AB785: Bill Text

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AB785, s. 82 Section 82. 55.04 (title) and (1) to (3) of the statutes are repealed.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definitions of protective services and protective placement in s. 55.01 (6) and (6r), respectively, and into the repealed and recreated version of s. 55.02.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.

AB785, s. 90 Section 90. 55.045 of the statutes is amended to read:

AB785,63,12 55.045 Funding. Except as provided in s. 49.45 (30m) (a), the appropriate county department designated under s. 55.02 shall within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, provide for the reasonable program needs of persons individuals who are protectively placed provided protective placement or who receive protective services under this chapter, including reasonable expenses for the evaluations required by s. 55.06 (8) 55.11. Payment and collections for protective placement or protective services provided in public facilities specified in s. 46.10 shall be governed in accordance with s. 46.10. The department may require that a person an individual who is protectively placed provided protective placement or receives protective services under this chapter provide reimbursement for services or care and custody received, based on the ability of the person individual to pay for such costs.

AB785, s. 91 Section 91. 55.05 (title) of the statutes is amended to read:

AB785,63,14 55.05 (title) Protective Voluntary protective services.

AB785, s. 92 Section 92. 55.05 (2) (intro.) of the statutes is amended to read:

AB785,63,19 55.05 (2) (intro.) The department or an a county department or agency providing with which the county department contracts under s. 55.02 (2) that provides protective services under s. 55.04 may provide such the services under any of the following conditions:

AB785, s. 93 Section 93. 55.05 (2) (a) of the statutes is amended to read:

AB785,63,22 55.05 (2) (a) The person An individual who needs or believes he or she needs protective service may seek such service services requests the services.

AB785, s. 94 Section 94. 55.05 (2) (b) of the statutes is amended to read:

AB785,64,3 55.05 (2) (b) Any An interested person may request requests protective services on behalf of a person an individual in need of services. A guardian may request and consent to protective services on behalf of the guardian's ward. An agent under an activated power of attorney for health care may request and consent to protective services on behalf of the agent's principal.

AB785, s. 95 Section 95. 55.05 (2) (c) of the statutes is repealed.

AB785, s. 96 Section 96. 55.05 (2) (d) of the statutes is repealed.

AB785, s. 97 Section 97. 55.05 (3) of the statutes is amended to read:

AB785,64,11 55.05 (3) Voluntary protective services preferred. An individual shall receive protective services voluntarily unless ordered by the court under s. 55.12, requested by a the individual's guardian or agent under an activated power of attorney for health care, or provided on an emergency basis in accordance with sub. (4) s. 55.13.

Note: Amends current law relating to voluntary protective services, to provide a separate statutory section for voluntary protective services and to insert references to an agent under an activated power of attorney for health care, who may, in some situations, be authorized to request and consent to protective services for a principal.

AB785, s. 98 Section 98. 55.05 (4) (title) and (a) of the statutes are renumbered 55.13 (title) and (1) and amended to read:

AB785,64,18 55.13 (title) Emergency protective services. (1) Emergency protective services may be provided for not more than 72 hours where when there is reason to believe that, if the emergency protective services are not provided, the person individual entitled to the services or others will incur a substantial risk of serious physical harm.

AB785, s. 99 Section 99. 55.05 (4) (b) of the statutes is renumbered 55.13 (4) and amended to read:

AB785,65,6 55.13 (4) Where If it is necessary to forcibly enter a premises forcibly to provide or investigate the need for emergency protective services, the representative of an agency or staff member of a county protective services agency department shall obtain a court order authorizing entry and shall make the entry accompanied by a sheriff, police officer, or member of a fire department. When it appears probable that substantial physical harm, irreparable injury, or death may occur to an individual, the police officer, fire fighter, or sheriff may enter a premises without a court order if the time required to obtain such an order would result in greater risk of physical harm to the individual.

AB785, s. 100 Section 100. 55.05 (4) (c) of the statutes is renumbered 55.13 (5) and amended to read:

AB785,65,12 55.13 (5) Where If a forcible entry is made under par. (b) sub. (4), a report of the exact circumstances, including the date, time, place, factual basis for the need of such the entry, and the exact services rendered, shall be made and forwarded to the court within 14 days of after entry by the person making such the entry.

AB785, s. 101 Section 101. 55.05 (5) (title) of the statutes is renumbered 55.055 (title) and amended to read:

AB785,65,15 55.055 (title) Admissions initially made without court involvement.

AB785, s. 102 Section 102. 55.05 (5) (a) of the statutes is repealed.

