 10Section 106. 55.05 (5) (c) 1. of the statutes is renumbered 55.055 (3) (a) and
11amended to read:
AB785,67,1412 55.055 (3) (a) Determine whether the protest persists or has been voluntarily
13withdrawn and consult with the person's individual's guardian regarding the
14reasons for the admission.
AB785, s. 107 15Section 107. 55.05 (5) (c) 2. of the statutes is renumbered 55.055 (3) (b) and
16amended to read:
AB785,68,217 55.055 (3) (b) Attempt to have the person individual released within 72 hours
18if the protest is not withdrawn and necessary elements of s. 55.06 (2) or (11) are not
19present
the individual does not satisfy all standards under s. 55.08 (1) or criteria

1under 55.135 (1)
and provide assistance in identifying appropriate alternative living
2arrangements.
Note: Changes a cross-reference to the standards for protective placement and
emergency protective placement, the provisions of which are renumbered in this bill.
AB785, s. 108 3Section 108. 55.05 (5) (c) 3. of the statutes is renumbered 55.055 (3) (c) and
4amended to read:
AB785,68,115 55.055 (3) (c) Comply with s. 55.06 (11) 55.135, if all elements are present the
6individual satisfies all criteria under s. 55.135 (1)
and emergency placement in that
7home, nursing home, or other facility or another home, nursing home, or other
8facility is necessary, or file a petition for protective placement under s. 55.06 (2)
955.075. The court, with the permission of the home, nursing home, or facility, may
10order the person individual to remain in the home, nursing home, or other facility
11pending the outcome of the protective placement proceedings.
Note: Changes a cross-reference to emergency protective placement, the
provisions of which are renumbered in this bill.
AB785, s. 109 12Section 109. 55.05 (5) (d) of the statutes is renumbered 55.055 (4) and
13amended to read:
AB785,68,1814 55.055 (4) The admission to a health care facility, as defined in s. 155.01 (6),
15of a principal by a health care agent under the terms of a power of attorney for health
16care instrument and in accordance with ch. 155 or the admission of an individual to
17a nursing home or community-based residential facility under the requirements of
18s. 50.06 is not a protective placement under this chapter.
AB785, s. 110 19Section 110. 55.055 (1) (c) of the statutes is created to read:
AB785,69,220 55.055 (1) (c) The guardian of a ward who has been found incompetent in a state
21other than this state may consent to admission of the ward under par. (a) or (b) if the
22ward is currently a resident of this state. A petition for guardianship and protective

1placement shall be filed in this state within 60 days after the ward's admission under
2this paragraph.
Note: Provides that the procedure for admissions to facilities that are initially
made without court involvement may be initiated by an out-of-state guardian if the ward
is currently a resident of this state provided the petition for guardianship and protective
placement is filed within 60 days after the ward's admission to the facility.
AB785, s. 111 3Section 111. 55.055 (1) (d) of the statutes is created to read:
AB785,69,94 55.055 (1) (d) A resident of this state who is the guardian of a ward who has
5been found incompetent in, and resides in, a state other than this state may consent
6to an admission of the ward under par. (a) or (b) if the guardian intends to move the
7ward to this state within 30 days after the consent to the admission. A petition for
8guardianship and protective placement shall be filed in this state within 60 days
9after a ward's admission under this paragraph.
Note: Provides that an in-state guardian of an out-of-state ward may consent to
an admission to a facility that is initially made without court involvement if the guardian
intends to move the ward to this state within 30 days after the consent to the admission,
provided the petition for guardianship and protective placement is filed within 60 days
after the ward's admission to the facility.
AB785, s. 112 10Section 112. 55.055 (2) of the statutes is created to read:
AB785,69,1111 55.055 (2) (a) In this subsection, "facility" means any of the following:
AB785,69,1212 1. A group home.
AB785,69,1313 2. A foster home.
AB785,69,1414 3. A community-based residential facility, as defined in s. 50.01 (1g).
AB785,69,1515 4. An adult family home, as defined in s. 50.01 (1).
AB785,69,1616 5. A nursing home, as defined in s. 50.01 (3).
AB785,70,417 (b) Whenever a petition for guardianship on the ground of incompetency is filed
18with respect to an individual who resides in a facility licensed for 16 or more beds,
19a petition for protective placement of the individual shall also be filed. The
20individual may continue to reside in the facility until the court issues a decision on

1the petition for guardianship and protective placement of the individual. Thereafter,
2the individual may continue to reside in the facility only if the court's order under s.
355.12 specifies protective placement of the individual in a facility licensed for 16 or
4more beds.
Note: Specifies that a guardian may not consent to the continued residence of a
person in a facility licensed for 16 or more beds. Specifies that whenever a petition for
guardianship on the ground of incompetency is filed with respect to a person who resides
in a facility licensed for 16 or more beds, a petition for protective placement of the person
shall also be filed. Specifies that the person may continue to reside in the facility if the
court orders placement of the person in a facility licensed for 16 or more beds and may
continue to reside in the facility pending the court's decision on the placement petition.
AB785, s. 113 5Section 113. 55.06 (1) (intro.) of the statutes is renumbered 55.06 and
6amended to read:
AB785,71,2 755.06 Protective services and protective placement; eligibility. A
8protective placement under this section is a placement of a ward for the primary
9purpose of providing care and custody.
To be eligible for court-ordered protective
10placement or protective services, an individual shall be a resident of or present in the
11state and have a need for protective placement or protective services. The individual
12shall
have attained the age of 18, but an individual who is alleged to be
13developmentally disabled may receive protective placement or protective services
14upon attaining the age of 14. No protective Protective placement under this section
15or protective services may be ordered unless under this chapter there is a
16determination of incompetency
only for an individual who is determined to be
17incompetent
in accordance with ch. 880, except in the case of or for a minor who is
18alleged to be developmentally disabled, and only if there is a finding of a need for
19protective placement in accordance with sub. (2) except as provided in subs. (11) and
20(12)
under s. 55.12, and ss. 55.055 (5), 55.13, and 55.135 are inappropriate or do not
21apply
. A procedure for adult court-ordered protective placement or protective

1services
may be initiated 6 months prior to an individual's birthday at which he or
2she first becomes eligible for placement
before a minor attains age 18.
Note: Amends the current provision on eligibility for protective placement to
include eligibility for court-ordered protective services.
AB785, s. 114 3Section 114. 55.06 (1) (a) of the statutes is renumbered 55.075 (1) and
4amended to read:
AB785,71,115 55.075 (1) The board designated under s. 55.02 department, the county
6department
or an agency designated by it with which the county department
7contracts under s. 55.02 (2), a guardian, or an interested person
may file a petition
8for appointment of a guardian and for protective services or protective placement for
9an individual
. The department shall provide for a schedule of reimbursement for the
10cost of such the proceedings based upon the ability to pay of the proposed ward or
11person individual to be protected.
Note: Renumbers provisions in current law relating to petitioning for protective
services or placement and revises who may file a petition.
AB785, s. 115 12Section 115. 55.06 (1) (b) of the statutes is renumbered 55.075 (4) (b) and
13amended to read:
AB785,71,1914 55.075 (4) (b) If a person seeking to be the guardian of a proposed ward requests
15the assistance of a board designated under s. 55.02 county department or an agency
16designated by it with which it contracts under s. 55.02 (2) in petitioning for
17guardianship or for protective service or placement, such services or protective
18placement, the
assistance may be considered a service and may be charged for based
19upon the ability of such the person to pay for the service.
Note: Creates an exception to the requirement in s. 55.075 (4) (a), created in this
bill, that the court must, unless it is inequitable, award payment of the petitioner's costs
from the assets of the person sought to be provided protective placement or services.
AB785, s. 116 20Section 116. 55.06 (1) (c) of the statutes is renumbered 55.02 (3) and amended
21to read:
AB785,72,3
155.02 (3) Corporation counsel. If requested by the court, the The corporation
2counsel of the county in which the petition is brought may or, if requested by the
3court,
shall assist in conducting proceedings under this chapter.
Note: Amends current law to provide that the corporation counsel for the county
in which the petition for protective placement or services is brought may assist in
conducting proceedings under this chapter. The corporation counsel must assist if
requested by the court, as under current law.
AB785, s. 117 4Section 117. 55.06 (1) (d) of the statutes is renumbered 55.03 (4) and amended
5to read:
AB785,72,106 55.03 (4) Guardian authority for making protective placement. No guardian
7or temporary guardian may make a permanent protective placement of his or her
8ward unless ordered by a court under this section s. 55.12, but a guardian or
9temporary guardian
may admit a ward to certain residential facilities under s. 55.05
10(5)
55.055 or make an emergency protective placement under s. 55.06 (11) 55.135.
Note: Renumbers and amends a provision in current law relating to a guardian's
authority to make a protective placement of a ward, admit the ward to certain residential
facilities, or make an emergency protective placement.
AB785, s. 118 11Section 118. 55.06 (2) (intro.) of the statutes is repealed.
Note: Repeals a provision in current law; this provision is recreated in a new
section of the bill.
AB785, s. 119 12Section 119. 55.06 (2) (a) of the statutes is renumbered 55.08 (1) (a) and
13amended to read:
AB785,72,1514 55.08 (1) (a) Has The individual has a primary need for residential care and
15custody;.
AB785, s. 120 16Section 120. 55.06 (2) (b) of the statutes is renumbered 55.08 (1) (b) and
17amended to read:
AB785,72,2018 55.08 (1) (b) Except in the case of a minor who is alleged to be developmentally
19disabled, the individual has either been determined to be incompetent by a circuit
20court or has had submitted on the minor's behalf a petition for a guardianship;.
AB785, s. 121
1Section 121. 55.06 (2) (c) of the statutes is renumbered 55.08 (1) (c) and
2amended to read:
AB785,73,83 55.08 (1) (c) As a result of developmental disabilities, infirmities of aging,
4chronic degenerative brain disorder, serious and persistent mental illness, or other
5like incapacities, the individual is so totally incapable of providing for his or her own
6care or custody as to create a substantial risk of serious harm to oneself himself or
7herself
or others. Serious harm may be occasioned evidenced by overt acts or acts
8of omission; and.
Note: Revises the terms "infirmities of aging" and "chronic mental illness" to
"degenerative brain disorder" and "serious and persistent mental illness", respectively.
AB785, s. 122 9Section 122. 55.06 (2) (d) of the statutes is renumbered 55.08 (1) (d) and
10amended to read:
AB785,73,1211 55.08 (1) (d) Has The individual has a disability which that is permanent or
12likely to be permanent.
AB785, s. 123 13Section 123. 55.06 (3) (a) of the statutes is renumbered 55.075 (2) (a) and
14amended to read:
AB785,73,1715 55.075 (2) (a) The A petition shall allege that the individual meets the
16standards specified in s. 55.08 (1) or (2) and
state with particularity the factual basis
17for the allegations specified in sub. (2).
AB785, s. 124 18Section 124. 55.06 (3) (b) of the statutes is renumbered 55.075 (2) (b) and
19amended to read:
AB785,73,2120 55.075 (2) (b) The petition under sub. (2) shall be based on personal knowledge
21of the individual alleged to need protective placement or protective services.
AB785, s. 125 22Section 125. 55.06 (3) (c) of the statutes is renumbered 55.075 (5) (a) and
23amended to read:
AB785,74,6
155.075 (5) (a) The A petition under sub. (1) shall be filed in the county of
2residence of the person individual to be protected, except that the petition may be
3filed in the county in which the individual is physically present due to extraordinary
4circumstances, including requiring medical aid and preventing harm to the
5individual or others. The county of residence, as determined by the court, under s.
651.40, or by the guardian, is the county of responsibility
.
Note: Clarifies where the petition for protective placement or services shall be
filed. The petition must be filed in the county of residence of the individual to be
protected, or where the person is present due to extraordinary circumstances.
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