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.
AB785,91,13
10(4) Fees and costs of petition. (a) The court shall award, from the assets of
11the individual sought to be protectively placed or protectively served, payment of the
12petitioner's reasonable attorney fees and costs, unless the court finds, after
13considering all of the following, that it would be inequitable to do so:
AB785,91,1614
1. The petitioner's interest in the matter, including any conflict of interest that
15the petitioner may have had in pursuing the guardianship or protective placement
16or services.
AB785,91,1817
2. The ability of the estate of the individual sought to be protectively placed or
18protectively served to pay the petitioner's reasonable attorney fees and costs.
AB785,91,1919
3. Whether the petition was contested and, if so, the nature of the contest.
AB785,91,2420
4. Whether the individual sought to be protectively placed or protectively
21served had executed a durable power of attorney under s. 243.07 or a power of
22attorney for health care under s. 155.05 or had provided advance consent to nursing
23home admission or engaged in other advance planning to avoid protective placement
24or protective services.
AB785,91,2525
5. Any other factors that the court considers to be relevant.
AB785,92,1
1(5) Where a petition may be filed; venue; county of responsibility.
AB785,92,122
(b) The court in which a petition is first filed under par. (a) shall determine
3venue. The court shall direct that proper notice be given to any potentially
4responsible or affected county. Proper notice is given to a potentially responsible or
5affected county if written notice of the proceeding is sent by certified mail to the
6county's clerk and corporation counsel. After all potentially responsible or affected
7counties and parties have been given an opportunity to be heard, the court shall
8determine that venue lies in the county in which the petition is filed under par. (a)
9or in another county, as appropriate. If the court determines that venue lies in
10another county, the court shall order the entire record certified to the proper court.
11A court in which a subsequent petition is filed shall, upon being satisfied of an earlier
12filing in another court, summarily dismiss the subsequent petition.
Note: Renumbers and reorganizes provisions relating to a petition for protective
placement or services. Adds to ch. 55 provisions similar to those in current s. 880.24 (3),
stats., requiring the court to award payment of reasonable attorney fees and costs to a
person who petitions for protective services or placement. Also, adds new provisions
relating to venue in a protective placement or services proceeding.
AB785, s. 158
13Section
158. 55.08 of the statutes is created to read:
AB785,92,16
1455.08 Protective services or protective placement: standards. (1) 15Protective placement. A court may under s. 55.12 order protective placement for
16an individual who meets all of the following standards:
AB785,92,18
17(2) Protective services. A court may under s. 55.12 order protective services
18for an individual who meets all of the following standards:
AB785,92,2119
(a) The individual has been determined to be incompetent by a circuit court or
20is a minor who is alleged to be developmentally disabled and on whose behalf a
21petition for a guardianship has been submitted.
AB785,93,4
1(b) As a result of developmental disabilities, degenerative brain disorder,
2serious and persistent mental illness, or other like incapacities, the individual will
3incur a substantial risk of physical harm or deterioration or will present a
4substantial risk of physical harm to others if protective services are not provided.
Note: Renumbers and reorganizes provisions relating to standards that a court
must consider when determining whether an individual meets the standards for
protective placement; adds standards that a court must consider when determining
whether an individual meets the standards for court-ordered protective services.
Although courts order protective services under current law, there are no specific
statutory provisions for courts to follow when ordering protective services.
AB785, s. 159
5Section
159
. 55.09 of the statutes is created to read:
AB785,93,7
655.09 Notice of petition and hearing for protective services or
7placement.
AB785,93,10
8(2) Other notice required. In addition to the notice required under sub. (1),
9notice shall be served, personally or by mail, at least 10 days before the time set for
10a hearing, upon all of the following:
AB785,93,1211
(a) The guardian ad litem, legal counsel, and guardian, if any, of the individual
12sought to be protected.
AB785,93,1413
(b) The agent under an activated power of attorney for health care, if any, of the
14individual sought to be protected.
AB785,93,1515
(c) The presumptive adult heirs, if any, of the individual sought to be protected.
AB785,93,1816
(d) Other persons who have physical custody of the individual sought to be
17protected whose names and addresses are known to the petitioner or can with
18reasonable diligence be ascertained.
AB785,93,1919
(e) The county department.
AB785,93,2120
(f) Any governmental or private body or group from whom the individual sought
21to be protected is known to be receiving aid.
AB785,93,2222
(g) Any other persons or entities that the court may require.
AB785,94,2
1(h) The department, if the individual sought to be protected may be placed in
2a center for the developmentally disabled.
AB785,94,73
(i) The county department that is participating in the program under s. 46.278
4of the county of residence of the individual sought to be protected, if the individual
5has a developmental disability and may be placed in an intermediate facility or a
6nursing facility, except that, for an individual sought to be protected to whom s.
746.279 (4m) applies, this notice shall instead be served on the department.