SB731,25,176
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.
SB731,26,1220
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.
SB731,26,1615
55.14
(10) Nothing in this section prohibits the involuntary administration of
16psychotropic medication as an emergency protective service under s. 55.13.
SB731,26,2119
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.
SB731,27,424
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.
SB731,27,15
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).
SB731,27,2018
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.
SB731,28,223
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).
SB731,28,9
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:
SB731,28,1312
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:
SB731,28,1514
a. Whether the individual continues to meet the standards for protective
15services.
SB731,28,1716
b. Whether the individual is not competent to refuse psychotropic medication,
17as defined in s. 55.14 (1) (b).
SB731,28,2118
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).
SB731,28,2422
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.
SB731,29,3
1e. If the petitioner alleged under s. 55.14 (3) (e) 2. that the individual met one
2of the dangerousness criteria set forth in s. 51.20 (1) (a) 2. a. to e., whether the
3individual continues to meet the criterion.
SB731,29,64
f. The comments of the individual and the individual's guardian during the
5performance of the review, as summarized by the county department, and the
6response of the county department to the comments.
SB731,29,97
g. The comments, if any, of a staff member at the facility at which the individual
8is placed or receives services or at which psychotropic medication is administered to
9the individual that are relevant to the review of the continued need for the order.
SB731,29,1812
55.19
(1) (b) If, following an annual review of an individual's status under par.
13(a), the individual or the individual's guardian or guardian ad litem requests
14termination of the order and a hearing under the requirements of s. 55.10 (4) is
15provided, or if a hearing under the requirements of s. 55.10 (4) is provided pursuant
16to a petition for modification or termination of the order, the county department is
17not required to initiate a subsequent review under par. (a) until the first day of the
1811th month after the date that the court issues a final order after the hearing.
SB731,29,2321
55.19
(1) (bm) If the individual is subject to a protective placement order, the
22review under par. (a) shall be conducted simultaneously with the review under s.
2355.18 of the individual's protective placement.
SB731,30,3
155.19
(1) (c) The review under par. (a) may not be conducted by a person who
2is an employee of a facility in which the individual resides or from which the
3individual receives services.
SB731,30,106
55.19
(1m) County agreement. The county of residence of an individual who
7is subject to an order under s. 55.14 and is provided protective placement in a
8different county may enter into an agreement with that county under which the
9county of the individual's placement performs all or part of the duties of the county
10of residence under this section.
SB731,30,1413
55.19 (2) (b) 3. That the court may under sub. (3) (b) order performance of an
14evaluation.
SB731,30,1917
55.19
(2) (b) 5. That a termination or modification of the order or modification
18of the treatment plan for involuntary administration of psychotropic medication may
19be ordered by the court.
SB731,30,2422
55.19
(2) (b) 6. The right to a hearing under sub. (3) (d) and an explanation that
23the individual or the individual's guardian may request a hearing that meets the
24requirements under s. 55.10 (4).
SB731,31,43
55.19
(2) (c) Provide the information required under par. (b) to the individual
4and to the individual's guardian in writing.
SB731,31,87
55.19
(2) (f) 4. The individual or the individual's guardian or guardian ad litem
8requests a full due process hearing under this section for the individual.
SB731,31,1211
55.19
(2) (g) Certify to the court that he or she has complied with the
12requirements of pars. (a) to (e).
SB731,31,1915
55.19
(3) (b) (intro.) The court shall order an evaluation, by a person who is not
16an employee of the county department, of the physical, mental, and social condition
17of the individual that is relevant to the issue of the continued need for the order under
18s. 55.14 and that is independent of the review performed under sub. (1) (a) if any of
19the following apply:
SB731,31,2422
55.19
(3) (bm) If an evaluation is ordered under par. (b), it shall be performed
23at the expense of the individual or, if the individual is indigent, at the expense of the
24county of residence under sub. (1) (a).
SB731,32,43
55.19
(3) (br) The court may order that the county department obtain any other
4necessary information with respect to the individual.
SB731,32,127
55.19
(3) (d) (intro.) The court shall order either a summary hearing or a
8hearing under the requirements of s. 55.10 (4). A summary hearing shall be held on
9the record, may be held in court or by other means, including by telephone or
10videoconference, is not an evidentiary hearing, and does not require attendance by
11the individual. The court shall hold a hearing under the requirements of s. 55.10 (4)
12if any of the following apply:
SB731,32,2015
55.19
(3) (e) 1. If the court finds that the individual continues to meet the
16standards for an order under s. 55.14 (8), the court shall order the continuation of the
17order. The court shall include in the decision the information relied upon as a basis
18for continuation of the order and shall make findings based on the requirements for
19allegations of a petition under s. 55.14 (3) in support of the need for continuation of
20the order.
SB731,33,623
55.19
(3) (e) 2. If the court finds that the individual continues to meet the
24standards for an order under s. 55.14 (8) but that modification of the order or the
25treatment plan would be in the best interests of the individual, the court shall modify
1the order, order modifications to the individual's treatment plan, or both. Any
2modifications to the treatment plan are subject to the approval of the guardian. The
3court shall include in the decision the information relied upon as a basis for
4continuation of the order and shall make findings based on the requirements for
5allegations of a petition under s. 55.14 (3) in support of the need for authorizing the
6guardian to consent to involuntary administration of psychotropic medication.
SB731,33,159
55.19
(3) (e) 3. If the court finds that the individual no longer meets the
10standards for an order under s. 55.14 (8), the court shall terminate the order. If the
11order is terminated, the court shall review the needs of the individual with respect
12to other protective services. If the court determines that the individual meets the
13standards under s. 55.08 (2) for other protective services that are not currently being
14provided to the individual, the court may order those protective services for the
15individual.
SB731,33,2218
55.22
(2) If the individual is a minor, consent for release of information from
19and access to the court records may be given only as provided in s. 51.30. If the
20individual is an adult who has been adjudicated incompetent in this state, consent
21for release of information from and access to court records may be given only as
22provided in s. 54.75.
SB731,34,9
1609.65
(1) (intro.) If an enrollee of a limited service health organization,
2preferred provider plan, or defined network plan is examined, evaluated, or treated
3for a nervous or mental disorder pursuant to a court order under s. 880.33 (4m) or
4(4r), 2003 stats., an emergency detention under s. 51.15, a commitment or a court
5order under s. 51.20, an order under s. 55.14 or 55.19 (3) (e), or an order under ch.
6980, then, notwithstanding the limitations regarding participating providers,
7primary providers, and referrals under ss. 609.01 (2) to (4) and 609.05 (3), the limited
8service health organization, preferred provider plan, or defined network plan shall
9do all of the following:
SB731,34,1512
813.123
(2) (b) The court may go forward with a petition filed under sub. (6) if
13the individual at risk has been adjudicated incompetent under
ch. 54 or under ch.
14880,
2003 stats., notwithstanding an objection by an individual at risk who is the
15subject of the petition, or an objection by the guardian of the individual at risk.
SB731,34,2218
813.123
(3) (b) The court or circuit court commissioner, on its or his or her own
19motion or the motion of any party, shall order that a guardian ad litem be appointed
20under s. 880.331 (1) for the individual at risk, if the petition under sub. (6) was filed
21by a person other than the individual at risk, and may order that a guardian ad litem
22be appointed in other instances when justice so requires.
SB731,35,5
1813.123
(4) (a) (intro.) Unless the individual at risk, guardian, or guardian ad
2litem consents in writing and the judge or circuit court commissioner agrees that the
3contact is in the best interests of the individual at risk, a judge or circuit court
4commissioner shall issue a temporary restraining order, as specified in par. (ar), if
5all of the following occur:
SB731,35,148
813.123
(4) (a) 2. a. That the respondent has interfered with or, based on prior
9conduct of the respondent, may interfere with an investigation of the individual at
10risk, the delivery of protective services to or a protective placement of the individual
11at risk under ch. 55, or the delivery of services to an elder adult at risk under s. 46.90
12(5m); and that the interference complained of, if continued, would make it difficult
13to determine whether abuse, financial exploitation, neglect, or self-neglect has
14occurred, is occurring, or may recur.
SB731,35,2117
813.123
(4) (ar) 1. Avoid interference with an investigation of the elder adult
18at risk under s. 46.90 or the adult at risk under s. 55.043, the delivery of protective
19services to the individual at risk under s. 55.05 or a protective placement of the
20individual at risk under
s. 55.06 ch. 55, or the delivery of services to the elder adult
21at risk under s. 46.90 (5m).
SB731,36,224
813.123
(5) (a) (intro.) Unless the individual at risk, guardian, or guardian ad
25litem consents in writing to a contact and the judge agrees that the contact is in the
1best interests of the individual at risk, a judge may grant an injunction ordering the
2respondent, as specified in par. (ar), if all of the following occur:
SB731,36,95
813.123
(5) (ar) 1. Avoid interference with an investigation of the elder adult
6at risk under s. 46.90 or the adult at risk under s. 55.043, the delivery of protective
7services to the individual at risk under s. 55.05 or a protective placement of the
8individual at risk under
s. 55.06 ch. 55, or the delivery of services to the elder adult
9at risk under s. 46.90 (5m).
SB731,36,1912
813.123
(6) (c) That the respondent interfered with or, based on prior conduct
13of the respondent, may interfere with an investigation of the elder adult at risk under
14s. 46.90 (5), an investigation of the adult at risk under s. 55.043, the delivery of
15protective services to, or a protective placement of, the individual at risk under ch.
1655, or the delivery of services to the elder adult at risk under s. 46.90 (5m); or that
17the respondent engaged in, or threatened to engage in, the abuse, financial
18exploitation, neglect, stalking, or harassment of an individual at risk or
19mistreatment of an animal.
SB731,37,222
813.123
(7) Interference order. Any order under sub. (4) (ar) 1. or 2. or (5)
23(ar) 1. or 2. also shall prohibit the respondent from intentionally preventing a
24representative or employee of the county protective services agency from meeting,
1communicating or being in visual or audio contact with the adult at risk, except as
2provided in the order.
SB731,37,85
940.285
(1m) Exception. Nothing in this section may be construed to mean
6that
a vulnerable adult an individual at risk is abused solely because he or she
7consistently relies upon treatment by spiritual means through prayer for healing, in
8lieu of medical care, in accordance with his or her religious tradition.
SB731, s. 99
9Section
99. 940.295 (1) (cr) of the statutes is created to read:
SB731,37,1010
940.295
(1) (cr) "Elder adult at risk" has the meaning given in s. 46.90 (1) (br).
SB731, s. 100
11Section
100. 940.295 (1) (hr) of the statutes is created to read:
SB731,37,1312
940.295
(1) (hr) "Individual at risk" means an elder adult at risk or an adult
13at risk.