Note: Changes a cross-reference in current law defining "prisoner" in chapter 301
of the statutes, pertaining to the department of corrections, to reflect renumbering and
amending of ch. 55.
AB785,131,1312
560.9811
(1) In this section, "
chronic mental illness
serious and persistent" has
13the meaning given in s. 51.01
(3g) (14t).
AB785,131,2316
560.9811
(2) From the appropriation under s. 20.143 (2) (fr), the department
17may not award more than $45,000 in each fiscal year to applying public or nonprofit
18private entities for the costs of providing certain mental health services to homeless
19individuals with
chronic serious and persistent mental illness. Entities that receive
20funds awarded by the department under this subsection shall provide the mental
21health services required under
42 USC 290cc-24. The amount that the department
22awards to an applying entity may not exceed 50% of the amount of matching funds
23required under
42 USC 290cc-23.
Note: Sections 174 and 175 delete the word "chronic" and replace it with the term
"serious and persistent" to modify the term "mental illness", which is more up-to-date
terminology.
AB785, s. 176
1Section
176. 609.65 (1) (intro.) of the statutes is amended to read:
AB785,132,102
609.65
(1) (intro.) If an enrollee of a limited service health organization,
3preferred provider plan, or defined network plan is examined, evaluated, or treated
4for a nervous or mental disorder pursuant to
a court order under s. 880.33 (4m) or
5(4r), 2003 stats., an emergency detention under s. 51.15, a commitment or a court
6order under s. 51.20
or 880.33 (4m) or (4r), an order under s. 55.14 or 55.19 (3) (e), 7or
an order under ch. 980, then, notwithstanding the limitations regarding
8participating providers, primary providers, and referrals under ss. 609.01 (2) to (4)
9and 609.05 (3), the limited service health organization, preferred provider plan, or
10defined network plan shall do all of the following:
Note: Changes a cross-reference in current law regarding insurance coverage for
court-ordered services for the mentally ill, to reflect renumbering and amending of ch.
55.
AB785, s. 177
11Section
177. 757.69 (1) (h) of the statutes is amended to read:
AB785,132,2012
757.69
(1) (h) Hear petitions for commitment and conduct probable cause
13hearings under ss. 51.20, 51.45
, 55.13, and
55.06 (11) 55.135, conduct reviews of
14guardianships and protective placements and protective services under chs. 55 and
15880, advise a person alleged to be mentally ill of his or her rights under the United
16States and Wisconsin constitutions
, and, if the person claims or appears to be unable
17to afford counsel, refer the person to the authority for indigency determinations
18specified under s. 977.07 (1) or, if the person is a child, refer that child to the state
19public defender who shall appoint counsel for the child without a determination of
20indigency, as provided in s. 48.23 (4).
Note: Changes a cross-reference in current law authorizing circuit court
commissioners to conduct probable cause hearings on emergency protective placements,
to reflect renumbering and amending of ch. 55 and authorizes commissioners to conduct
probable cause hearings for emergency protective services, which are created in the bill.
AB785, s. 178
1Section
178. 767.24 (7) (b) of the statutes is amended to read:
AB785,133,62
767.24
(7) (b) A parent who has been denied periods of physical placement with
3a child under this section is subject to s. 118.125 (2) (m) with respect to that child's
4school records, s. 51.30 (5) (bm) with respect to the child's court or treatment records,
5s.
55.07 55.23 with respect to the child's records relating to protective services
, and
6s. 146.835 with respect to the child's patient health care records.
Note: Changes a cross-reference in current law regarding access to a child's
records relating to protective services by a parent who has been denied periods of physical
placement with a child, to reflect renumbering and amending of ch. 55.
AB785, s. 179
7Section
179. 808.075 (4) (c) 1. of the statutes is amended to read:
AB785,133,108
808.075
(4) (c) 1.
Review Protective placement review under s. 55.18,
9modification
under s. 55.16, or termination
of protective placement under s.
55.06
10(10) 55.17.
Note: Changes a cross-reference in current law regarding permitted court actions
pending appeal, to reflect renumbering and amending of ch. 55.
AB785, s. 180
11Section
180. 808.075 (4) (c) 2. of the statutes is amended to read:
AB785,133,1212
808.075
(4) (c) 2. Hearing required upon transfer under s.
55.06 (9) 55.15.
Note: Changes a cross-reference in current law regarding permitted court actions
pending appeal, to reflect renumbering and amending of ch. 55.
AB785, s. 181
13Section
181. 808.075 (4) (c) 3. of the statutes is amended to read:
AB785,133,1414
808.075
(4) (c) 3. Enforcement of patient's rights under s.
55.07 55.23.
Note: Changes a cross-reference in current law regarding permitted court actions
pending appeal, to reflect renumbering and amending of ch. 55.
AB785, s. 182
15Section
182. 809.30 (1) (b) 5. of the statutes is amended to read:
AB785,133,1716
809.30
(1) (b) 5. Any other person who may appeal under ss. 51.13 (5), 51.20
17(15)
, or
55.06 (18) 55.20.
Note: Changes a cross-reference in current law regarding appeal procedures in
cases under ch. 55, to reflect renumbering and amending of ch. 55.
AB785, s. 183
1Section
183. 809.30 (3) of the statutes is amended to read:
AB785,134,82
809.30
(3) Appeals by state or other party; appointment of counsel. In a case
3in which the state of Wisconsin, the representative of the public, any other party, or
4any person who may appeal under s. 51.13 (5), 51.20 (15)
, or
55.06 (18) 55.20 appeals
5and the person who is the subject of the case or proceeding is a child or claims to be
6indigent, the court shall refer the person who is the subject of the case or proceeding
7to the state public defender for the determination of indigency and the appointment
8of legal counsel under ch. 977.
Note: Changes a cross-reference in current law regarding appeal procedures in
cases under ch. 55, to reflect renumbering and amending of ch. 55.
AB785, s. 184
9Section
184. 813.123 (4) (a) (intro.) of the statutes is amended to read:
AB785,134,1710
813.123
(4) (a) (intro.) Unless the vulnerable adult, guardian or guardian ad
11litem consents in writing and the judge or circuit court commissioner agrees that the
12contact is in the best interests of the vulnerable adult, a judge or circuit court
13commissioner shall issue a temporary restraining order ordering the respondent to
14avoid interference with an investigation of the vulnerable adult under s. 55.043
, or 15the delivery of protective services to
or a protective placement of the vulnerable adult
16under s. 55.05 or a protective placement of the vulnerable adult under
s. 55.06 ch.
1755 if all of the following occur:
Note: Changes a cross-reference in current law regarding vulnerable adult
restraining orders, to reflect renumbering and amending of ch. 55.
AB785, s. 185
18Section
185. 813.123 (4) (a) 2. of the statutes is amended to read:
AB785,135,219
813.123
(4) (a) 2. The judge or circuit court commissioner finds reasonable
20grounds to believe that the respondent has interfered with
, or
, based on prior conduct
21of the respondent
, may interfere with
, an investigation of the vulnerable adult under
22s. 55.043
, or the delivery of protective services to
or a protective placement of the
1vulnerable adult under
s. 55.05 or a protective placement of the vulnerable adult
2under s. 55.06 ch. 55.
Note: Changes a cross-reference in current law regarding vulnerable adult
restraining orders, to reflect renumbering and amending of ch. 55.
AB785, s. 186
3Section
186. 813.123 (5) (a) (intro.) of the statutes is amended to read:
AB785,135,104
813.123
(5) (a) (intro.) Unless the vulnerable adult, guardian or guardian ad
5litem consents to that contact in writing and the judge agrees that the contact is in
6the best interests of the vulnerable adult, a judge may grant an injunction ordering
7the respondent to avoid interference with an investigation of the vulnerable adult
8under s. 55.043
, or the delivery of protective services to
or a protective placement of 9the vulnerable adult under
s. 55.05 or a protective placement of the vulnerable adult
10under s. 55.06 ch. 55 if all of the following occur:
Note: Changes a cross-reference in current law regarding vulnerable adult
restraining orders, to reflect renumbering and amending of ch. 55.
AB785, s. 187
11Section
187. 813.123 (5) (a) 3. b. of the statutes is amended to read:
AB785,135,1612
813.123
(5) (a) 3. b. That the respondent has interfered with the delivery
to the
13vulnerable adult of protective services
under s. 55.05 to or a protective placement of
14the vulnerable adult under
s. 55.06 ch. 55 after the offer of services or placement has
15been made and the vulnerable adult or his or her guardian, if any, has consented to
16receipt of the protective services or placement.
Note: Changes a cross-reference in current law regarding vulnerable adult
restraining orders, to reflect renumbering and amending of ch. 55.