Note: This statute is repealed because it is unnecessary; moreover, it is misleading, because an individual who is legally and actually capable of consenting may consent to enter any regulated residential, medical, or treatment facility, not just those specified.

AB785, s. 103 Section 103. 55.05 (5) (b) 1. of the statutes is renumbered 55.055 (1) (a) and amended to read:

AB785,66,3 55.055 (1) (a) Guardians of persons The guardian of an individual who have has been found incompetent under s. 880.33 may consent to the individual's admission to a foster home, group home, or community-based residential facility, as defined under s. 50.01 (1g), without a protective placement order under s. 55.06 55.12 if the home or facility is licensed for fewer than 16 beds. Prior to providing that consent, and annually thereafter, the guardian shall review the ward's right to the least restrictive residential environment and may consent only to admission to a home or facility that implements those rights that right.

Note: Changes a cross-reference to the procedure for protective placement, the provisions of which are renumbered in this bill.

AB785, s. 104 Section 104. 55.05 (5) (b) 2. of the statutes is renumbered 55.055 (1) (b) and amended to read:

AB785,66,23 55.055 (1) (b) Guardians The guardian of persons an individual who have has been found incompetent under s. 880.33 may consent to the individual's admission to a nursing home if the person is admitted directly from a hospital inpatient unit for recuperative care or other facility not specified in par. (a) for which protective placement is otherwise required for a period not to exceed 3 months, unless the hospital admission was for psychiatric care 60 days. In order to be admitted under this paragraph, the individual must be in need of recuperative care or be unable to provide for his or her own care or safety so as to create a serious risk of substantial harm to himself or herself or others. Prior to providing that consent, the guardian shall review the ward's right to the least restrictive residential environment and consent only to admission to a nursing home or other facility that implements those rights that right. Following the 3-month 60-day period, the admission may be extended for an additional 60 days if a petition for protective placement proceeding under s. 55.06 is required 55.075 has been brought, or, if no petition for protective placement under s. 55.075 has been brought, for an additional 30 days for the purpose of allowing the initiation of discharge planning for the individual. Admission under this paragraph is not permitted for an individual with a primary diagnosis of mental illness or developmental disability.

Note: Renumbers and amends a provision in current law that permits a person to be admitted to a nursing home prior to a protective placement proceeding on a short term basis. This provision permits individuals to be admitted to a facility not only directly from a hospital inpatient unit, as under current law, but also in cases where the individual is in need of recuperative care or unable to provide for his or her own care or safety so as to create a serious risk of substantial harm to himself or herself or others. In addition, this provision is revised to permit a 60 day admission, rather than a 3 month admission; however, the provision permits the placement to be extended for an additional 60 days if a protective placement petition has been brought, or, if no petition has been brought, for an additional 30 days to allow the initiation of discharge planning.

AB785, s. 105 Section 105. 55.05 (5) (c) (intro.) of the statutes is renumbered 55.055 (3) (intro.) and amended to read:

AB785,67,9 55.055 (3) (intro.) If a person an individual admitted under par. (b) sub. (1) verbally objects to or otherwise actively protests such an admission, the person in charge of the home, nursing home, or other facility shall immediately notify the agency designated under s. 55.02 county department for the county in which the person individual is living. Representatives of that agency county department shall visit the person individual as soon as possible, but no later than 72 hours after notification, and do the following:

AB785, s. 106 Section 106. 55.05 (5) (c) 1. of the statutes is renumbered 55.055 (3) (a) and amended to read:

AB785,67,14 55.055 (3) (a) Determine whether the protest persists or has been voluntarily withdrawn and consult with the person's individual's guardian regarding the reasons for the admission.

AB785, s. 107 Section 107. 55.05 (5) (c) 2. of the statutes is renumbered 55.055 (3) (b) and amended to read:

AB785,68,2 55.055 (3) (b) Attempt to have the person individual released within 72 hours if the protest is not withdrawn and necessary elements of s. 55.06 (2) or (11) are not present the individual does not satisfy all standards under s. 55.08 (1) or criteria under 55.135 (1) and provide assistance in identifying appropriate alternative living arrangements.

Note: Changes a cross-reference to the standards for protective placement and emergency protective placement, the provisions of which are renumbered in this bill.

AB785, s. 108 Section 108. 55.05 (5) (c) 3. of the statutes is renumbered 55.055 (3) (c) and amended to read:

AB785,68,11 55.055 (3) (c) Comply with s. 55.06 (11) 55.135, if all elements are present the individual satisfies all criteria under s. 55.135 (1) and emergency placement in that home, nursing home, or other facility or another home, nursing home, or other facility is necessary, or file a petition for protective placement under s. 55.06 (2) 55.075. The court, with the permission of the home, nursing home, or facility, may order the person individual to remain in the home, nursing home, or other facility pending the outcome of the protective placement proceedings.

Note: Changes a cross-reference to emergency protective placement, the provisions of which are renumbered in this bill.

AB785, s. 109 Section 109. 55.05 (5) (d) of the statutes is renumbered 55.055 (4) and amended to read:

AB785,68,18 55.055 (4) The admission to a health care facility, as defined in s. 155.01 (6), of a principal by a health care agent under the terms of a power of attorney for health care instrument and in accordance with ch. 155 or the admission of an individual to a nursing home or community-based residential facility under the requirements of s. 50.06 is not a protective placement under this chapter.

AB785, s. 110 Section 110. 55.055 (1) (c) of the statutes is created to read:

AB785,69,2 55.055 (1) (c) The guardian of a ward who has been found incompetent in a state other than this state may consent to admission of the ward under par. (a) or (b) if the ward is currently a resident of this state. A petition for guardianship and protective placement shall be filed in this state within 60 days after the ward's admission under this paragraph.

Note: Provides that the procedure for admissions to facilities that are initially made without court involvement may be initiated by an out-of-state guardian if the ward is currently a resident of this state provided the petition for guardianship and protective placement is filed within 60 days after the ward's admission to the facility.

AB785, s. 111 Section 111. 55.055 (1) (d) of the statutes is created to read:

AB785,69,9 55.055 (1) (d) A resident of this state who is the guardian of a ward who has been found incompetent in, and resides in, a state other than this state may consent to an admission of the ward under par. (a) or (b) if the guardian intends to move the ward to this state within 30 days after the consent to the admission. A petition for guardianship and protective placement shall be filed in this state within 60 days after a ward's admission under this paragraph.

Note: Provides that an in-state guardian of an out-of-state ward may consent to an admission to a facility that is initially made without court involvement if the guardian intends to move the ward to this state within 30 days after the consent to the admission, provided the petition for guardianship and protective placement is filed within 60 days after the ward's admission to the facility.

AB785, s. 112 Section 112. 55.055 (2) of the statutes is created to read:

AB785,69,11 55.055 (2) (a) In this subsection, "facility" means any of the following:

AB785,69,12 1. A group home.

AB785,69,13 2. A foster home.

AB785,69,14 3. A community-based residential facility, as defined in s. 50.01 (1g).

AB785,69,15 4. An adult family home, as defined in s. 50.01 (1).

AB785,69,16 5. A nursing home, as defined in s. 50.01 (3).

AB785,70,4 (b) Whenever a petition for guardianship on the ground of incompetency is filed with respect to an individual who resides in a facility licensed for 16 or more beds, a petition for protective placement of the individual shall also be filed. The individual may continue to reside in the facility until the court issues a decision on the petition for guardianship and protective placement of the individual. Thereafter, the individual may continue to reside in the facility only if the court's order under s. 55.12 specifies protective placement of the individual in a facility licensed for 16 or more beds.

Note: Specifies that a guardian may not consent to the continued residence of a person in a facility licensed for 16 or more beds. Specifies that 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, a petition for protective placement of the person shall also be filed. Specifies that the person may continue to reside in the facility if the court orders placement of the person in a facility licensed for 16 or more beds and may continue to reside in the facility pending the court's decision on the placement petition.

AB785, s. 113 Section 113. 55.06 (1) (intro.) of the statutes is renumbered 55.06 and amended to read:

AB785,71,2 55.06 Protective services and protective placement; eligibility. A protective placement under this section is a placement of a ward for the primary purpose of providing care and custody. To be eligible for court-ordered protective placement or protective services, an individual shall be a resident of or present in the state and have a need for protective placement or protective services. The individual shall have attained the age of 18, but an individual who is alleged to be developmentally disabled may receive protective placement or protective services upon attaining the age of 14. No protective Protective placement under this section or protective services may be ordered unless under this chapter there is a determination of incompetency only for an individual who is determined to be incompetent in accordance with ch. 880, except in the case of or for a minor who is alleged to be developmentally disabled, and only if there is a finding of a need for protective placement in accordance with sub. (2) except as provided in subs. (11) and (12) under s. 55.12, and ss. 55.055 (5), 55.13, and 55.135 are inappropriate or do not apply. A procedure for adult court-ordered protective placement or protective services may be initiated 6 months prior to an individual's birthday at which he or she first becomes eligible for placement before a minor attains age 18.