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.
AB785, s. 142 12Section 142. 55.06 (10) (b) of the statutes is renumbered 55.17 (1) and
13amended to read:
AB785,85,214 55.17 (1) Petition. The An individual, the individual's guardian or guardian
15ad litem, the
department, an agency, a guardian or a ward a county department or
16agency with it contracts under s. 55.02 (2)
, or any other interested person may file
17a petition
at any time petition the court for modification or for termination of a an
18order for
protective placement. A or protective services. The petition shall be served
19on the individual; the individual's guardian; the individual's attorney and guardian
20ad litem, if any; and the county department. The
petition to terminate a protective
21placement
shall allege that the conditions which warranted placement as specified
22in sub. (2) are no longer present. A petition shall be heard if a hearing has not been
23held within the previous 6 months but a hearing may be held at any time in the
24discretion of the court. The petition shall be heard within 21 days of its receipt by
25the court
individual no longer meets the standards under s. 55.08 (1) for

1court-ordered protective placement or under s. 55.08 (2) for court-ordered protective
2services
.
Note: Revises the provisions relating to a petition for protective services or
placement. These provisions expand who may petition and who must be served with the
petition; and remove provisions regarding hearing on the petition, which are placed in a
separate provision.
AB785, s. 143 3Section 143. 55.06 (10) (c) of the statutes is repealed.
Note: Repeals a provision in current law that provides that termination of a
guardianship or attainment of the age of majority by a minor terminates a protective
placement order.
AB785, s. 144 4Section 144. 55.06 (11) (a) of the statutes is renumbered 55.135 (1) and
5amended to read:
AB785,86,76 55.135 (1) If, from personal observation of, or a reliable report made to, a
7sheriff, police officer, fire fighter, guardian, if any, or authorized representative of a
8board designated under s. 55.02 or an agency designated by it county department or
9an agency with which it contracts under s. 55.02 (2),
it appears probable that an
10individual will suffer irreparable injury or death or will present is so totally
11incapable of providing for his or her own care or custody as to create
a substantial
12risk of serious physical harm to himself or herself or others as a result of
13developmental disabilities, infirmities of aging, chronic degenerative brain disorder,
14serious and persistent
mental illness, or other like incapacities if not immediately
15placed, the person making the observation or to whom the report is made may take
16into custody and transport the individual to an appropriate medical or protective
17placement facility. The person making emergency protective placement shall
18prepare a statement at the time of detention providing specific factual information
19concerning the person's observations or reports made to the person and the basis for
20emergency placement. The statement shall be filed with the director of the facility
21and shall also be filed with any petition under sub. (2) s. 55.075. At the time of

1emergency protective placement the individual shall be informed by the director of
2the facility or the director's designee, both orally and in writing, of his or her right
3to contact an attorney and a member of his or her immediate family and the right to
4have an attorney provided at public expense, as provided under s. 967.06 and ch. 977,
5if the individual is a child minor or is indigent. The director or designee shall also
6provide the individual with a copy of the statement by the person making emergency
7protective placement.
Note: Changes a provision in current law regarding emergency protective
placement, by providing that, in addition to the personal observation of a law enforcement
officer, firefighter, guardian or authorized representative of a county department,
detention may be made based on a reliable report made to one of these persons.
AB785, s. 145 8Section 145. 55.06 (11) (am) of the statutes is renumbered 55.135 (2) and
9amended to read:
AB785,86,1210 55.135 (2) Whoever signs a statement under par. (a) sub. (1) knowing the
11information contained therein in the statement to be false is guilty of a Class H
12felony.
AB785, s. 146 13Section 146. 55.06 (11) (ar) of the statutes is renumbered 55.135 (3) and
14amended to read:
AB785,86,1615 55.135 (3) A person who acts in accordance with this subsection section is not
16liable for any actions performed in good faith.
AB785, s. 147 17Section 147. 55.06 (11) (b) of the statutes is renumbered 55.135 (4) and
18amended to read:
AB785,87,719 55.135 (4) Upon detention When an individual is detained under this section,
20a petition shall be filed under sub. (2) s. 55.075 by the person making such the
21emergency protective placement and a preliminary hearing shall be held within 72
22hours, excluding Saturdays, Sundays and legal holidays, to establish probable cause
23to believe the grounds for protective placement under sub. (2) s. 55.08 (1). The sheriff

1or other person making emergency protective placement under par. (a) sub. (1) shall
2provide the individual with written notice and orally inform him or her of the time
3and place of the preliminary hearing. If the detainee is not under guardianship, a
4petition for guardianship shall accompany the protective placement petition, except
5in the case of a minor who is alleged to be developmentally disabled. In the event that
6protective placement is not appropriate, the court may elect to treat a petition for
7protective placement as a petition for commitment under s. 51.20 or 51.45 (13).
AB785, s. 148 8Section 148. 55.06 (11) (c) of the statutes is renumbered 55.135 (5) and
9amended to read:
AB785,87,2210 55.135 (5) Upon a finding of probable cause under par. (b) sub. (4), the court
11may order temporary protective placement up to 30 days pending the hearing for a
12permanent protective placement, or the court may order such protective services as
13may be required. If the court orders under this subsection an individual who has a
14developmental disability is ordered, under this paragraph, to be temporarily placed
15receive temporary protective placement in an intermediate facility or in a nursing
16facility, and if at the hearing for permanent protective placement the court orders
17that the individual be protectively placed provide protective placement, the court
18may, before commencement of permanent protective placement, extend the
19temporary protective placement order for not more than 90 days if necessary for the
20county department that is participating in the program under s. 46.278 or, if s. 46.279
21(4m) applies, the department's contractor to develop the plan required under s.
2246.279 (4).
AB785, s. 149 23Section 149. 55.06 (11) (d) of the statutes is renumbered 55.135 (6) and
24amended to read:
AB785,88,8
155.135 (6) A law enforcement agency, fire department, or county department
2designated under s. 55.02 or an agency designated by that county department or
3agency with which it contracts under s. 55.02 (2)
shall designate at least one
4employee authorized to take an individual into custody under this subsection section
5who shall attend the in-service training on emergency detention and emergency
6protective placement offered by a county department of community programs under
7s. 51.42 (3) (ar) 4. d., if the county department of community programs serving the
8designated employee's jurisdiction offers an in-service training program.
AB785, s. 150 9Section 150. 55.06 (12) of the statutes is renumbered 55.055 (5) and amended
10to read:
AB785,88,1911 55.055 (5) When If a ward lives with the his or her guardian, the guardian may
12make temporary protective placement of the ward. Placement may be made, to
13provide the guardian with a vacation or to temporarily release the guardian
14temporarily for a family emergency. Such The temporary protective placement may
15be made for not more than 30 days but the court may, upon application, grant an
16additional period not to exceed 60 days in all. The application shall include such any
17information as that the court may reasonably deem necessary. When reviewing the
18application, the court shall provide the least restrictive temporary protective
19placement which that is consistent with the needs of the ward.
AB785, s. 151 20Section 151. 55.06 (14) of the statutes is renumbered 55.175 and amended to
21read:
AB785,89,5 2255.175 Discharge from protective placement. Prior to discharge from a
23protective placement, the appropriate board which is responsible for placement
24county department shall review the need for provision of continuing protective
25services or for continuation of full or limited guardianship or provision for such a

1guardianship if the individual has no guardian. Recommendation shall be made The
2county department shall make a recommendation
to the court if the recommendation
3includes a course of action for which court approval would be required. Prior to
4discharge from any state institute or center for the developmentally disabled, the
5department shall make such the review under s. 51.35 (7).
AB785, s. 152 6Section 152. 55.06 (15) of the statutes is repealed.
Note: Repeals a provision regarding the responsibilities of a guardian to the ward,
since these provisions are present in ch. 880, stats.
AB785, s. 153 7Section 153. 55.06 (16) of the statutes is renumbered 55.21 and amended to
8read:
AB785,89,11 955.21 Centers for the developmentally disabled. Placements Protective
10placements
to centers for the developmentally disabled and discharges from such
11institutions shall be in compliance with s. 51.35 (4).
AB785, s. 154 12Section 154. 55.06 (17) of the statutes is renumbered 55.22 and amended to
13read:
AB785,89,17 1455.22 Records. (1) (intro.) Any No records of the court pertaining to protective
15services or protective placement proceedings, including evaluations, reviews and
16recommendations prepared under sub. (8) (c) s. 55.11 (1) (c), are not open to public
17inspection but are any record is available to all of the following:
AB785,89,1918 (a) The individual who is the subject of the proceedings and the subject's
19individual's guardian at all times.
AB785,90,220 (b) The subject's individual's attorney or guardian ad litem, without the
21subject's individual's consent and without modification of the records, in order to
22prepare for any court proceedings relating to the subject's individual's protective

1services or protective placement or relating to the subject's individual's
2guardianship.
AB785,90,53 (c) Other persons only with the informed written consent of the subject
4individual as provided in s. 51.30 (2) or under an order of the court that maintains
5the records.
AB785,90,8 6(2) If the subject individual is an adult who has been adjudged incompetent
7under ch. 880 or is a minor, consent for release of information from and access to the
8court records may be given only as provided in s. 51.30 (5).
AB785,90,12 9(3) All treatment and service records pertaining to a person an individual who
10is protected under this chapter or for whom application has been made for protection
11under this chapter are confidential and privileged to the subject. Section 51.30
12governs access to treatment and service records.
Note: Renumbers a provision in current law relating to records in protective
placement and services proceedings and makes minor wording changes.
AB785, s. 155 13Section 155. 55.06 (18) of the statutes is renumbered 55.20 and amended to
14read:
AB785,90,18 1555.20 Appeals. An appeal may be taken to the court of appeals from a final
16judgment or final order under this section chapter within the time period specified
17in s. 808.04 (3) and in accordance with s. 809.30 by the subject of the petition or the
18individual's guardian, by any petitioner, or by the representative of the public.
AB785, s. 156 19Section 156. 55.07 of the statutes is renumbered 55.23, and 55.23 (1) and (2),
20as renumbered, are amended to read:
AB785,90,2321 55.23 (1) The rights and limitations upon rights, procedures for enforcement
22of rights, and penalties prescribed in s. 51.61 apply to persons individuals who
23receive services under this chapter, whether on a voluntary or involuntary basis.
AB785,91,3
1(2) A parent who has been denied periods of physical placement under s. 767.24
2(4) (b) or 767.325 (4) may not have the rights of a parent or guardian with respect to
3access to a child's minor's records under this chapter.
AB785, s. 157 4Section 157. 55.075 of the statutes is created to read:
AB785,91,6 555.075 Protective services or protective placement; petition. Except as
6provided in s. 971.14 (6) (b):
AB785,91,7 7(1) Who may petition.
AB785,91,8 8(2) Contents of petition.
AB785,91,9 9(3) Petition for guardianship; review of incompetency.
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