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1255.02 Protective services and protective placement: duties. (1) 13Department duties. (a) The department shall do all of the following:
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1. Cooperate with county departments to develop and operate a coordinated,
15statewide system for protective services and protective placement. The protective
16services and protective placement system shall be designed to encourage
17independent living and to avoid protective placement whenever possible.
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2. Monitor and supervise the implementation and operation of the protective
19services and protective placement system.
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3. Provide technical assistance to county departments providing protective
21services and protective placement.
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4. Evaluate the protective services and protective placement system.
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(b) The department may provide protective services and protective placement
24directly or contract for the provision of protective services or protective placement.
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1(2) County department duties. (a) The chairperson of each county board of
2supervisors shall designate a county department under s. 46.215, 46.22, 46.23, 51.42,
3or 51.437 that is providing services in the county on its own or through a joint
4mechanism with another county department or county to have the responsibility for
5planning for the provision of protective services and protective placement and for
6directly providing protective services, protective placement, or both, or entering into
7a contract under s. 46.036 with a responsible agency for the provision of protective
8services, protective placement, or both.
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(b) In addition to the responsibilities specified in par. (a), the county
10department shall:
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1. Monitor and evaluate protective services and protective placements.
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2. Prepare and submit reports required by the department, or by a court if
13protective services or protective placement are ordered by a court.
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3. Develop requirements for submittal by guardians of the person of reports to
15the county department under s. 54.25 (1) (a).
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4. Designate at least one appropriate medical facility or protective placement
17facility as an intake facility for the purpose of emergency protective placements
18under s. 55.135.
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55.03
(1) Agency as guardian Guardian as provider. No
agency acting as a 22guardian appointed under
ch. 54 or ch. 880
, 2003 stats., may be a provider of
23protective services or protective placement for its ward under this chapter.
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155.03
(3) Guardian authority and responsibility applicable to parent of
2minor. Where any responsibility or authority is created under this chapter upon or
3in relation to a guardian, the responsibility or authority is deemed to apply to a
4parent or person in the place of a parent in the case of a minor who is or who is alleged
5to
be developmentally disabled have developmental disability.
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55.043
(1r) (b) 2. Observation of or an interview with the adult at risk, in
9private to the extent practicable, and with or without consent of his or her guardian
10or agent under an activated power of attorney for health care, if any.
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55.043
(1r) (c) 2. c. The examination is authorized by order of a court.
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55.043
(4) (am) Upon responding to a report, the adult-at-risk agency or the
17investigative agency shall determine whether the adult at risk or any other
18individual involved in the alleged abuse, financial exploitation, neglect, or
19self-neglect is in need of services under this chapter or ch. 46, 47,
59 49, 51, or
880 2054. If provided, direct services shall be rendered under the least restrictive
21conditions necessary to achieve their objective.
SB731, s. 39
22Section
39. 55.043 (6) (bt) 8. of the statutes, as created by Wisconsin Act 388,
23is amended to read:
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155.043
(6) (bt) 8. To the attorney or guardian ad litem for the adult at risk who
2is the alleged victim named in the record, to assist in preparing for any proceeding
3under ch. 48, 51,
54, 55, 813,
880, 971, or 975 pertaining to the alleged victim.
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55.055
(1) (a) The guardian of an individual who has been
found adjudicated 7incompetent
under s. 880.33 may consent to the individual's admission to a foster
8home, group home, or community-based residential facility, as defined under s.
950.01 (1g), without a protective placement order under s. 55.12 if the home or facility
10is licensed for fewer than 16 beds. Prior to providing that consent, and annually
11thereafter, the guardian shall review the ward's right to the least restrictive
12residential environment and may consent only to admission to a home or facility that
13implements that right.
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55.055
(1) (b) The guardian of an individual who has been
found adjudicated 17incompetent
under s. 880.33 may consent to the individual's admission to a nursing
18home or other facility not specified in par. (a) for which protective placement is
19otherwise required for a period not to exceed 60 days. In order to be admitted under
20this paragraph, the individual must be in need of recuperative care or be unable to
21provide for his or her own care or safety so as to create a serious risk of substantial
22harm to himself or herself or others. Prior to providing that consent, the guardian
23shall review the ward's right to the least restrictive residential environment and
24consent only to admission to a nursing home or other facility that implements that
25right. Following the 60-day period, the admission may be extended for an additional
160 days if a petition for protective placement under s. 55.075 has been brought, or,
2if no petition for protective placement under s. 55.075 has been brought, for an
3additional 30 days for the purpose of allowing the initiation of discharge planning for
4the individual. Admission under this paragraph is not permitted for an individual
5for whom the primary purpose of admission is for treatment or services related to the
6individual's mental illness or developmental disability.
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955.06 Protective services and protective placement; eligibility. To be
10eligible for court-ordered protective placement or protective services, an individual
11shall have filed a petition to transfer a foreign guardianship, whether present in the
12state or not, or shall be a resident of the state; and shall have a need for protective
13placement or protective services. The individual shall have attained the age of 18,
14but an individual who is alleged to have developmental disability may receive
15protective placement or protective services upon attaining the age of 14. Protective
16placement or protective services may be ordered under this chapter only for an
17individual who is adjudicated incompetent in this state or for a minor who is alleged
18to have developmental disability, and only if there is a finding of a need for protective
19placement under s. 55.12, and ss. 55.055 (5), 55.13, and 55.135 are inappropriate or
20do not apply. A procedure for court-ordered protective placement or protective
21services may be initiated 6 months before a minor attains age 18.
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55.075
(5) (bm) The court in which a petition is first filed under
par. (c) sub. (1) 25shall determine venue. The court shall direct that proper notice be given to any
1potentially responsible or affected county. Proper notice is given to a potentially
2responsible or affected county if written notice of the proceeding is sent by certified
3mail to the county's clerk and corporation counsel. After all potentially responsible
4or affected counties and parties have been given an opportunity to be heard, the court
5shall determine that venue lies in the county in which the petition is filed under par.
6(c) or in another county, as appropriate. If the court determines that venue lies in
7another county, the court shall order the entire record certified to the proper court.
8A court in which a subsequent petition is filed shall, upon being satisfied of an earlier
9filing in another court, summarily dismiss the subsequent petition. If any
10potentially responsible or affected county or party objects to the court's finding of
11venue, the court may refer the issue to the department for a determination of the
12county of residence under s. 51.40 (2) (g) and may suspend ruling on the motion for
13change of venue until the determination under s. 51.40 (2) (g) is final.
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55.075
(3) A petition for guardianship described in s. 55.08 (1) (b) or (2) (a) shall
17be heard prior to ordering protective placement or protective services. If the
18individual is adjudicated incompetent in this state more than 12 months before the
19filing of an application for protective placement or protective services on his or her
20behalf, the court shall review the finding of incompetency.
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55.075
(5) (a) A petition under sub. (1) shall be filed in the county of residence
24of the individual to be protected, as determined under s. 51.40 or by the individual's
25guardian or where the individual is physically present due to circumstances
1including those specified under s. 51.22 (4). If an individual has not received services
2under ch. 46, 51, or 55 or if an individual has received services under ch. 46, 51, or
355 that have been terminated and has established residence in a county other than
4that in which the individual resided when the services were received, the court may
5determine the individual's county of residence. The county of residence under this
6paragraph is the county of responsibility.
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55.08
(1) (b) Except in the case of a minor who is alleged to have developmental
10disability, the individual has either been adjudicated incompetent by a circuit court,
11or has had submitted on the minor's behalf a petition for a guardianship.
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55.08
(2) (a) The individual has been determined to be incompetent by a circuit
15court or is a minor who is alleged to have developmental disability and on whose
16behalf a petition for a guardianship has been submitted.
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55.09
(1) Notice to individual. Notice of a petition for protective placement
20or protective services shall be served upon the individual sought to be protected, by
21personal service, at least 10 days before the time set for a hearing. The person
22serving the notice shall inform the individual sought to be protected of the complete
23contents of the notice and shall return a certificate to the circuit judge verifying that
24the petition has been delivered and notice given. The notice shall include the names
25of all petitioners.
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55.10
(4) (a)
Counsel; costs. The individual sought to be protected has the right
4to counsel whether or not the individual is present at the hearing on the petition.
5The court shall require representation by full legal counsel whenever the petition
6alleges that the individual is not competent to refuse psychotropic medication under
7s. 55.14, the individual sought to be protected requested such representation at least
872 hours before the hearing, the guardian ad litem or any other person states that
9the individual sought to be protected is opposed to the petition, or the court
10determines that the interests of justice require it. If the individual sought to be
11protected or any other person on his or her behalf requests but is unable to obtain
12legal counsel, the court shall appoint legal counsel. Counsel shall be provided at
13public expense, as provided under s. 967.06 and ch. 977, if the individual is indigent.
14If the individual sought to be protected is an adult who is indigent, and if counsel was
15not appointed under s. 977.08, the county in which the hearing is held is liable for
16any fees due the individual's legal counsel. If the individual sought to be protected
17is represented by counsel appointed under s. 977.08 in a proceeding for the
18appointment of a guardian under s.
880.33 54.10, the court shall order the counsel
19appointed under s. 977.08 to represent under this section the individual sought to
20be protected.
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55.10
(4) (b)
Guardian ad litem; duties; fees. Sections 54.42, 54.44, and 54.46
24apply to all hearings under this chapter except for transfers of placement under s.
2555.15. The court shall in all cases require the appointment of an attorney as
1guardian ad litem in accordance with s. 757.48 (1). The responsibilities and duties
2of a guardian ad litem on behalf of a proposed ward or individual who is alleged
3incompetent specified in s. 54.40 apply to a guardian ad litem appointed in a
4proceeding for protective services or protective placement on behalf of an individual
5sought to be protected. If a guardian has been appointed for an individual who is the
6subject of a petition for court-ordered protective placement or protective services,
7the guardian ad litem shall interview the guardian. The guardian ad litem shall be
8present at all hearings under this chapter if the individual sought to be protected
9does not have full legal counsel. The court may, however, excuse a personal
10appearance by a guardian ad litem based on information contained in a written
11report by the guardian ad litem to the court. If the individual sought to be protected
12is an adult who is indigent, the county shall be liable for any fees due the guardian
13ad litem. If the individual sought to be protected is a minor, the minor's parents or
14the county in which the hearing is held shall be liable for any fees due the guardian
15ad litem as provided in s. 48.235 (8).
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55.11
(1) (c) A medical, psychological, social, vocational, and educational
19evaluation and review, if necessary, and any recommendations for or against
20maintenance of partial legal rights as provided in s.
880.33 54.25 (2). The evaluation
21and review shall include recommendations for the individual's placement that are
22consistent with the requirements of s. 55.12 (3), (4), and (5).
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155.13
(2) If the county department or agency with which the county
2department contracts under s. 55.02 (2) that is providing emergency protective
3services to an individual under sub. (1) has reason to believe that the individual
4meets the criteria for protective services under s. 55.08 (2), the county department
5or agency may file a petition under s. 55.075. If a petition is filed, a preliminary
6hearing shall be held within 72 hours, excluding Saturdays, Sundays, and legal
7holidays, to establish probable cause that the criteria under s. 55.08 (2) are present.
8The county department or agency shall provide the individual with written notice
9and orally inform the individual of the time and place of the preliminary hearing.
10If the individual is not under guardianship, a petition for guardianship shall
11accompany the petition under s. 55.08 (2), except in the case of a minor who is alleged
12to
be developmentally disabled have developmental disability.
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55.135
(4) When an individual is detained under this section, a petition shall
16be filed under s. 55.075 by the person making the emergency protective placement
17and a preliminary hearing shall be held within 72 hours, excluding Saturdays,
18Sundays and legal holidays, to establish probable cause to believe the grounds for
19protective placement under s. 55.08 (1). The sheriff or other person making
20emergency protective placement under sub. (1) shall provide the individual with
21written notice and orally inform him or her of the time and place of the preliminary
22hearing. If the detainee is not under guardianship, a petition for guardianship shall
23accompany the protective placement petition, except in the case of a minor who is
24alleged to have developmental disability. In the event that protective placement is
1not appropriate, the court may elect to treat a petition for protective placement as
2a petition for commitment under s. 51.20 or 51.45 (13).
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55.14
(2) Involuntary administration of psychotropic medication, with consent
6of a guardian, may be ordered as a protective service only under the requirements
7of this section.
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55.14
(3) (c) The individual has refused to take the psychotropic medication
11voluntarily or attempting to administer psychotropic medication to the individual
12voluntarily is not feasible or is not in the best interests of the individual. If the
13petition alleges that the individual has refused to take psychotropic medication
14voluntarily, the petition shall identify the reasons, if known, for the individuals
15refusal to take psychotropic medication voluntarily. The petition also shall provide
16evidence showing that a reasonable number of documented attempts to administer
17psychotropic medication voluntarily using appropriate interventions that could
18reasonably be expected to increase the individual's willingness to take psychotropic
19medication voluntarily have been made and have been unsuccessful. If the petition
20alleges that attempting to administer psychotropic medications to the individual
21voluntarily is not feasible or is not in the best interests of the individual, the petition
22must identify specific reasons supporting that allegation.
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155.14
(3) (e) (intro.) Unless psychotropic medication is administered
2involuntarily, the individual will incur a substantial probability of physical harm,
3impairment, injury, or debilitation or will present a substantial probability of
4physical harm to others. The substantial probability of physical harm, impairment,
5injury, or debilitation shall be evidenced by one of the following:
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55.14
(3) (e) 1. The individual's history of at least 2 episodes, one of which has
9occurred within the previous 24 months, that indicate a pattern of overt activity,
10attempts, threats to act, or omissions that resulted from the individual's failure to
11participate in treatment, including psychotropic medication, and that resulted in a
12finding of probable cause for commitment under s. 51.20 (7), a settlement agreement
13approved by a court under s. 51.20 (8) (bg), or commitment ordered under s. 51.20
14(13).
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55.14
(5) The guardian ad litem appointed under s. 55.10 (4) (b) for an
18individual who is the subject of a petition under this section shall report to the court
19whether the allegations in the petition required under sub. (3) are true, and whether
20involuntary administration of psychotropic medication is in the best interests of the
21individual.
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155.14
(7) Upon the filing of a petition under this section, the court shall appoint
2counsel as required under s. 55.10 (4) (a). A petition under this section shall be heard
3within 30 days after it is filed.
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55.14
(8) (a) Direct the development of a treatment plan for the individual
7specifying the protective services, including psychotropic medication as ordered by
8the treating physician, that the individual should receive. If the individual resides
9in a nursing home or hospital, the nursing home or hospital shall develop the
10treatment plan. If the individual resides elsewhere, the county department or an
11agency with which it contracts under s. 55.02 (2) shall develop the treatment plan.
12The treatment plan shall include a plan for the involuntary administration of
13psychotropic medication to the individual. The treatment plan is subject to the
14approval of the guardian and to review and approval by the court. If the court
15approves the plan, the court shall order the county department or an agency with
16which it contracts under s. 55.02 (2) to ensure that psychotropic medication is
17administered in accordance with the treatment plan.
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55.14
(9) If an individual who is subject to an order under this section is not
21in compliance with the order because he or she refuses to take psychotropic
22medication as ordered under the treatment plan, and it is necessary for the
23individual to be transported to an appropriate facility for forcible restraint for
24administration of psychotropic medication, the corporation counsel may file with the
25court a statement of the facts of the noncompliance of the individual. The statement
1shall be sworn to be true and shall be based upon the information and belief of the
2person filing the statement. The statement shall be signed by the individual's
3guardian and by the director or designee of the county department or an agency with
4which it contracts under s. 55.02 (2) to develop and administer the treatment plan.
5Upon receipt of the statement of noncompliance, if the court finds by clear and
6convincing evidence that the individual has substantially failed to comply with the
7administration of psychotropic medication as ordered under the treatment plan, the
8court may issue an order authorizing the sheriff or any other law enforcement agency
9in the county in which the individual is found or in which it is believed that the
10individual may be present to take the individual into custody and transport him or
11her to an appropriate facility for administration of psychotropic medication using
12forcible restraint, with consent of the guardian.
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55.14
(10) Nothing in this section prohibits the involuntary administration of
16psychotropic medication as an emergency protective service under s. 55.13.
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55.14
(11) The county department or an agency with which it contracts under
20s. 55.02 (2) shall provide to the department a copy of any order issued under this
21section that applies to any protectively placed individual in the county.
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55.15
(2) Who may transfer. A guardian, a county department or agency with
25which it contracts under s.
55.03 (2) 55.02 (2) that provided protective placement to
1the individual pursuant to the order of the court, the department, or a protective
2placement facility may transfer an individual under a protective placement order
3under the requirements of this section, notwithstanding the fact that a court order
4has named a specific facility for the protective placement of the individual.
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755.175 Discharge from protective placement. Prior to discharge of an
8individual from a protective placement, the county department that is responsible
9for protective placement shall review the need for continuing protective services,
10continuation of full or limited guardianship, or, if the individual has no guardian,
11guardianship. If the county department's recommendation includes a course of
12action for which court approval would be required, the county department shall
13make the recommendation to the court. Prior to discharge of the individual from any
14mental health institute or center for the developmentally disabled, the department
15shall make the review under s. 51.35 (7).
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55.18
(2) (a) Review the report filed under sub. (1) (a) 1., the report required
19under s.
880.38 (3) 54.25 (1) (a), and any other relevant reports on the individual's
20condition and placement.
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55.18
(3) (a) The court that ordered protective placement for an individual
24under s. 55.12 shall review the report of the guardian ad litem under sub. (2) (f), the
1report filed under sub. (1) (a) 1., and the report required under s.
880.38 (3) 54.25 (1)
2(a).
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555.19 Annual review of order authorizing involuntary administration
6of psychotropic medication. (intro.) All of the following shall be performed with
7respect to any individual who is subject to an order under s. 55.14 or an order initially
8issued under s. 880.33 (4r), 2003 stats., authorizing involuntary administration of
9psychotropic medication:
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55.19
(1) (a) 1. File a report of the review with the court that issued the order.
13The report of the review shall include information on all of the following:
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a. Whether the individual continues to meet the standards for protective
15services.
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b. Whether the individual is not competent to refuse psychotropic medication,
17as defined in s. 55.14 (1) (b).
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c. Whether the individual continues to refuse to take psychotropic medication
19voluntarily; and whether attempting to administer psychotropic medication to the
20individual voluntarily is not feasible or is not in the best interests of the individual,
21including all information required to be specified under s. 55.14 (3) (c).
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d. Whether the individual's condition for which psychotropic medication has
23been prescribed has been improved by psychotropic medication and the individual
24has responded positively to psychotropic medication.