SB391: Bill Text

SB391, s. 36 Section 36. 48.831 (1) of the statutes is amended to read:

SB391,32,2 48.831 (1) Type of guardianship. This section may be used for the appointment of a guardian of a child who does not have a living parent if a finding as to the adoptability of a child is sought. Except as provided in ss. 48.977 and 48.978, ch. 880 54 applies to the appointment of a guardian for a child who does not have a living parent for all other purposes. An appointment of a guardian of the estate of a child who does not have a living parent shall be conducted in accordance with the procedures specified in ch. 880 54.

SB391, s. 37 Section 37. 48.831 (1m) (e) of the statutes is amended to read:

SB391,32,6 48.831 (1m) (e) A guardian appointed under ch. 54 or ch. 880, 2003 stats., whose resignation as guardian has been accepted by a court under s. 54.54 (1) or s. 880.17 (1), 2003 stats.

SB391, s. 38 Section 38. 48.977 (8) of the statutes is amended to read:

SB391,32,10 48.977 (8) (title) Relationship to ch. 54 and ch. 880, 2003 stats. (a) This section does not abridge the duties or authority of a guardian appointed under ch. 54 or ch. 880, 2003 stats.

SB391,32,12 (b) Nothing in this section prohibits an individual from petitioning a court under ch. 880 54 for appointment of a guardian.

SB391, s. 39 Section 39. 48.978 (7) of the statutes is amended to read:

SB391,32,17 48.978 (7) Relationship to ch. 880 54. (a) Except when a different right, remedy or procedure is provided under this section, the rights, remedies, and procedures provided in ch. 880 54 shall govern a standby guardianship created under this section.

SB391,32,19 (b) This section does not abridge the duties or authority of a guardian appointed under ch. 54 or ch. 880, 2003 stats.

SB391,32,21 (c) Nothing in this section prohibits an individual from petitioning a court for the appointment of a guardian under ch. 880 54.

SB391, s. 40 Section 40. 49.001 (8) of the statutes is amended to read:

SB391,32,25 49.001 (8) "Voluntary" means according to a person's an individual's free choice, if competent, or by choice of a his or her guardian if the individual is adjudicated incompetent.

SB391, s. 41 Section 41. 49.498 (3) (a) 1. of the statutes is amended to read:

SB391,33,7 49.498 (3) (a) 1. The right to choose a personal attending physician, to be fully informed in advance about care and treatment, to be fully informed in advance of any changes in care or treatment that may affect the resident's well-being, and, except with respect to a resident found who is adjudicated incompetent under s. 880.33 in this state, to participate in planning care and treatment or changes in care and treatment.

SB391, s. 42 Section 42. 49.498 (3) (c) of the statutes is amended to read:

SB391,33,12 49.498 (3) (c) For a resident who is found adjudicated incompetent under s. 880.33 in this state, the rights of a resident under this subsection devolve upon and, to the extent determined necessary by a court of competent jurisdiction, are exercised by the resident's guardian appointed under s. 880.33.

SB391, s. 43 Section 43. 50.02 (2) (ad) of the statutes is created to read:

SB391,33,16 50.02 (2) (ad) The department shall promulgate rules that require each facility licensed under this subchapter to provide information necessary for the department to assess the facility's compliance with s. 55.14.

SB391, s. 44 Section 44. 50.03 (14) (c) 8. e. of the statutes is amended to read:

SB391,33,19 50.03 (14) (c) 8. e. A list of the residents whom the facility believes to be incompetent meet the requirements of s. 54.10 (3).

SB391, s. 45 Section 45. 50.06 (2) (intro.) of the statutes is amended to read:

SB391,33,24 50.06 (2) (intro.) An individual under sub. (3) may consent to admission, directly from a hospital to a facility, of an incapacitated individual who does not have a valid power of attorney for health care and who has not been adjudicated incompetent under ch. 880 in this state, if all of the following apply:

SB391, s. 46 Section 46. 50.06 (2) (c) of the statutes is amended to read:

SB391,34,3 50.06 (2) (c) A petition for guardianship for the individual under s. 880.07 54.34 and a petition for protective placement of the individual under s. 55.06 (2) are filed prior to the proposed admission.

SB391, s. 47 Section 47. 50.09 (3) of the statutes is amended to read:

SB391,34,8 50.09 (3) If the resident is adjudged to be adjudicated incompetent under ch. 51 or 880 in this state and not restored to legal capacity, the rights and responsibilities established under this section which the resident is not competent to exercise shall devolve upon the resident's guardian.

