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AB785, s. 152 6Section 152. 55.06 (15) of the statutes is repealed.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.
AB785,94,10 8(3) Notice of petition for involuntary administration of psychotropic
9medication.
Notice of a petition under s. 55.14 shall be served personally or by mail
10upon the corporation counsel and county department.
Note: Creates a new section relating to notice of petition and hearing for protective
services or placement, which incorporates and reorganizes provisions in current law
regarding who must be served with notice of a hearing for protective services or
placement.
AB785, s. 160 11Section 160 . 55.10 of the statutes is created to read:
AB785,94,13 1255.10 Hearing on petition for protective services or protective
13placement.
AB785,94,22 14(2) Attendance. The individual sought to be protected shall be present at the
15hearing on the petition unless, after a personal interview, the guardian ad litem
16certifies in writing to the court that the individual is unwilling to participate or
17unable to participate in a meaningful way or certifies other specific reasons why the
18individual is unable to attend. If the individual is unable to attend a hearing only
19because of physical inaccessibility or lack of transportation, the court shall, if
20requested by the individual, the individual's guardian ad litem, the individual's
21counsel, or other interested person, hold the hearing in a place where the individual
22is able to attend.
AB785,95,5
1(3) Hearing to be open. The hearing shall be open, unless the individual sought
2to be protected, or his or her attorney acting with the consent of the individual sought
3to be protected, requests that it be closed. If the hearing is closed, only persons in
4interest, including representatives of providers of service and their attorneys and
5witnesses, may be present.
AB785,95,8 6(4) Rights. The following provisions apply to all hearings under this chapter
7except transfers of placement under s. 55.15 and summary hearings under ss. 55.18
8(3) (d) and 55.19 (3) (d):
AB785,95,259 (a) Counsel; costs. The individual sought to be protected has the right to counsel
10whether or not the individual is present at the hearing on the petition. The court
11shall require representation by full legal counsel whenever the petition alleges that
12the individual is not competent to refuse psychotropic medication under s. 55.14, the
13individual sought to be protected requested such representation at least 72 hours
14before the hearing, the guardian ad litem or any other person states that the
15individual sought to be protected is opposed to the petition, or the court determines
16that the interests of justice require it. If the individual sought to be protected or any
17other person on his or her behalf requests but is unable to obtain legal counsel, the
18court shall appoint legal counsel. Counsel shall be provided at public expense, as
19provided under s. 967.06 and ch. 977, if the individual is indigent. If the individual
20sought to be protected is an adult who is indigent, and if counsel was not appointed
21under s. 977.08, the county in which the hearing is held is liable for any fees due the
22individual's legal counsel. If the individual sought to be protected is represented by
23counsel appointed under s. 977.08 in a proceeding for the appointment of a guardian
24under s. 880.33, the court shall order the counsel appointed under s. 977.08 to
25represent under this section the individual sought to be protected.
AB785,96,7
1(c) Trial by jury; right to cross examine witnesses. The individual sought to be
2protected has the right to a trial by a jury if demanded by the individual sought to
3be protected or his or her attorney or guardian ad litem. The number of jurors shall
4be determined under s. 756.06 (2) (b). The individual sought to be protected, and the
5individual's attorney and guardian ad litem have the right to present and
6cross-examine witnesses, including any person making an evaluation or review
7under s. 55.11.
AB785,96,98 (e) Independent evaluation. The individual sought to be protected has the right
9to secure an independent evaluation as provided in s. 55.11 (2).
Note: Creates a new section on hearing on the petition for protective placement
or services, which incorporates and reorganizes provisions in current law. Also, modifies
provision regarding attendance of the individual to be protected at the hearing. Specifies
the rights that apply to all hearings under ch. 55. These rights are present under current
law, but are contained in ch. 880 and only cross-referenced currently in ch. 55. This
provisions specifies these rights within ch. 55 for easier reference.
AB785, s. 161 10Section 161. 55.11 of the statutes is created to read:
AB785,96,11 1155.11 Comprehensive evaluation; recommendations; statements.
AB785,96,18 12(2) If requested by the individual sought to be protected, or anyone on the
13individual's behalf, the individual sought to be protected has the right at his or her
14own expense, or, if indigent, at the expense of the county where the petition is filed,
15to secure an independent comprehensive evaluation, if an independent
16comprehensive evaluation has not already been made. The individual, or anyone on
17the individual's behalf, may present a report of this independent comprehensive
18evaluation or the evaluator's personal testimony as evidence at the hearing.
AB785,97,2 19(3) A copy of the comprehensive evaluation and any independent
20comprehensive evaluation shall be provided to the individual's guardian, agent
21under any activated health care power of attorney, and guardian ad litem, and to the

1individual or the individual's attorney at least 96 hours in advance of the hearing to
2determine protective placement or protective services.
AB785,97,6 3(4) Where applicable by reason of the particular disability, the county
4department or an agency with which it contracts under s. 55.02 (2) that has
5responsibility where the individual has legal residence shall make a
6recommendation for protective placement or protective services.
AB785,97,11 7(5) If the court is considering protective placement of the individual in a center
8for the developmentally disabled, the court shall request a statement or testimony
9from the department regarding whether the protective placement is appropriate for
10the individual's needs and whether it is consistent with the purpose of the center
11under s. 51.06 (1).
AB785,97,19 12(6) If the individual has a developmental disability and the court is considering
13protective placement of the individual in an intermediate facility or a nursing
14facility, the court shall request a statement or testimony from the county department
15of the individual's county of residence that is participating in the program under s.
1646.278 as to whether the individual's needs could be met in a noninstitutional
17setting, except that, if s. 46.279 (4m) applies to the individual, the court shall request
18the statement or testimony from the department, rather than the county
19department.
Note: Creates a new section relating to a comprehensive evaluation in a protective
placement or services proceeding, which incorporates and reorganizes provisions in
current law. Also, creates a right to request an independent evaluation by a person who
is the subject of a protective placement proceeding that is parallel to the right to request
an independent evaluation in s. 880.33 (2) (b) when a person is the subject of a
guardianship proceeding.
This right to an independent evaluation applies when such an evaluation has not
already been made. For example, if a person who is the subject of both a guardianship
and protective placement proceeding requested an independent evaluation under s.
880.33 (2) (b), the person would not also be able to request an independent evaluation
under s. 55.11.
AB785, s. 162
1Section 162. 55.12 of the statutes is created to read:
AB785,98,2 255.12 Order for protective services or protective placement.
AB785,98,5 3(7) If an individual to be protectively placed is a resident of a facility licensed
4for 16 or more beds, the court may consider whether moving the individual would
5create a serious risk of harm to that individual.
AB785,98,7 6(8) The court may order protective services as an alternative to protective
7placement.
AB785,98,9 8(9) The court may order psychotropic medication as a protective service only
9as provided in s. 55.14.
Note: Moves provisions in current s. 55.06 (9) (a), relating to orders for protective
services or protective placements, to a newly created statutory section, s. 55.12. Also,
creates additional provisions that clarify court orders relating to moving an individual
who is a resident of a facility licensed for 16 or more beds; court orders for protective
services as an alternative to placement; and court orders for psychotropic medication as
a protective service.
AB785, s. 163 10Section 163. 55.13 (2) and (3) of the statutes are created to read:
AB785,98,2211 55.13 (2) If the county department or agency with which the county
12department contracts under s. 55.02 (2) that is providing emergency protective
13services to an individual under sub. (1) has reason to believe that the individual
14meets the criteria for protective services under s. 55.08 (2), the county department
15or agency may file a petition under s. 55.075. If a petition is filed, a preliminary
16hearing shall be held within 72 hours, excluding Saturdays, Sundays, and legal
17holidays, to establish probable cause that the criteria under s. 55.08 (2) are present.
18The county department or agency shall provide the individual with written notice
19and orally inform the individual of the time and place of the preliminary hearing.
20If the individual is not under guardianship, a petition for guardianship shall
21accompany the petition under s. 55.08 (2), except in the case of a minor who is alleged
22to be developmentally disabled.
AB785,99,3
1(3) Upon finding probable cause under sub. (2), the court may order emergency
2protective services to continue to be provided for up to 60 days pending the hearing
3on protective services under s. 55.10.
Note: Creates new provisions to provide direction to a county department that is
providing emergency protective services to permit the department to file a petition for
protective services for an individual who is receiving emergency protective services.
AB785, s. 164 4Section 164. 55.135 (title) of the statutes is created to read:
AB785,99,5 555.135 (title) Emergency and temporary protective placement.
Note: Creates a title for new statutory section on emergency and temporary
protective placement.
AB785, s. 165 6Section 165. 55.14 of the statutes is created to read:
Loading...
Loading...