AB279,43,115
55.14
(3) (e) 1. The individual's history of at least 2 episodes, one of which has
6occurred within the previous 24 months, that indicate a pattern of overt activity,
7attempts, threats to act, or omissions that resulted from the individual's failure to
8participate in treatment, including psychotropic medication, and that resulted in a
9finding of probable cause for commitment under s. 51.20 (7), a settlement agreement
10approved by a court under s. 51.20 (8) (bg), or commitment ordered under s. 51.20
11(13).
AB279,43,1814
55.14
(5) The guardian ad litem appointed under s. 55.10 (4) (b) for an
15individual who is the subject of a petition under this section shall report to the court
16whether the allegations in the petition required under sub. (3) are true, and whether
17involuntary administration of psychotropic medication is in the best interests of the
18individual.
AB279,44,321
55.14
(6) If requested by an individual who is the subject of a petition under
22this section or anyone on his or her behalf, the individual has the right at his or her
23own expense, or if indigent at the expense of the county in which the petition is filed,
24to secure an independent medical or psychological examination relevant to the issues
25of whether the allegations in the petition required under sub. (3) are true, and
1whether involuntary administration of psychotropic medication is in the best
2interest of the individual, and to present a report of this independent evaluation or
3the evaluator's personal testimony as evidence at the hearing.
AB279,44,86
55.14
(7) Upon the filing of a petition under this section, the court shall appoint
7counsel as required under s. 55.10 (4) (a). A petition under this section shall be heard
8within 30 days after it is filed.
AB279,44,2211
55.14
(8) (a) Direct the development of a treatment plan for the individual
12specifying the protective services, including psychotropic medication as ordered by
13the treating physician, that the individual should receive. If the individual resides
14in a nursing home or hospital, the nursing home or hospital shall develop the
15treatment plan. If the individual resides elsewhere, the county department or an
16agency with which it contracts under s. 55.02 (2) shall develop the treatment plan.
17The treatment plan shall include a plan for the involuntary administration of
18psychotropic medication to the individual. The treatment plan is subject to the
19approval of the guardian and to review and approval by the court. If the court
20approves the plan, the court shall order the county department or an agency with
21which it contracts under s. 55.02 (2) to ensure that psychotropic medication is
22administered in accordance with the treatment plan.
AB279,45,18
155.14
(9) If an individual who is subject to an order under this section is not
2in compliance with the order because he or she refuses to take psychotropic
3medication as ordered under the treatment plan, and it is necessary for the
4individual to be transported to an appropriate facility for forcible restraint for
5administration of psychotropic medication, the corporation counsel may file with the
6court a statement of the facts that constitute the basis of the noncompliance of the
7individual. The statement shall be sworn to be true and shall be based upon the
8information and belief of the person filing the statement. The statement shall be
9signed by the individual's guardian and by the director or designee of the county
10department or an agency with which it contracts under s. 55.02 (2) to develop and
11administer the treatment plan. Upon receipt of the statement of noncompliance, if
12the court finds by clear and convincing evidence that the individual has substantially
13failed to comply with the administration of psychotropic medication as ordered under
14the treatment plan, the court may issue an order authorizing the sheriff or any other
15law enforcement agency in the county in which the individual is found or in which
16it is believed that the individual may be present to take the individual into custody
17and transport him or her to an appropriate facility for administration of psychotropic
18medication using forcible restraint, with consent of the guardian.
AB279,45,2221
55.14
(10) Nothing in this section prohibits the involuntary administration of
22psychotropic medication as an emergency protective service under s. 55.13.
AB279,46,3
155.14
(11) The county department or an agency with which it contracts under
2s. 55.02 (2) shall provide to the department a copy of any order issued under this
3section that applies to any protectively placed individual in the county.
