AB785: Bill Text

Note: Creates a definition of "activated power of attorney for health care", a term which is used in this bill.

AB785, s. 68 Section 68 . 55.01 (1v) of the statutes is created to read:

AB785,56,7 55.01 (1v) "Degenerative brain disorder" means the loss or dysfunction of brain cells to the extent that an individual is substantially impaired in his or her ability to 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Note: Creates a definition of "degenerative brain disorder", which is a new term created in this bill to replace the outdated term "infirmities of aging".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 Section 69. 55.01 (2) of the statutes is amended to read:

AB785,56,17 55.01 (2) "Developmentally disabled person" means any individual having a disability attributable to mental retardation, cerebral palsy, epilepsy, autism or another neurological condition closely related to mental retardation or requiring treatment similar to that required for mentally retarded individuals, which has continued or can be expected to continue indefinitely, substantially impairs the an individual from adequately providing for his or her own care or custody, and constitutes a substantial handicap to the afflicted individual. The term does not include a person affected by senility which that is primarily caused by the process of aging or the infirmities of aging degenerative brain disorder.

Note: Revises the term "infirmities of aging" to "degenerative brain disorder".

AB785, s. 70 Section 70. 55.01 (3) of the statutes is repealed.

Note: Section 68 creates a new definition of "degenerative brain disorder", which is created to replace the repealed definition "infirmities of aging".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 Section 71. 55.01 (4) of the statutes is renumbered 55.01 (4) (intro.) and amended to read:

AB785,57,1 55.01 (4) (intro.) "Interested person" means any adult of the following:

AB785,57,3 (a) An adult relative or friend of a person an individual sought to be protected under this subchapter; or any chapter.

AB785,57,5 (b) Any official or representative of a public or private agency, corporation or association concerned with the person's individual's welfare.

Note: Revises the term "interested person".

AB785, s. 72 Section 72. 55.01 (4) (c) of the statutes is created to read:

AB785,57,7 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 Section 73. 55.01 (4g) of the statutes is amended to read:

AB785,57,9 55.01 (4g) "Intermediate facility" has the meaning given in s. 46.279 (1) (a) (b).

AB785, s. 74 Section 74. 55.01 (4t) of the statutes is amended to read:

AB785,57,11 55.01 (4t) "Nursing facility" has the meaning given in s. 46.279 (1) (b) (c).

AB785, s. 75 Section 75. 55.01 (6), (6m), (6p) and (6r) of the statutes are created to read:

AB785,57,14 55.01 (6) "Protective placement" means a placement that is made to provide for the care and custody of an individual.

AB785,57,17 (6m) "Protective placement facility" means a facility to which a court may under s. 55.12 order an individual to be provided protective placement for the primary purpose of residential care and custody.

AB785,57,19 (6p) "Protective placement unit" means a ward, wing, or other designated part of a placement facility.

AB785,57,20 (6r) "Protective services" includes any of the following:

AB785,57,21 (a) Outreach.

AB785,57,22 (b) Identification of individuals in need of services.

AB785,57,23 (c) Counseling and referral for services.

AB785,58,1 (d) Coordination of services for individuals.

AB785,58,2 (e) Tracking and follow-up.

AB785,58,3 (f) Social services.

AB785,58,4 (g) Case management.

AB785,58,5 (h) Legal counseling or referral.

AB785,58,6 (i) Guardianship referral.

AB785,58,7 (j) Diagnostic evaluation.

AB785,58,12 (k) Any services that, when provided to an individual with developmental disabilities, degenerative brain disorder, serious and persistent mental illness, or other like incapacity, keep the individual safe from abuse, neglect, or misappropriation of property or prevent the individual from experiencing deterioration 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 Section 76. 55.01 (6t) of the statutes is created to read:

AB785,58,16 55.01 (6t) "Residence" means the voluntary concurrence of an individual's physical presence with his or her intent to remain in a place of fixed habitation. Physical 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 Section 77. 55.01 (6v) of the statutes is created to read:

AB785,58,19 55.01 (6v) "Serious and persistent mental illness" has the meaning given in s. 51.01 (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 Section 78. 55.01 (6x) of the statutes is created to read:

AB785,59,2 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 Section 79. 55.01 (6y) of the statutes is created to read:

AB785,59,5 55.01 (6y) "Voluntary" means according to an individual's free choice, if competent, 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 Section 80. 55.02 of the statutes is repealed and recreated to read:

AB785,59,8 55.02 Protective services and protective placement: duties. (1) Department duties. (a) The department shall do all of the following:

AB785,59,10 1. Cooperate with county departments to develop and operate a coordinated, statewide system for protective services and protective placement.

AB785,59,12 2. Monitor and supervise the implementation and operation of the protective services and protective placement system.

AB785,59,14 3. Provide technical assistance to county departments providing protective services and protective placement.

AB785,59,15 4. Evaluate the protective services and protective placement system.

AB785,59,17 (b) The department may provide protective services and protective placement directly or contract for the provision of protective services or protective placement.

AB785,60,4 (2) County department duties. (a) The chairperson of each county board of supervisors shall designate a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 that is providing services in the county on its own or through a joint mechanism with another county department or county to have the responsibility for planning for the provision of protective services and protective placement and for directly providing protective services, protective placement, or both, or entering into a contract under s. 46.036 with a responsible agency for the provision of protective services, protective placement, or both.

AB785,60,6 (b) In addition to the responsibilities specified in par. (a), the county department shall:

AB785,60,7 1. Monitor and evaluate protective services and protective placements.

AB785,60,9 2. Prepare and submit reports required by the department, or by a court if protective services or protective placement are ordered by a court.

AB785,60,11 3. Develop requirements for submittal by guardians of the person of reports to the county department under s. 880.38 (3).

AB785,60,14 4. Designate at least one appropriate medical facility or protective placement facility as an intake facility for the purpose of emergency protective placements under 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 Section 81. 55.03 of the statutes is renumbered 55.03 (1) and amended to read:

AB785,60,18 55.03 (1) Agency as guardian. No agency acting as a guardian appointed under ch. 880 shall may be a provider of protective services or protective placement for its ward under this chapter.

AB785,60,21 (2) Transfer of guardianship and legal custody. Nothing in this chapter shall may be construed to prohibit the transfer of guardianship and legal custody under s. 48.427 or s. 48.43.

AB785, s. 82 Section 82. 55.04 (title) and (1) to (3) of the statutes are repealed.

AB785, s. 83 Section 83. 55.04 (4) of the statutes is renumbered 55.03 (3) and amended to read:

AB785,61,7 55.03 (3) Guardian authority and responsibility applicable to parent of minor. Where any responsibility or authority is created under this chapter upon or in relation to a guardian, such the responsibility or authority is deemed to apply to a parent or person in the place of a parent in the case of a minor who is or who is alleged 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 Section 84. 55.043 (1) (a) (intro.) of the statutes is amended to read:

AB785,61,16 55.043 (1) (a) (intro.) If a county protective services agency has probable cause to believe that there is misappropriation of property or neglect or abuse of a vulnerable adult, the county protective services agency may conduct an investigation in Milwaukee County to determine if the vulnerable adult in question is in need of protective services. The county protective services agency shall conduct the investigation in accordance with standards established by the department for conducting the investigations. The investigation shall include at least one of the following:

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 Section 85 . 55.043 (1) (a) 1. and 3. of the statutes are amended to read:

AB785,61,20 55.043 (1) (a) 1. Observation of or an interview with the vulnerable adult, in private to the extent practicable, and with or without consent of his or her guardian or agent under an activated power of attorney for health care, if any.

AB785,62,2 3. An interview with the guardian or agent under an activated power of attorney for health care, if any, and with the caretaker, if any, of the vulnerable adult.

AB785, s. 86 Section 86. 55.043 (1) (b) 1. of the statutes is amended to read:

AB785,62,5 55.043 (1) (b) 1. The vulnerable adult or his or her guardian or agent under an activated power of attorney for health care, if any, consents to the examination.

AB785, s. 87 Section 87 . 55.043 (1) (b) 2. a. and b. of the statutes are amended to read:

AB785,62,8 55.043 (1) (b) 2. a. The vulnerable adult has no guardian or agent under an activated power of attorney for health care.

AB785,62,11 b. The vulnerable adult's guardian or agent under an activated power of attorney for health care refuses to consent to the examination, but the examination is 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 Section 88. 55.043 (4) (a) of the statutes is amended to read:

AB785,62,14 55.043 (4) (a) Offer services, including protective services under s. 55.05, a, protective placement under s. 55.06, relocation assistance, or other services.

AB785, s. 89 Section 89. 55.043 (4) (b) of the statutes is amended to read:

AB785,62,20 55.043 (4) (b) Take appropriate emergency action, including provision of emergency protective services under s. 55.13 or emergency protective placement under s. 55.06 55.135, if the county protective services agency considers that the emergency action is in the vulnerable adult's best interests and the emergency action is 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.