AB785, s. 188
17Section
188. 813.123 (6) (c) of the statutes is amended to read:
AB785,135,2118
813.123
(6) (c) That the respondent interfered with
, or
, based on prior conduct
19of the respondent
, may interfere with
, an investigation of the vulnerable adult under
20s. 55.043
, or the delivery of protective services to
the vulnerable adult under s. 55.05 21or a protective placement of the vulnerable adult under
s. 55.06 ch. 55.
Note: Changes a cross-reference in current law regarding vulnerable adult
restraining orders, to reflect renumbering and amending of ch. 55.
AB785, s. 189
1Section
189. 813.123 (7) of the statutes is amended to read:
AB785,136,82
813.123
(7) Interference order. Any order under this section directing a
3person to avoid interference with an investigation of a vulnerable adult under s.
455.043
, or the delivery of protective services to
a vulnerable adult under s. 55.05 or
5a protective placement of a vulnerable adult under
s. 55.06 ch. 55 prohibits the
6person from intentionally preventing a representative or employee of the county
7protective services agency from meeting, communicating
, or being in visual or audio
8contact with the vulnerable adult, except as provided in the order.
Note: Changes a cross-reference in current law regarding vulnerable adult
restraining orders, to reflect renumbering and amending of ch. 55.
AB785, s. 190
9Section
190. 813.123 (11) of the statutes is amended to read:
AB785,136,1610
813.123
(11) Applicability. This section does not apply to vulnerable adults
11who are patients or residents of state-operated or county-operated inpatient
12institutions unless the alleged interference with an investigation of the vulnerable
13adult under s. 55.043 or with the delivery
to the vulnerable adult of protective
14services
under s. 55.05 to or a protective placement of the vulnerable adult under
s.
1555.06 ch. 55 is alleged to have been done by a person other than an employee of the
16inpatient institution.
Note: Changes a cross-reference in current law regarding vulnerable adult
restraining orders, to reflect renumbering and amending of ch. 55.
AB785, s. 191
17Section
191. 851.72 (11) of the statutes is created to read:
AB785,136,2018
851.72
(11) Annually submit to the chief judge of the judicial administrative
19district the statement required under s. 55.18 (5) regarding the completion of annual
20reviews of protective placement orders under s. 55.18 (1).
Note: Requires the register in probate of each county to submit a statement to the
chief judge of the judicial administrative district indicating whether each report and
petition for annual review of protective placement required to be filed by the county
department that year has been filed.
AB785, s. 192
1Section
192. 880.01 (2) of the statutes is amended to read:
AB785,137,102
880.01
(2) "Developmentally disabled person" means any individual having a
3disability attributable to mental retardation, cerebral palsy, epilepsy, autism or
4another neurological condition closely related to mental retardation or requiring
5treatment similar to that required for mentally retarded individuals, which has
6continued or can be expected to continue indefinitely, substantially impairs the
7individual from adequately providing for his or her own care or custody
, and
8constitutes a substantial handicap to the afflicted individual. The term does not
9include a person affected by senility which is primarily caused by the process of aging
10or
the infirmities of aging degenerative brain disorder.
Note: Replaces the term "infirmities of aging" with the term "degenerative brain
disorder."
AB785, s. 193
11Section
193. 880.01 (4) of the statutes is amended to read:
AB785,137,1612
880.01
(4) "Incompetent" means a person adjudged by a court of record to be
13substantially incapable of managing his or her property or caring for himself or
14herself by reason of
infirmities of aging degenerative brain disorder, developmental
15disabilities, or other like incapacities. Physical disability without mental incapacity
16is not sufficient to establish incompetence.
Note: Replaces the term "infirmities of aging" with the term "degenerative brain
disorder."
AB785, s. 194
17Section
194. 880.01 (5) of the statutes is renumbered 880.01 (1t) and amended
18to read:
AB785,138,219
880.01
(1t) "
Infirmities of aging
Degenerative brain disorder" means
organic
20brain damage caused by advanced age or other physical degeneration in connection
21therewith to the extent that the person so afflicted the loss or dysfunction of brain
1cells to the extent that an individual is substantially impaired in his or her ability
2to
adequately provide
adequately for his or her own care or custody.
Note: Replaces the term "infirmities of aging" with the term "degenerative brain
disorder."
