AB785,56,75 55.01 (1v) "Degenerative brain disorder" means the loss or dysfunction of brain
6cells to the extent that an individual is substantially impaired in his or her ability
7to provide adequately for his or her own care or custody.
Note: Creates a definition of "degenerative brain disorder", which is a new term
created in this bill to replace the outdated term "infirmities of aging".
AB785, s. 69 8Section 69. 55.01 (2) of the statutes is amended to read:
AB785,56,179 55.01 (2) "Developmentally disabled person" means any individual having a
10disability attributable to mental retardation, cerebral palsy, epilepsy, autism or
11another neurological condition closely related to mental retardation or requiring
12treatment similar to that required for mentally retarded individuals, which has
13continued or can be expected to continue indefinitely, substantially impairs the an
14individual from adequately providing for his or her own care or custody, and
15constitutes a substantial handicap to the afflicted individual. The term does not
16include a person affected by senility which that is primarily caused by the process
17of aging or the infirmities of aging degenerative brain disorder.
Note: Revises the term "infirmities of aging" to "degenerative brain disorder".
AB785, s. 70 18Section 70. 55.01 (3) of the statutes is repealed.
Note: Section 68 creates a new definition of "degenerative brain disorder", which
is created to replace the repealed definition "infirmities of aging".
AB785, s. 71 19Section 71. 55.01 (4) of the statutes is renumbered 55.01 (4) (intro.) and
20amended to read:
AB785,57,1
155.01 (4) (intro.) "Interested person" means any adult of the following:
AB785,57,3 2(a) An adult relative or friend of a person an individual sought to be protected
3under this subchapter; or any chapter.
AB785,57,5 4(b) Any official or representative of a public or private agency, corporation or
5association concerned with the person's individual's welfare.
Note: Revises the term "interested person".
AB785, s. 72 6Section 72. 55.01 (4) (c) of the statutes is created to read:
AB785,57,77 55.01 (4) (c) A health care agent, as defined in s. 155.01 (4).
Note: Includes a health care agent in the definition of "interested person".
AB785, s. 73 8Section 73. 55.01 (4g) of the statutes is amended to read:
AB785,57,99 55.01 (4g) "Intermediate facility" has the meaning given in s. 46.279 (1) (a) (b).
AB785, s. 74 10Section 74. 55.01 (4t) of the statutes is amended to read:
AB785,57,1111 55.01 (4t) "Nursing facility" has the meaning given in s. 46.279 (1) (b) (c).
AB785, s. 75 12Section 75. 55.01 (6), (6m), (6p) and (6r) of the statutes are created to read:
AB785,57,1413 55.01 (6) "Protective placement" means a placement that is made to provide for
14the care and custody of an individual.
AB785,57,17 15(6m) "Protective placement facility" means a facility to which a court may
16under s. 55.12 order an individual to be provided protective placement for the
17primary purpose of residential care and custody.
AB785,57,19 18(6p) "Protective placement unit" means a ward, wing, or other designated part
19of a placement facility.
AB785,57,20 20(6r) "Protective services" includes any of the following:
AB785,57,2121 (a) Outreach.
AB785,57,2222 (b) Identification of individuals in need of services.
AB785,57,2323 (c) Counseling and referral for services.
AB785,58,1
1(d) Coordination of services for individuals.
AB785,58,22 (e) Tracking and follow-up.
AB785,58,33 (f) Social services.
AB785,58,44 (g) Case management.
AB785,58,55 (h) Legal counseling or referral.
AB785,58,66 (i) Guardianship referral.
AB785,58,77 (j) Diagnostic evaluation.
AB785,58,128 (k) Any services that, when provided to an individual with developmental
9disabilities, degenerative brain disorder, serious and persistent mental illness, or
10other like incapacity, keep the individual safe from abuse, neglect, or
11misappropriation of property or prevent the individual from experiencing
12deterioration or from inflicting harm on himself or herself or another person.
Note: Creates a definition of protective placement. This definition is derived from
the first sentence of s. 55.06 (1). Creates a definition of protective services. This definition
incorporates the noninclusive list of possible services from current s. 55.04 (1) (a), and
specifies that "protective services" includes any services that are intended to keep
specified individuals safe from abuse, neglect, or misappropriation of property, or prevent
the individual from inflicting harm on himself or herself or another person.