SB391, s. 48 Section 48. 50.94 (2) (intro.) of the statutes is amended to read:

SB391,34,14 50.94 (2) (intro.) A person who is determined to be incapacitated under the requirements of sub. (8), does not have a valid living will or valid power of attorney for health care, and has not been adjudicated incompetent under ch. 880 in this state may be admitted to a hospice under this section only if all of the following requirements are met:

SB391, s. 49 Section 49. 50.94 (6) of the statutes is amended to read:

SB391,34,20 50.94 (6) A person who disagrees with a hospice decision made under this section may apply under ch. 880 s. 54.50 for temporary guardianship of the person who is incapacitated. In applying for the temporary guardianship, such a person has the burden of proving that the person who is incapacitated would not have consented to admission to a hospice or hospice care.

SB391, s. 50 Section 50. 51.01 (4g) of the statutes is created to read:

SB391,34,23 51.01 (4g) "County of residence" means the county that is determined under s. 51.40 to be the county of residence.

SB391, s. 51 Section 51. 51.01 (4r) of the statutes is created to read:

SB391,35,4 51.01 (4r) "Degenerative brain disorder" means the loss or dysfunction of brain cells to the extent that the individual is substantially impaired in his or her ability to provide adequately for his or her own care or custody or to manage adequately his or her property or financial affairs.

SB391, s. 52 Section 52. 51.01 (5) (a) of the statutes is amended to read:

SB391,35,13 51.01 (5) (a) "Developmental disability" means a disability attributable to brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, mental retardation, or another neurological condition closely related to mental retardation or requiring treatment similar to that required for mental retardation, which has continued or can be expected to continue indefinitely and constitutes a substantial handicap to the afflicted individual. "Developmental disability" does not include senility which that is primarily caused by the process of aging or the infirmities of aging degenerative brain disorder, as defined in s. 55.01 (1v).

SB391, s. 53 Section 53. 51.01 (14) of the statutes is amended to read:

SB391,35,16 51.01 (14) "Residence", "legal residency" or "county of residence" has the meaning given under s. 49.001 (6).

SB391, s. 54 Section 54. 51.01 (14t) of the statutes is created to read:

SB391,36,2 51.01 (14t) "Serious and persistent mental illness" means a mental illness that is severe in degree and persistent in duration, that causes a substantially diminished level of functioning in the primary aspects of daily living and an inability to cope with the ordinary demands of life, that may lead to an inability to maintain stable adjustment and independent functioning without long-term treatment and support, and that may be of lifelong duration. "Serious and persistent mental illness" includes schizophrenia as well as a wide spectrum of psychotic and other severely disabling psychiatric diagnostic categories, but does not include degenerative brain disorder or a primary diagnosis of a developmental disability or of alcohol or drug dependence.

SB391, s. 55 Section 55. 51.03 (3) (a) 6. of the statutes is amended to read:

SB391,36,6 51.03 (3) (a) 6. The number of persons authorized to consent to involuntary administration of psychotropic medication under s. 55.14 (8) or for whom guardians are were appointed under s. 880.33 (4m), 2003 stats.

SB391, s. 56 Section 56. 51.05 (2) of the statutes is amended to read:

SB391,36,17 51.05 (2) Admissions authorized by counties. The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under s. 51.42 in the county where the person has legal residency residence authorizes the care, as provided in s. 51.42 (3) (as). Patients who are committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06 or 980.06, admitted by the department under s. 975.17, 1977 stats., or are transferred from a secured correctional facility, a secured child caring institution or a secured group home to a state treatment facility under s. 51.35 (3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are not subject to this section.

SB391, s. 57 Section 57. 51.10 (8) of the statutes is amended to read:

SB391,36,22 51.10 (8) An adult for whom a guardian of the person has been appointed under ch. 880 in this state because of the subject's incompetency may be voluntarily admitted to an inpatient treatment facility under this section only if the guardian and the ward consent to such admission.

SB391, s. 58 Section 58. 51.20 (7) (d) 1. (intro.) of the statutes is renumbered 51.20 (7) (d) 1. and amended to read:

SB391,37,19 51.20 (7) (d) 1. If the court determines after hearing that there is probable cause to believe that the subject individual is a fit subject for guardianship and protective placement or services, the court may, without further notice, appoint a temporary guardian for the subject individual and order temporary protective placement or services under ch. 55 for a period not to exceed 30 days, and shall proceed as if petition had been made for guardianship and protective placement or services. If the court orders only temporary protective services for a subject individual under this paragraph, the individual shall be provided care only on an outpatient basis. The court may order involuntary administration of psychotropic medication as a temporary protective service under this paragraph if it finds that there is probable cause to believe that the allegations under s. 880.07 (1m) (c) and (cm) apply, that the individual is not competent to refuse psychotropic medication and that the medication ordered will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for and participate in subsequent legal proceedings. An individual is not competent to refuse psychotropic medication if, because of chronic mental illness, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to the individual, one of the following is true: only under the requirements of s. 55.14.