AB785, s. 195
3Section
195. 880.01 (7m) of the statutes is renumbered 55.14 (1) (b) and
4amended to read:
AB785,138,105
55.14
(1) (b) "Not competent to refuse psychotropic medication" means that,
6because of chronic mental illness, as defined in s. 51.01 (3g) as a result of
7developmental disabilities, degenerative brain disorder, serious and persistent
8mental illness, or other like incapacities, and after the advantages and
9disadvantages of and alternatives to accepting the particular psychotropic
10medication have been explained to an individual, one of the following is true:
AB785,138,1311
1. The individual is incapable of expressing an understanding of the
12advantages and disadvantages of accepting treatment and the alternatives
to
13accepting treatment.
AB785,138,1714
2. The individual is substantially incapable of applying an understanding of
15the advantages, disadvantages and alternatives to his or her
chronic mental illness 16condition in order to make an informed choice as to whether to accept or refuse
17psychotropic medication.
Note: Relocates a provision in ch. 880 that defines "not competent to refuse
psychotropic medication" to the newly-created section of ch. 55 that establishes the
procedure and requirements for a court order authorizing a guardian to consent to the
involuntary administration of psychotropic medication to a ward. Also revises that
definition to reflect terminology changes made elsewhere in the bill.
AB785, s. 196
18Section
196. 880.01 (8m) of the statutes is created to read:
AB785,138,2119
880.01
(8m) "Psychotropic medication" means a prescription drug, as defined
20in s. 450.01 (20), that is used to treat or manage a psychiatric symptom or challenging
21behavior.
AB785, s. 197
1Section
197. 880.07 (1m) of the statutes is repealed.
Note: Repeals a provision describing the required contents of a petition alleging
that a proposed ward is incompetent to refuse psychotropic medications to reflect that the
bill creates a new procedure for these types of petitions in s. 55.14.
AB785, s. 198
2Section
198. 880.07 (2m) of the statutes is created to read:
AB785,139,63
880.07
(2m) Whenever a petition for guardianship on the ground of
4incompetency is filed with respect to an individual who resides in a facility licensed
5for 16 or more beds, a petition for protective placement of the individual shall also
6be filed.
Note: Requires the filing of a protective placement petition 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.
AB785, s. 199
7Section
199. 880.08 (1) of the statutes is amended to read:
AB785,140,178
880.08
(1) Incompetents
Proposed ward or ward. A petitioner shall have
9notice served of a petition for appointment or change of a guardian upon
the a
10proposed
incompetent ward or ward and existing guardian, if any, by personal
11service at least 10 days before the time set for hearing. If
such the proposed
12incompetent ward or ward is in custody or confinement, a petitioner shall have notice
13served by registered or certified mail on the proposed
incompetent's ward's or ward's
14custodian, who shall immediately serve it on the proposed
incompetent ward or
15ward. The custodian shall inform the proposed
incompetent ward or ward of the
16complete contents of the notice
and, certify
thereon on it that the custodian served
17and informed the proposed
incompetent ward or ward, and
returned return the
18certificate and notice to the circuit judge. The notice shall include the names of all
19persons who are petitioning for guardianship. A copy of the petition shall be attached
20to the notice. The
court shall cause the proposed
incompetent, if able to attend, to
21be produced ward or ward shall be present at the hearing
. The proposed incompetent
1is presumed able to attend unless, after a personal interview, the guardian ad litem
2certifies in writing to the court
the that the proposed ward or ward is unwilling to
3participate or unable to participate in a meaningful way or certifies other specific
4reasons why the
person proposed ward or ward is unable to attend. If the
person 5proposed ward or ward is unable to attend a hearing
only because of physical
6inaccessibility or lack of transportation, the court shall
hold the hearing in a place
7where the person may attend, if requested by the proposed ward
or ward, guardian
8ad litem,
adversary counsel
for the proposed ward or ward, or other interested
9person
. Such, hold the hearing in a place where the proposed ward or ward is able
10to attend. The notice shall also be given personally or by mail at least 10 days before
11the hearing to the proposed
incompetent's ward's or ward's counsel, if any, guardian
12ad litem, presumptive adult heirs or other persons who have legal or physical custody
13of the proposed
incompetent ward or ward whose names and addresses are known
14to the petitioner or can with reasonable diligence be ascertained, to any
15governmental or private agency, charity or foundation from which the proposed
16incompetent ward or ward is receiving aid and to such other persons or entities as
17the court may require. The court shall then proceed under s. 880.33.
Note: Specifies that the court need not hold a hearing on appointment of a
guardian for a person alleged to be incompetent in the presence of the person under
certain circumstances. These provisions are identical to provisions inserted into ch. 55
by Section 160 of the bill.
AB785, s. 200
18Section
200. 880.24 (3) (a) of the statutes is renumbered 880.24 (3), and 880.24
19(3) (intro.), as renumbered, is amended to read:
AB785,141,220
880.24
(3) (intro.)
Except as provided in par. (b), when When a guardian is
21appointed, the court shall award from the ward's estate payment of the petitioner's
22reasonable attorney fees and costs
, including those fees and costs, if any, related to
1protective placement of the ward, unless the court finds, after considering all of the
2following, that it would be inequitable to do so:
AB785, s. 201
3Section
201
. 880.24 (3) (b) of the statutes is renumbered 880.24 (3) (cm) and
4amended to read:
AB785,141,85
880.24
(3) (cm)
If the court finds that Whether the ward had executed a durable
6power of attorney under s. 243.07 or a power of attorney for health care under s.
7155.05 or had engaged in other advance planning to avoid guardianship
, the court
8may not make the award specified in par. (a).
Note: Specifies that the court may consider whether the ward engaged in advance
planning to avoid guardianship when deciding whether to award payment of the
petitioner's attorney fees and costs from the ward's estate.
AB785, s. 202
9Section
202
. 880.33 (1) of the statutes is amended to read:
AB785,141,2310
880.33
(1) Whenever it is proposed to appoint a guardian on the ground of
11incompetency, a licensed physician or licensed psychologist, or both, shall furnish a
12written statement concerning the mental condition of the proposed ward, based upon
13examination. The privilege under s. 905.04 shall not apply to this statement. A copy
14of the statement shall be provided to the proposed ward, guardian ad litem
, and
15attorney.
Prior to the examination, under this subsection, of a person alleged to be
16not competent to refuse psychotropic medication under s. 880.07 (1m), the person
17shall be informed that his or her statements may be used as a basis for a finding of
18incompetency and an order for protective services, including psychotropic
19medication. The
person individual shall also be informed that he or she has a right
20to remain silent and that the examiner is required to report to the court even if the
21person individual remains silent. The issuance of such a warning to the
person 22individual prior to each examination establishes a presumption that the
person 23individual understands that he or she need not speak to the examiner.
AB785, s. 203
1Section
203. 880.33 (2) (a) 1. of the statutes is amended to read:
AB785,142,202
880.33
(2) (a) 1. The proposed ward has the right to counsel whether or not
3present at the hearing on determination of competency. The court shall in all cases
4require the appointment of an attorney as guardian ad litem in accordance with s.
5757.48 (1) and shall in addition require representation by full legal counsel
whenever
6the petition contains the allegations under s. 880.07 (1m) or if, at least 72 hours
7before the hearing, the alleged incompetent requests; the guardian ad litem or any
8other person states that the alleged incompetent is opposed to the guardianship
9petition; or the court determines that the interests of justice require it. The proposed
10ward has the right to a trial by a jury if demanded by the proposed ward, attorney
, 11or guardian ad litem
, except that if the petition contains the allegations under s.
12880.07 (1m) and if notice of the time set for the hearing has previously been provided
13to the proposed ward and his or her counsel, a jury trial is deemed waived unless
14demanded at least 48 hours prior to the time set for the hearing. The number of
15jurors shall be determined under s. 756.06 (2) (b). The proposed ward, attorney
, or
16guardian ad litem shall have the right to present and cross-examine witnesses,
17including the physician or psychologist reporting to the court under sub. (1). The
18attorney or guardian ad litem for the proposed ward shall be provided with a copy
19of the report of the physician or psychologist at least 96 hours in advance of the
20hearing. Any final decision of the court is subject to the right of appeal.
AB785, s. 204
21Section
204
. 880.33 (2) (a) 2. of the statutes is amended to read:
AB785,143,222
880.33
(2) (a) 2. If the
person proposed ward requests but is unable to obtain
23legal counsel, the court shall appoint legal counsel. If the
person proposed ward is
24represented by counsel appointed under s. 977.08 in a proceeding
for under a
petition
25for protective placement
brought under s.
55.06 or for the appointment of a guardian
1under s. 880.07 (1m) 55.075, the court shall order the counsel appointed under s.
2977.08 to represent the
person proposed ward.