AB785, s. 76 13Section 76. 55.01 (6t) of the statutes is created to read:
AB785,58,1614 55.01 (6t) "Residence" means the voluntary concurrence of an individual's
15physical presence with his or her intent to remain in a place of fixed habitation.
16Physical presence is prima facie evidence of intent to remain.
Note: Creates a definition of "residence" for use in ch. 55. This definition is based
on the definition of "residence" in s. 49.001.
AB785, s. 77 17Section 77. 55.01 (6v) of the statutes is created to read:
AB785,58,1918 55.01 (6v) "Serious and persistent mental illness" has the meaning given in s.
1951.01 (14t).
Note: Creates a definition of "serious and persistent mental illness", which is used
in this bill and replaces the outdated term "chronic mental illness".
AB785, s. 78
1Section 78. 55.01 (6x) of the statutes is created to read:
AB785,59,22 55.01 (6x) "Treatment facility" has the meaning given in s. 51.01 (19).
Note: Provides that in ch. 55, "treatment facility" has the same definition as in ch.
51: "any publicly or privately operated facility or unit thereof providing treatment of
alcoholic, drug dependent, mentally ill or developmentally disabled persons, including
but not limited to inpatient and outpatient treatment programs, community support
programs and rehabilitation programs".
AB785, s. 79 3Section 79. 55.01 (6y) of the statutes is created to read:
AB785,59,54 55.01 (6y) "Voluntary" means according to an individual's free choice, if
5competent, or by choice of a guardian, if adjudicated incompetent.
Note: Creates a definition of "voluntary", a term which is used in this bill.
AB785, s. 80 6Section 80. 55.02 of the statutes is repealed and recreated to read:
AB785,59,8 755.02 Protective services and protective placement: duties. (1)
8Department duties. (a) The department shall do all of the following:
AB785,59,109 1. Cooperate with county departments to develop and operate a coordinated,
10statewide system for protective services and protective placement.
AB785,59,1211 2. Monitor and supervise the implementation and operation of the protective
12services and protective placement system.
AB785,59,1413 3. Provide technical assistance to county departments providing protective
14services and protective placement.
AB785,59,1515 4. Evaluate the protective services and protective placement system.
AB785,59,1716 (b) The department may provide protective services and protective placement
17directly or contract for the provision of protective services or protective placement.
AB785,60,4 18(2) County department duties. (a) The chairperson of each county board of
19supervisors shall designate a county department under s. 46.215, 46.22, 46.23, 51.42,
20or 51.437 that is providing services in the county on its own or through a joint
21mechanism with another county department or county to have the responsibility for

1planning for the provision of protective services and protective placement and for
2directly providing protective services, protective placement, or both, or entering into
3a contract under s. 46.036 with a responsible agency for the provision of protective
4services, protective placement, or both.
AB785,60,65 (b) In addition to the responsibilities specified in par. (a), the county
6department shall:
AB785,60,77 1. Monitor and evaluate protective services and protective placements.
AB785,60,98 2. Prepare and submit reports required by the department, or by a court if
9protective services or protective placement are ordered by a court.
AB785,60,1110 3. Develop requirements for submittal by guardians of the person of reports to
11the county department under s. 880.38 (3).
AB785,60,1412 4. Designate at least one appropriate medical facility or protective placement
13facility as an intake facility for the purpose of emergency protective placements
14under s. 55.135.
Note: Revises the duties of the DHFS and the county departments to more
accurately reflect the actual role of each in the protective services and protective
placement system. Also, creates a new requirement that each county department must
designate an appropriate intake facility for emergency protective placements.
AB785, s. 81 15Section 81. 55.03 of the statutes is renumbered 55.03 (1) and amended to read:
AB785,60,1816 55.03 (1) Agency as guardian. No agency acting as a guardian appointed under
17ch. 880 shall may be a provider of protective services or protective placement for its
18ward under this chapter.
AB785,60,21 19(2) Transfer of guardianship and legal custody. Nothing in this chapter shall
20may be construed to prohibit the transfer of guardianship and legal custody under
21s. 48.427 or s. 48.43.
AB785, s. 82 22Section 82. 55.04 (title) and (1) to (3) of the statutes are repealed.
AB785, s. 83
1Section 83. 55.04 (4) of the statutes is renumbered 55.03 (3) and amended to
2read:
AB785,61,73 55.03 (3) Guardian authority and responsibility applicable to parent of
4minor.
Where any responsibility or authority is created under this chapter upon or
5in relation to a guardian, such the responsibility or authority is deemed to apply to
6a parent or person in the place of a parent in the case of a minor who is or who is
7alleged to be developmentally disabled.
Note: The program responsibilities formerly specified in s. 55.04 have been
incorporated into newly created definitions of protective services and protective
placement in s. 55.01 (6) and (6r), respectively, and into the repealed and recreated
version of s. 55.02.
The bill incorporates the provisions of current ss. 55.02 and 55.04 into ss. 55.02 and
55.03.
AB785, s. 84 8Section 84. 55.043 (1) (a) (intro.) of the statutes is amended to read:
AB785,61,169 55.043 (1) (a) (intro.) If a county protective services agency has probable cause
10to believe that there is misappropriation of property or neglect or abuse of a
11vulnerable adult, the county protective services agency may conduct an
12investigation in Milwaukee County to determine if the vulnerable adult in question
13is in need of protective services. The county protective services agency shall conduct
14the investigation in accordance with standards established by the department for
15conducting the investigations. The investigation shall include at least one of the
16following:
Note: Deletes a reference to Milwaukee County in the statute that confers
authority on a county protective services agency to conduct an investigation into alleged
abuse of a vulnerable adult. The effect of this amendment is to permit all counties in the
state to exercise this authority.
AB785, s. 85 17Section 85 . 55.043 (1) (a) 1. and 3. of the statutes are amended to read:
AB785,61,2018 55.043 (1) (a) 1. Observation of or an interview with the vulnerable adult, in
19private to the extent practicable, and with or without consent of his or her guardian
20or agent under an activated power of attorney for health care, if any.
AB785,62,2
13. An interview with the guardian or agent under an activated power of
2attorney for health care
, if any, and with the caretaker, if any, of the vulnerable adult.
AB785, s. 86 3Section 86. 55.043 (1) (b) 1. of the statutes is amended to read:
AB785,62,54 55.043 (1) (b) 1. The vulnerable adult or his or her guardian or agent under an
5activated power of attorney for health care
, if any, consents to the examination.
AB785, s. 87 6Section 87 . 55.043 (1) (b) 2. a. and b. of the statutes are amended to read:
AB785,62,87 55.043 (1) (b) 2. a. The vulnerable adult has no guardian or agent under an
8activated power of attorney for health care
.
AB785,62,119 b. The vulnerable adult's guardian or agent under an activated power of
10attorney for health care
refuses to consent to the examination, but the examination
11is authorized by order of a court.
Note: Sections 85 to 87 insert a reference to an agent under an activated power
of attorney for health care, in the event that a vulnerable adult under ch. 55 has such an
agent who may act on his or her behalf in protective services or protective placement
proceedings.
AB785, s. 88 12Section 88. 55.043 (4) (a) of the statutes is amended to read:
AB785,62,1413 55.043 (4) (a) Offer services, including protective services under s. 55.05, a,
14protective placement under s. 55.06, relocation assistance, or other services.
AB785, s. 89 15Section 89. 55.043 (4) (b) of the statutes is amended to read:
AB785,62,2016 55.043 (4) (b) Take appropriate emergency action, including provision of
17emergency protective services under s. 55.13 or emergency protective placement
18under s. 55.06 55.135, if the county protective services agency considers that the
19emergency action is in the vulnerable adult's best interests and the emergency action
20is the least restrictive appropriate intervention.
Note: Changes cross-references to emergency protective services and emergency
protective placement, the provisions of which are renumbered in this bill.
AB785, s. 90 21Section 90. 55.045 of the statutes is amended to read:
AB785,63,12
155.045 Funding. Except as provided in s. 49.45 (30m) (a), the appropriate
2county department designated under s. 55.02 shall within the limits of available
3state and federal funds and of county funds required to be appropriated to match
4state funds, provide for the reasonable program needs of persons individuals who are
5protectively placed provided protective placement or who receive protective services
6under this chapter, including reasonable expenses for the evaluations required by s.
755.06 (8) 55.11. Payment and collections for protective placement or protective
8services provided in public facilities specified in s. 46.10 shall be governed in
9accordance with s. 46.10. The department may require that a person an individual
10who is protectively placed provided protective placement or receives protective
11services under this chapter provide reimbursement for services or care and custody
12received, based on the ability of the person individual to pay for such costs.
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