SB391, s. 59 Section 59. 51.20 (7) (d) 1. a. of the statutes is repealed.

SB391, s. 60 Section 60. 51.20 (7) (d) 1. b. of the statutes is repealed.

SB391, s. 61 Section 61. 51.20 (13) (g) 4. of the statutes is created to read:

SB391,38,2 51.20 (13) (g) 4. The county department under s. 51.42 or 51.437 to which the individual is committed under par. (a) 3. retains financial responsibility for the individual if the individual voluntarily moves to another county until venue for the individual is transferred to the county in which the individual is physically present or until the individual is no longer a proper subject of continued commitment.

SB391, s. 62 Section 62. 51.22 (4) of the statutes is amended to read:

SB391,38,8 51.22 (4) If a patient is placed in a facility authorized by a county department under s. 51.42 or 51.437 and such the placement is outside the jurisdiction of that county department under s. 51.42 or 51.437, the placement does not transfer the patient's legal residence to the county of the facility's location while such patient is under commitment or placement.

SB391, s. 63 Section 63. 51.30 (4) (b) 8m. of the statutes is amended to read:

SB391,38,13 51.30 (4) (b) 8m. To appropriate examiners and facilities in accordance with s. 54.36 (3), 971.17 (2) (e), (4) (c) and (7) (c), 980.03 (4) or 980.08 (3). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17 or ch. 980.

SB391, s. 64 Section 64. 51.30 (4) (b) 18. a. of the statutes is amended to read:

SB391,38,19 51.30 (4) (b) 18. a. In this subdivision, "abuse" has the meaning given in s. 51.62 (1) (ag); "neglect" has the meaning given in s. 51.62 (1) (br); and "parent" has the meaning given in s. 48.02 (13), except that "parent" does not include the parent of a minor whose custody is transferred to a legal custodian, as defined in s. 48.02 (11), or for whom a guardian is appointed under s. 54.10 or s. 880.33, 2003 stats.

SB391, s. 65 Section 65. 51.30 (4) (b) 18. c. of the statutes is amended to read:

SB391,39,10 51.30 (4) (b) 18. c. If the patient, regardless of age, has a guardian appointed under s. 54.10 or s. 880.33, 2003 stats., or if the patient is a minor with developmental disability who has a parent or has a guardian appointed under s. 48.831 and does not have a guardian appointed under s. 54.10 or s. 880.33 , 2003 stats., information concerning the patient that is obtainable by staff members of the agency or nonprofit corporation with which the agency has contracted is limited, except as provided in subd. 18. e., to the nature of an alleged rights violation, if any; the name, birth date and county of residence of the patient; information regarding whether the patient was voluntarily admitted, involuntarily committed or protectively placed and the date and place of admission, placement or commitment; and the name, address and telephone number of the guardian of the patient and the date and place of the guardian's appointment or, if the patient is a minor with developmental disability who has a parent or has a guardian appointed under s. 48.831 and does not have a guardian appointed under s. 54.10 or s. 880.33, 2003 stats., the name, address and telephone number of the parent or guardian appointed under s. 48.831 of the patient.

SB391, s. 66 Section 66. 51.30 (4) (b) 20. (intro.) of the statutes is amended to read:

SB391,40,2 51.30 (4) (b) 20. (intro.) Except with respect to the treatment records of a subject individual who is receiving or has received services for alcoholism or drug dependence, to the spouse, parent, adult child or sibling of a subject individual, if the spouse, parent, adult child or sibling is directly involved in providing care to or monitoring the treatment of the subject individual and if the involvement is verified by the subject individual's physician, psychologist or by a person other than the spouse, parent, adult child or sibling who is responsible for providing treatment to the subject individual, in order to assist in the provision of care or monitoring of treatment. Except in an emergency as determined by the person verifying the involvement of the spouse, parent, adult child or sibling, the request for treatment records under this subdivision shall be in writing, by the requester. Unless the subject individual has been adjudged adjudicated incompetent under ch. 880 in this state, the person verifying the involvement of the spouse, parent, adult child or sibling shall notify the subject individual about the release of his or her treatment records under this subdivision. Treatment records released under this subdivision are limited to the following:

SB391, s. 67 Section 67. 51.30 (4) (dm) 2. of the statutes is amended to read:

SB391,40,7 51.30 (4) (dm) 2. Conceal or withhold a treatment record with intent to prevent its release to the subject individual under par. (d), to his or her guardian appointed under ch. 880, or to persons with the informed written consent of the subject individual or with intent to prevent or obstruct an investigation or prosecution.

SB391, s. 68 Section 68. 51.30 (4) (f) of the statutes is amended to read:

SB391,40,23 51.30 (4) (f) Correction of information. A subject individual, or the parent, guardian, or person in the place of a parent of a minor, or the guardian of an individual adjudicated incompetent may, after having gained access to treatment records, challenge the accuracy, completeness, timeliness, or relevance of factual information in his or her treatment records and request in writing that the facility maintaining the record correct the challenged information. Such The request shall be granted or denied within 30 days by the director of the treatment facility, the director of the county department under s. 51.42 or 51.437, or the secretary depending upon which person has custody of the record. Reasons for denial of the requested changes shall be given by the responsible officer and the individual shall be informed of any applicable grievance procedure or court review procedure. If the request is denied, the individual, parent, guardian, or person in the place of a parent shall be allowed to insert into the record a statement correcting or amending the information at issue. The statement shall become a part of the record and shall be released whenever the information at issue is released.

SB391, s. 69 Section 69. 51.30 (5) (a) of the statutes is amended to read:

SB391,41,7 51.30 (5) (a) Consent for release of information. The parent, guardian, or person in the place of a parent of a minor or the guardian of an adult adjudged adjudicated incompetent under ch. 880 in this state may consent to the release of confidential information in court or treatment records. A minor who is aged 14 or more may consent to the release of confidential information in court or treatment records without the consent of the minor's parent, guardian or person in the place of a parent. Consent under this paragraph must conform to the requirements of sub. (2).

SB391, s. 70 Section 70. 51.30 (5) (b) 1. of the statutes is amended to read:

SB391,41,16 51.30 (5) (b) 1. The guardian of an individual who is adjudged adjudicated incompetent under ch. 880 in this state shall have access to the individual's court and treatment records at all times. The parent, guardian or person in the place of a parent of a developmentally disabled minor shall have access to the minor's court and treatment records at all times except in the case of a minor aged 14 or older who files a written objection to such access with the custodian of the records. The parent, guardian or person in the place of a parent of other minors shall have the same rights of access as provided to subject individuals under this section.

SB391, s. 71 Section 71. 51.30 (5) (e) of the statutes is amended to read:

SB391,41,23 51.30 (5) (e) Temporary guardian for adult alleged to be incompetent. If an adult is believed alleged to be incompetent, under the requirements of s. 54.10 (3), to consent to the release of records under this section, but no guardian has been appointed for such the individual, consent for the release of records may be given by a temporary guardian who is appointed for the purpose of deciding upon the release of records.

SB391, s. 72 Section 72. 51.35 (7) of the statutes is amended to read:

SB391,42,9 51.35 (7) Guardianship and protective services. Prior to discharge from any state treatment facility, the department shall review the possible need of a developmentally disabled individual, aged infirm individual, or person individual with other like incapacities for protective services or protective placement under ch. 55 after discharge, including the necessity for appointment of a guardian or limited guardian. The department shall petition for limited or full guardianship, or for protective services or protective placement for the person if needed. When the department makes a petition for guardianship under this subsection, it shall not be appointed as guardian.

SB391, s. 73 Section 73. 51.40 (title) of the statutes is amended to read:

SB391,42,13 51.40 (title) Residence of developmentally disabled or chronically mentally ill Determination of residence for certain adults; county of responsibility.

SB391, s. 74 Section 74. 51.40 (1) (e) of the statutes is amended to read:

SB391,42,17 51.40 (1) (e) "County of responsibility" means the county responsible for funding the provision of care, treatment, or services under this chapter or ch. 46 or 55 to an individual.

SB391, s. 75 Section 75. 51.40 (1) (em) of the statutes is created to read:

SB391,42,20 51.40 (1) (em) "Facility" means a place, other than a hospital, that is licensed, registered, certified, or approved by the department or a county under ch. 50 or 51.

SB391, s. 76 Section 76. 51.40 (1) (f) of the statutes is amended to read:

SB391,42,23 51.40 (1) (f) "Guardian" means a guardian of the person appointed by a court under ch. 54 or ch. 880, 2003 stats.

SB391, s. 77 Section 77. 51.40 (1) (g) 1. of the statutes is amended to read:

SB391,43,3 51.40 (1) (g) 1. The status of an individual who has had a guardian appointed under ch. 880, unless the court made a specific finding under s. 880.33 (3) that the individual is competent to make an informed choice of a place to live.

SB391, s. 78 Section 78. 51.40 (1) (h) of the statutes is repealed.

SB391, s. 79 Section 79. 51.40 (1) (hm) of the statutes is created to read:

SB391,43,6 51.40 (1) (hm) "Other like incapacities" has the meaning given in s. 55.01 (5).

SB391, s. 80 Section 80. 51.40 (1) (m) of the statutes is created to read: