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.
AB785, s. 126
7Section
126. 55.06 (4) of the statutes is renumbered 55.075 (3) and amended
8to read:
AB785,74,149
55.075
(3) A petition for guardianship
if required under sub. (2) (b) must 10described in s. 55.08 (1) (b) or (2) (a) shall be heard prior to
ordering protective 11placement
under this section or protective services. If
incompetency has been the
12individual is determined
incompetent under s. 880.33 more than
one year preceding 1312 months before the filing of an application for protective placement
or protective
14services on his or her behalf, the court shall review the finding of incompetency.
AB785, s. 127
15Section
127. 55.06 (5) of the statutes is renumbered 55.09 (1) and amended
16to read:
AB785,75,1917
55.09
(1) Notice to individual. Notice of a petition for
protective placement
18or protective services shall be served upon the
person individual sought to be
placed 19protected, by personal service, at least 10 days
prior to before the time set for a
20hearing.
Upon service of the notice, the person sought to be protected shall be
21informed of the complete contents of the notice. The person serving the notice shall
22inform the individual sought to be protected of the complete contents of the notice
23and shall return a certificate to the circuit judge verifying that the petition has been
1delivered and notice given. The notice shall include the names of all petitioners.
2Notice shall also be served personally or by mail upon the person's guardian ad litem,
3legal counsel, guardian, if any, presumptive adult heirs, and upon other persons who
4have physical custody of the person to be protected whose names and addresses are
5known to the petitioner or can with reasonable diligence be ascertained, to any
6governmental or private body or group from whom the person to be protected is
7known to be receiving aid, and to such other persons or entities as the court may
8require. Notice shall also be served personally or by mail upon the department at
9least 10 days prior to the time set for hearing if the person sought to be protected may
10be placed in a center for the developmentally disabled. Notice shall also be served
11personally or by mail, at least 10 days before the time set for hearing, upon the county
12department that is participating in the program under s. 46.278 of the county of
13residence of the person sought to be protected, if the person has a developmental
14disability and may be placed in an intermediate facility or a nursing facility, except
15that, for a person sought to be protected to whom s. 46.279 (4m) applies, this notice
16shall instead be served on the department. The incompetent or proposed
17incompetent is presumed able to attend the hearing unless, after a personal
18interview, the guardian ad litem certifies to the court that the person is unable to
19attend.
Note: Deletes provision from current law relating to notice of petition and hearing
for protective placement. These provisions are placed in a new statutory section, s. 55.09,
"Notice of petition and hearing for protective services or placement.", which is found in
Section 159 of this bill.
AB785, s. 128
20Section
128. 55.06 (5m) of the statutes is renumbered 55.10 (1) and amended
21to read:
AB785,76,822
55.10
(1) Time limits. A petition for protective placement
of a person who has
23been admitted to a nursing home or a community-based residential facility under
1s. 50.06 or protective services shall be heard within 60 days after it is filed
unless an
2extension of this time is requested by the petitioner, the individual sought to be
3protected or the individual's guardian ad litem, or the county department, in which
4case the court may extend the date for hearing by up to 45 days. If an individual
5under s. 50.06 (3) alleges that
an another individual is making a health care decision
6under s. 50.06 (5) (a) that is not in the best interests of the incapacitated individual
7or if the incapacitated individual verbally objects to or otherwise actively protests the
8admission, the petition shall be heard as soon as possible within the 60-day period.
Note: Allows certain parties to request an extension of up to 45 days of the 60-day
time period within which a petition for protective placement or services must be heard.
AB785, s. 129
9Section
129. 55.06 (6) of the statutes is renumbered 55.10 (4) (b) and amended
10to read:
AB785,77,1011
55.10
(4) (b)
Guardian ad litem; costs. Section 880.33 (2) applies to all hearings
12under this chapter except for transfers of placement under sub. (9) (b), (c) and (e).
13A person to be protected shall have a The court shall in all cases require the
14appointment of an attorney as guardian ad litem
who is an attorney appointed in
15accordance with s. 757.48 (1)
present at all hearings under this chapter if the person
16does not have full legal counsel. The responsibilities and duties of a guardian ad
17litem on behalf of a proposed ward or individual who is alleged incompetent specified
18in s. 880.331 (4) apply to a guardian ad litem appointed in a proceeding for protective
19services or protective placement on behalf of an individual sought to be protected.
20If a guardian has been appointed for an individual who is the subject of a petition for
21court-ordered protective placement or protective services, the guardian ad litem
22shall interview the guardian. The guardian ad litem shall be present at all hearings
23under this chapter if the individual sought to be protected does not have full legal
1counsel. The court may, however, excuse a personal appearance by a guardian ad
2litem based on information contained in a written report by the guardian ad litem
3to the court. If the
person individual sought to be protected is an adult who is
4indigent, the county
of legal settlement shall be liable for
any fees due the guardian
5ad litem
fees. If the
person individual sought to be protected is a
child, the person's 6minor, the minor's parents or the county
of legal settlement in which the hearing is
7held shall be liable for
any fees due the guardian ad litem
fees as provided in s. 48.235
8(8).
The subject individual, attorney or guardian ad litem shall have the right to
9present and cross-examine witnesses, including any person making an evaluation
10or review under sub. (8) (c).
Note: Clarifies that the responsibilities and duties of a guardian ad litem on behalf
of an individual who is the subject of a protective placement or services proceeding are
the same as those in a proceeding under ch. 880, relating to guardianship.
AB785, s. 130
11Section
130. 55.06 (7) of the statutes is renumbered 55.10 (4) (d) and amended
12to read:
AB785,77,1913
55.10
(4) (d)
Standard of proof.
Except for emergency placement or temporary
14placement under subs. (11) and (12), before Before protective placement
or protective
15services may be ordered under
this chapter s. 55.12, the court or jury must find by
16clear and convincing evidence that the individual to be
placed protected is in need
17of
protective placement
as provided in sub. (2) because he or she meets all of the
18standards under s. 55.08 (1) or is in need of protective services because he or she
19meets all of the standards under s. 55.08 (2).
Note: Clarifies the standard of proof at protective placement or services hearing;
provides that the person must meet the standards for protective placement or protective
services before an order may be entered.
AB785, s. 131
20Section
131
. 55.06 (8) (intro.) of the statutes is renumbered 55.11 (1) (intro.)
21and amended to read:
AB785,79,2
155.11
(1) (intro.) Before ordering
the protective placement
of or protective
2services for any individual, the court shall
direct require a comprehensive evaluation
3of the
person in need of placement individual sought to be protected, if such an
4evaluation has not already been made. The court may utilize available
5multidisciplinary resources in the community in determining the need for
protective 6placement
or protective services. The
board designated under s. 55.02 or an agency
7designated by it county department or an agency with which it contracts under s.
855.02 (2) shall cooperate with the court in securing available resources.
Where
9applicable by reason of the particular disability, the appropriate board designated
10under s. 55.02 or an agency designated by it having responsibility for the place of
11legal residence of the individual as provided in s. 49.001 (6) shall make a
12recommendation for placement. If the court is considering placement of the
13individual in a center for the developmentally disabled, the court shall request a
14statement or testimony from the department regarding whether the placement is
15appropriate for the person's needs and whether it is consistent with the purpose of
16the center under s. 51.06 (1). If the individual has a developmental disability and
17the court is considering placement of the individual in an intermediate facility or a
18nursing facility, the court shall request a statement or testimony from the county
19department of the individual's county of residence that is participating in the
20program under s. 46.278 as to whether the individual's needs could be met in a
21noninstitutional setting, except that, if s. 46.279 (4m) applies to the individual, the
22court shall request the statement or testimony from the department, rather than the
23county department. A copy of the comprehensive evaluation shall be provided to the
24guardian, the guardian ad litem, and to the individual or attorney at least 96 hours
25in advance of the hearing to determine placement. The court or the cooperating
1agency obtaining the evaluation shall request appropriate information which shall
2include at least the following:
AB785, s. 132
3Section
132. 55.06 (8) (a) of the statutes is renumbered 55.11 (1) (a) and
4amended to read:
AB785,79,65
55.11
(1) (a) The address of the place where the
person individual is residing
6and the person or agency who is providing services at present, if any.
AB785, s. 133
7Section
133. 55.06 (8) (b) of the statutes is renumbered 55.11 (1) (b) and
8amended to read:
AB785,79,119
55.11
(1) (b) A resume of
any professional treatment and services provided to
10the
person individual by the department or agency
, if any, in connection with the
11problem creating the need for
protective placement
or protective services.
AB785, s. 134
12Section
134
. 55.06 (8) (c) of the statutes is renumbered 55.11 (1) (c) and
13amended to read:
AB785,79,1914
55.11
(1) (c) A medical, psychological, social, vocational
, and educational
15evaluation and review,
where if necessary, and any recommendations for or against
16maintenance of partial legal rights as provided in s. 880.33.
Such The evaluation and
17review shall include recommendations for
the individual's placement
that are 18consistent with the
least restrictive environment required requirements of s. 55.12
19(3), (4), and (5).
Note: Section 131 to 134 renumber and reorganize provisions regarding a
comprehensive evaluation of an individual who is the subject of a protective placement
or services petition.
AB785, s. 135
20Section
135. 55.06 (9) (a) of the statutes is renumbered 55.12 (1) and amended
21to read:
AB785,80,622
55.12
(1) The court may order protective services under s. 55.05 (2) (d) as an
23alternative to placement. When ordering
protective placement
under the standards
1specified in s. 55.08 (1) or protective services under the standards specified in s. 55.08
2(2), the court, on the basis of the evaluation and other relevant evidence, shall order
3the
appropriate board specified under s. 55.02 or an agency designated by it to
4protectively place county department or agency with which it contracts under s.
555.02 (2) to provide protective placement or protective services to the individual.
6Placement by the appropriate board or designated agency is
AB785,80,12
7(3) Protective placement or protective services provided by a county
8department or an agency with which it contracts under s. 55.02 (2) are subject to s.
946.279 and shall be
made provided in the least restrictive environment
and in the
10least restrictive manner consistent with the needs of the
person individual to be
11placed protected and with the
placement resources of the
appropriate board specified
12under s. 55.02 county department.
AB785,80,22
13(4) Factors
to be considered that a county department shall consider in
making 14providing protective placement
or protective services shall include the needs of the
15person individual to be protected for health, social, or rehabilitative services; the
16level of supervision needed; the reasonableness of the placement
or services given the
17cost and the actual benefits in the level of functioning to be realized by the individual;
18the limits of available state and federal funds and of county funds required to be
19appropriated to match state funds; and the reasonableness of the
protective 20placement
or protective services given the number or projected number of
21individuals who will need protective placement or
protective services and given the
22limited funds available.
AB785,81,3
23(5) Except as provided in s. 49.45 (30m), the county may not be required to
24provide funding, in addition to its funds that are required to be appropriated to
25match state funds, in order to
protectively place
provide protective placement or
1protective services to an individual.
Placement Protective placement under this
2section does not replace commitment of
a person an individual in need of acute
3psychiatric treatment under s. 51.20 or 51.45 (13).
AB785,81,15
4(2) Subject to s. 46.279,
protective placement may be made to
such facilities as 5nursing homes, public medical institutions, centers for the developmentally disabled
6under the requirements of s. 51.06 (3), foster care services
and or other home
7placements, or to other appropriate facilities
, but may not be made to units for the
8acutely mentally ill.
An individual who is subject to an order for protective
9placement or protective services may be detained on an emergency basis under s.
1051.15 or involuntarily committed under s. 51.20 or may be voluntarily admitted to
11a treatment facility for inpatient care under s. 51.10 (8). No individual who is subject
12to an order for protective placement or services may be involuntarily transferred to,
13detained in, or committed to a treatment facility for care except under s. 51.15 or
1451.20. Protective placement in a locked unit shall require a specific finding of the
15court as to the need for the action.
AB785,82,8
16(6) If the
appropriate board or designated county department or agency
with
17which it contracts under s. 55.02 (2) proposes to
place provide protective placement
18to an individual who has a developmental disability in an intermediate facility or a
19nursing facility under an order under this
paragraph
section, the county department
20or agency, or, if s. 46.279 (4m) applies to the individual, the department or the
21department's contractor shall develop a plan under s. 46.279 (4) and furnish the plan
22to the
board county department or agency and to the individual's guardian. The
23board county department or agency
with which it contracts under s. 55.02 (2) shall
24place
provide protective placement to the individual in a noninstitutional
25community setting in accord with the plan unless the court finds that
protective
1placement in the intermediate facility or nursing facility is the most integrated
2setting, as defined in s. 46.279 (1) (bm), that is appropriate to the needs of the
3individual
, taking into account information presented by all affected parties.
The
4prohibition of placements in units for the acutely mentally ill does not prevent
5placement by a court for short-term diagnostic procedures under par. (d). Placement
6in a locked unit shall require a specific finding of the court as to the need for such
7action. A placement facility may transfer a patient from a locked unit to a less
8restrictive environment without court approval.
Note: Renumbers and reorganizes the provisions relating to an order for
protective placement or services; clarifies that an individual who is subject to an order
of protective placement or services may be detained on an emergency basis under s. 51.15
or involuntarily committed under s. 51.20, or voluntarily admitted to a treatment facility
for inpatient care under s. 51.10 (8).
AB785, s. 136
9Section
136
. 55.06 (9) (b) of the statutes is repealed.
AB785, s. 137
10Section
137
. 55.06 (9) (c) of the statutes is repealed.
Note: Sections 136 and 137 repeal provisions that have been incorporated into
other statutory sections.
AB785, s. 138
11Section
138
. 55.06 (9) (d) of the statutes is repealed.
AB785, s. 139
12Section
139
. 55.06 (9) (e) of the statutes is repealed.
Note: Sections 138 and 139 repeal provisions that have been found
unconstitutional.
AB785, s. 140
13Section
140. 55.06 (10) (a) 1. of the statutes is renumbered 55.18 (1) (a) (intro.)
14and amended to read:
AB785,83,1515
55.18
(1) (a) (intro.) The
county department
or any agency which is responsible
16for a protective placement of the individual's county of residence shall
, except as
17provided in sub. (1m), annually review the status of each
person placed at least once
18every 12 months from the date of admission. The court in its order of placement may,
19however, require that such review be conducted more frequently individual who has
20been provided protective placement. The review shall include
in writing an a visit
1to the individual and a written evaluation of the physical, mental and social
2condition of
each such person, and the individual and the service needs of the
3individual. The review shall be made a part of the permanent record of
such person.
4The review shall include recommendations for discharge or placement in services
5which place less restrictions on personal freedom, where appropriate. The results
6of the review shall be furnished to the department in such form as the department
7may require and shall be furnished to the court that ordered the placement and to
8the person's guardian. the individual. The county department shall inform the
9guardian of the individual of the review at the time the review is made and shall,
10before completing a report of the review, invite the individual and the guardian to
11submit comments or information concerning the individual's need for protective
12placement or protective services. Not later than the first day of the 11th month after
13the initial order is made for protective placement for an individual and, except as
14provided in par. (b), annually thereafter, the county department shall do all of the
15following:
Note: Renumbers and amends provisions relating to annual review of protective
placement. Provides that the individual's guardian must be notified of the review and
invite the individual and the guardian to submit comments or information concerning the
individual's need for protective placement or protective services.
Requires the county department of the county of residence of a protectively placed
individual to annually review the status of the individual, as required by State ex. rel.
Watts and County of Dunn v. Goldie H., as described in the prefatory note. Specifies the
required elements of the review, including a visit to the individual and a written
evaluation of the individual's condition.
AB785, s. 141
16Section
141. 55.06 (10) (a) 2. of the statutes is renumbered 55.18 (1) (ar) and
17amended to read:
AB785,84,1118
55.18
(1) (ar) If the
person individual has a developmental disability and is
19protectively placed in an intermediate facility or a nursing facility, the agency that
20is responsible for the protective placement shall notify in writing the county
1department of the county of residence of the
person individual that is participating
2in the program under s. 46.278 or, if s. 46.279 (4m) applies to the
person individual,
3the department, at least 120 days before the review. The county department so
4notified or, if s. 46.279 (4m) applies, the department's contractor
, shall develop a plan
5under s. 46.279 (4) and furnish the plan to the court that ordered the
protective 6placement and to the
person's individual's guardian. The court shall order that the
7person individual be transferred to the noninstitutional community setting in
8accordance with the plan unless the court finds that
protective placement in the
9intermediate facility or nursing facility is the most integrated setting, as defined in
10s. 46.279 (1) (bm), that is appropriate to the needs of the
person individual taking into
11account information presented by all affected parties.