AB279, s. 117
4Section
117. 55.15 (2) of the statutes is amended to read:
AB279,46,105
55.15
(2) Who may transfer. A guardian, a county department or agency with
6which it contracts under
s. 55.03 (2) s. 55.02 (2) that provided protective placement
7to the individual pursuant to the order of the court, the department, or a protective
8placement facility may transfer an individual under a protective placement order
9under the requirements of this section, notwithstanding the fact that a court order
10has named a specific facility for the protective placement of the individual.
AB279, s. 118
11Section
118. 55.16 (3) (c) of the statutes is amended to read:
AB279,46,1212
55.16
(3) (c) The hearing shall be subject to s. 55.10
(4).
AB279, s. 119
13Section
119. 55.17 (1) of the statutes is amended to read:
AB279,46,2214
55.17
(1) Petition. An individual, the individual's guardian or guardian ad
15litem, the department, a county department or agency with
which it contracts under
16s. 55.02 (2), or any other interested person may file a petition at any time for
17termination of an order for protective placement or protective services. The petition
18shall be served on the individual; the individual's guardian; the individual's attorney
19and guardian ad litem, if any; and the county department. The petition shall allege
20that the individual no longer meets the standards under s. 55.08 (1) for
21court-ordered protective placement or under s. 55.08 (2) for court-ordered protective
22services.
AB279,47,9
155.175 Discharge from protective placement. Prior to discharge of an
2individual from a protective placement, the county department that is responsible
3for protective placement shall review the need for continuing protective services,
4continuation of full or limited guardianship, or, if the individual has no guardian,
5guardianship. If the county department's recommendation includes a course of
6action for which court approval would be required, the county department shall
7make the recommendation to the court. Prior to discharge of the individual from any
8mental health institute or center for the developmentally disabled, the department
9shall make the review under s. 51.35 (7).
AB279, s. 121
10Section
121. 55.18 (1) (b) of the statutes is amended to read:
AB279,47,1811
55.18
(1) (b) If, following an annual review of an individual's status under par.
12(a), the individual or the individual's guardian or guardian ad litem requests
13modification or termination of the individual's protective placement and a hearing
14under the requirements of s. 55.10
(4) is provided, or if a hearing under the
15requirements of s. 55.10
(4) is provided pursuant to a petition for modification or
16termination of the protective placement, the county is not required to initiate a
17subsequent review of the individual's status under par. (a) until the first day of the
1811th month after the date that the court issues a final order after the hearing.
AB279, s. 122
19Section
122. 55.18 (2) (a) of the statutes is amended to read:
AB279,47,2220
55.18
(2) (a) Review the report filed under sub. (1) (a) 1., the report required
21under s.
880.38 (3) s. 54.25 (1) (a), and any other relevant reports on the individual's
22condition and placement.
AB279, s. 123
23Section
123. 55.18 (2) (b) 6. of the statutes is amended to read:
AB279,48,3
155.18
(2) (b) 6. The right to a hearing under sub. (3) (d) and an explanation that
2the individual or the individual's guardian may request a hearing that meets the
3requirements under s. 55.10
(4).
AB279, s. 124
4Section
124. 55.18 (2) (f) 4. of the statutes is amended to read:
AB279,48,75
55.18
(2) (f) 4. The individual or the individual's guardian or guardian ad litem
6requests a
full due process hearing
under this section that meets the requirements
7of s. 55.10 for the individual.
AB279, s. 125
8Section
125. 55.18 (3) (a) of the statutes is amended to read:
AB279,48,129
55.18
(3) (a) The court that ordered protective placement for an individual
10under s. 55.12 shall review the report of the guardian ad litem under sub. (2) (f), the
11report filed under sub. (1) (a) 1., and the report required under
s. 880.38 (3) s. 54.25
12(1) (a).
AB279, s. 126
13Section
126. 55.18 (3) (d) (intro.) of the statutes is amended to read:
AB279,48,1914
55.18
(3) (d) (intro.) The court shall order either a summary hearing or a
15hearing under the requirements of s. 55.10
(4). A summary hearing shall be held on
16the record, may be held in court or by other means, including by telephone or
17videoconference, is not an evidentiary hearing, and does not require attendance by
18the individual. The court shall hold a hearing under the requirements of s. 55.10
(4) 19if any of the following apply:
AB279,49,2
2255.19 Annual review of order authorizing involuntary administration
23of psychotropic medication. (intro.) All of the following shall be performed
24annually with respect to any individual who is subject to an order under s. 55.14 or
1an order initially issued under s. 880.33 (4r), 2003 stats., authorizing involuntary
2administration of psychotropic medication:
AB279,49,185
55.19
(1) (a) (intro.) The county department of the individual's county of
6residence shall, except as provided in sub. (1m), review, in compliance with the
7requirements of this section, the status of each individual who is the subject of the
8order. The review shall include a visit to the individual and a written evaluation of
9the physical, mental, and social condition of the individual that is relevant to the
10issue of the continued need for the order. The review shall be made a part of the
11permanent record of the individual. The county department shall inform the
12guardian of the individual of the review at the time the review is made and shall,
13before completing a report of the review, invite the individual and the guardian to
14submit comments or information concerning the individual's need for involuntary
15administration of psychotropic medication or other protective services. Not later
16than the first day of the 11th month after the initial order is made for an individual,
17except as provided in par. (b), and at least annually thereafter, the county
18department shall do all of the following:
AB279,49,2221
55.19
(1) (a) 1. File a report of the review with the court that issued the order.
22The report of the review shall include information on all of the following:
AB279,49,2423
a. Whether the individual continues to meet the standards for protective
24services.
AB279,50,2
1b. Whether the individual is not competent to refuse psychotropic medication,
2as defined in s. 55.14 (1) (b).
AB279,50,63
c. Whether the individual continues to refuse to take psychotropic medication
4voluntarily; and whether attempting to administer psychotropic medication to the
5individual voluntarily is not feasible or is not in the best interests of the individual,
6including all information required to be specified under s. 55.14 (3) (c).
AB279,50,97
d. Whether the individual's condition for which psychotropic medication has
8been prescribed has been improved by psychotropic medication and the individual
9has responded positively to psychotropic medication.
AB279,50,1210
e. If the petitioner alleged under s. 55.14 (3) (e) 2. that the individual met one
11of the dangerousness criteria set forth in s. 51.20 (1) (a) 2. a. to e., whether the
12individual continues to meet the criterion.
AB279,50,1513
f. The comments of the individual and the individual's guardian during the
14performance of the review, as summarized by the county department, and the
15response of the county department to the comments.
AB279,50,1816
g. The comments, if any, of a staff member at the facility at which the individual
17is placed or receives services or at which psychotropic medication is administered to
18the individual that are relevant to the review of the continued need for the order.
AB279,51,221
55.19
(1) (b) If, in an annual review of an individual's status under par. (a), the
22individual or the individual's guardian or guardian ad litem requests termination of
23the order and a hearing that meets the requirements of s. 55.10 is provided, or if a
24hearing under the requirements of s. 55.10 is provided pursuant to a petition for
25modification or termination of the order, the county department is not required to
1initiate a subsequent review under par. (a) until the first day of the 11th month after
2the date that the court issues a final order after the hearing.
AB279,51,75
55.19
(1) (bm) If the individual is subject to a protective placement order, the
6review under par. (a) shall be conducted simultaneously with the review under s.
755.18 of the individual's protective placement.
AB279,51,1210
55.19
(1) (c) The review under par. (a) may not be conducted by a person who
11is an employee of a facility in which the individual resides or from which the
12individual receives services.
AB279,51,1915
55.19
(1m) The county of residence of an individual who is subject to an order
16under s. 55.14 and is provided protective placement in a different county may enter
17into an agreement with that county under which the county of the individual's
18placement performs all or part of the duties of the county of residence under this
19section.
AB279,51,2222
55.19
(2) (b) 3. The right to an evaluation under sub. (3) (b).
AB279,52,3
155.19
(2) (b) 5. That a termination or modification of the order or modification
2of the treatment plan for involuntary administration of psychotropic medication may
3be ordered by the court.
AB279,52,86
55.19
(2) (b) 6. The right to a hearing under sub. (3) (d) and an explanation that
7the individual or the individual's guardian may request a hearing that meets the
8requirements under s. 55.10.
AB279,52,1211
55.19
(2) (c) Provide the information required under par. (b) to the individual
12and to the individual's guardian in writing.
AB279,52,1615
55.19
(2) (f) 4. The individual or the individual's guardian or guardian ad litem
16requests a hearing that meets the requirements of s. 55.10 for the individual.
AB279,52,2019
55.19
(2) (g) Certify to the court that he or she has complied with the
20requirements of pars. (a) to (e).
AB279,53,223
55.19
(3) (b) (intro.) The court shall order an evaluation, by a person who is not
24an employee of the county department, of the physical, mental, and social condition
25of the individual that is relevant to the issue of the continued need for the order under
1s. 55.14 and that is independent of the review performed under sub. (1) (a) if any of
2the following apply:
AB279,53,75
55.19
(3) (bm) If an evaluation is ordered under par. (b), it shall be performed
6at the expense of the individual or, if the individual is indigent, at the expense of the
7county of residence under sub. (1) (a).
AB279,53,1110
55.19
(3) (br) The court shall order that the county department obtain any
11other necessary information with respect to the individual.
AB279,53,1914
55.19
(3) (d) (intro.) The court shall order either a summary hearing or a
15hearing that meets the requirements of s. 55.10. A summary hearing shall be held
16on the record, may be held in court or by other means, including by telephone or
17videoconference, is not an evidentiary hearing, and does not require attendance by
18the individual. The court shall hold a hearing under the requirements of s. 55.10 if
19any of the following apply:
AB279,54,222
55.19
(3) (e) 1. If the court finds that the individual continues to meet the
23standards for an order under s. 55.14 (8), the court shall order the continuation of the
24order. The court shall include in the decision the information relied upon as a basis
25for continuation of the order and shall make findings based on the requirements for
1allegations of a petition under s. 55.14 (3) in support of the need for continuation of
2the order.
AB279,54,135
55.19
(3) (e) 2. If the court finds that the individual continues to meet the
6standards for an order under s. 55.14 (8) but that modification of the order or the
7treatment plan would be in the best interests of the individual, the court shall modify
8the order, order modifications to the individual's treatment plan, or both. Any
9modifications to the treatment plan are subject to the approval of the guardian. The
10court shall include in the decision the information relied upon as a basis for
11continuation of the order and shall make findings based on the requirements for
12allegations of a petition under s. 55.14 (3) in support of the need for authorizing the
13guardian to consent to involuntary administration of psychotropic medication.
AB279,54,2216
55.19
(3) (e) 3. If the court finds that the individual no longer meets the
17standards for an order under s. 55.14 (8), the court shall terminate the order. If the
18order is terminated, the court shall review the needs of the individual with respect
19to other protective services. If the court determines that the individual meets the
20standards under s. 55.08 (2) for other protective services that are not currently being
21provided to the individual, the court may order those protective services for the
22individual.
AB279,55,3
155.195 Duties of guardian ad litem for protective services reviews. 2(intro.) In any review of a protective services order made under s. 55.12, except as
3provided in s. 55.19 (2), the guardian ad litem shall do all of the following:
AB279, s. 148
4Section
148. 55.195 (4) of the statutes is amended to read:
AB279,55,65
55.195
(4) Review the annual report and relevant reports on the ward's
6condition and
placement protective services.
AB279, s. 149
7Section
149. 55.195 (5) of the statutes is amended to read:
AB279,55,98
55.195
(5) Review the ward's condition,
placement protective services, and
9rights with the guardian.
AB279, s. 150
10Section
150. 55.195 (6) of the statutes is amended to read: