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:
AB279,55,1511
55.195
(6) If relevant, report to the court that the ward objects to the finding
12of continuing incompetency, the present or proposed
placement protective services,
13the position of the guardian, or the recommendation of the guardian ad litem as to
14the best interests of the ward or if there is ambiguity about the ward's position on
15these matters.
AB279,55,2218
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.
AB279, s. 152
23Section
152. 146.40 (1) (am) of the statutes is repealed.
AB279, s. 153
24Section
153. 146.82 (2) (a) 7. of the statutes is repealed and recreated to read:
AB279,56,7
1146.82
(2) (a) 7. To an elder-adult-at-risk agency designated under s. 46.90
2(2) or other investigating agency under s. 46.90 for purposes of s. 46.90 (4) and (5) or
3to an adult-at-risk agency designated under s. 55.043 (1d) for purposes of s. 55.043.
4The health care provider may release information by initiating contact with the
5elder-adult-at-risk agency or adult-at-risk agency without receiving a request for
6release of the information from the elder-adult-at-risk agency or adult-at-risk
7agency.
AB279, s. 154
8Section
154. 560.9811 (1) of the statutes is amended to read:
AB279,56,109
560.9811
(1) In this section, "
mental illness serious and persistent
mental
10illness" has the meaning given in s. 51.01 (14t).
AB279,56,2213
609.65
(1) (intro.) If an enrollee of a limited service health organization,
14preferred provider plan, or defined network plan is examined, evaluated, or treated
15for a nervous or mental disorder pursuant to a court order under s. 880.33 (4m) or
16(4r), 2003 stats., an emergency detention under s. 51.15, a commitment or a court
17order under s. 51.20, an order for protective placement or protective services under
18ch. 55, an order under s. 55.14 or 55.19 (3) (e), or an order under ch. 980, then,
19notwithstanding the limitations regarding participating providers, primary
20providers, and referrals under ss. 609.01 (2) to (4) and 609.05 (3), the limited service
21health organization, preferred provider plan, or defined network plan shall do all of
22the following:
AB279,57,9
1757.69
(1) (h) Hear petitions for commitment and conduct probable cause
2hearings under ss. 51.20, 51.45, 55.13, and 55.135, conduct reviews of guardianships
3under ch. 54 and reviews of protective placements and protective services under ch.
455, advise a person alleged to be mentally ill of his or her rights under the United
5States and Wisconsin constitutions, and, if the person claims or appears to be unable
6to afford counsel, refer the person to the authority for indigency determinations
7specified under s. 977.07 (1) or, if the person is a child, refer that child to the state
8public defender who shall appoint counsel for the child without a determination of
9indigency, as provided in s. 48.23 (4).
AB279, s. 157
10Section
157. 813.123 (2) (b) of the statutes is amended to read:
AB279,57,1411
813.123
(2) (b) The court may go forward with a petition filed under sub. (6) if
12the individual at risk has been adjudicated incompetent under
ch. 880 ch. 880, 2003
13stats., or ch. 54, notwithstanding an objection by an individual at risk who is the
14subject of the petition, or an objection by the guardian of the individual at risk.
AB279,57,2117
813.123
(3) (b) The court or circuit court commissioner, on its or his or her own
18motion or the motion of any party, shall order that a guardian ad litem be appointed
19for the individual at risk, if the petition under sub. (6) was filed by a person other than
20the individual at risk, and may order that a guardian ad litem be appointed in other
21instances when justice so requires.
AB279,58,324
813.123
(4) (a) (intro.) Unless the individual at risk, guardian, or guardian ad
25litem consents in writing and the judge or circuit court commissioner agrees that the
1contact is in the best interests of the individual at risk, a judge or circuit court
2commissioner shall issue a temporary restraining order, as specified in par. (ar), if
3all of the following occur:
AB279,58,126
813.123
(4) (a) 2. a. That the respondent has interfered with or, based on prior
7conduct of the respondent, may interfere with an investigation of the individual at
8risk, the delivery of protective services to or a protective placement of the individual
9at risk under ch. 55, or the delivery of services to an elder adult at risk under s. 46.90
10(5m); and that the interference complained of, if continued, would make it difficult
11to determine whether abuse, financial exploitation, neglect, or self-neglect has
12occurred, is occurring, or may recur.
AB279, s. 161
13Section
161. 813.123 (4) (ar) 1. of the statutes is amended to read:
AB279,58,1814
813.123
(4) (ar) 1. Avoid interference with an investigation of the elder adult
15at risk under s. 46.90 or the adult at risk under s. 55.043, the delivery of protective
16services to
the individual at risk under s. 55.05 or a protective placement of the
17individual at risk under
s. 55.06 ch. 55, or the delivery of services to the elder adult
18at risk under s. 46.90 (5m).
AB279,58,2421
813.123
(5) (a) (intro.) Unless the individual at risk, guardian, or guardian ad
22litem consents in writing to a contact and the judge agrees that the contact is in the
23best interests of the individual at risk, a judge may grant an injunction ordering the
24respondent as specified in par. (ar), if all of the following occur:
AB279, s. 163
1Section
163. 813.123 (5) (a) 3. b. of the statutes, as affected by Wisconsin Acts
2264 and 388, is amended to read:
AB279,59,83
813.123
(5) (a) 3. b. That the respondent has interfered with the delivery
4individual at risk of protective services to or a protective placement of the individual
5at risk under ch. 55 after the offer of protective services or protective placement has
6been made and the individual at risk or his or her guardian, if any, has consented to
7receipt of the protective services or protective placement; or that the respondent has
8interfered with the delivery of services to an elder adult at risk under s. 46.90 (5m).
AB279, s. 164
9Section
164. 813.123 (5) (ar) 1. of the statutes is amended to read:
AB279,59,1410
813.123
(5) (ar) 1. Avoid interference with an investigation of the elder adult
11at risk under s. 46.90 or the adult at risk under s. 55.043, the delivery of protective
12services to
the individual at risk under s. 55.05 or a protective placement of the
13individual at risk under
s. 55.06 ch. 55, or the delivery of services to the elder adult
14at risk under s. 46.90 (5m).
AB279, s. 165
15Section
165. 813.123 (5) (c) 1. of the statutes is amended to read:
AB279,59,1716
813.123
(5) (c) 1. An injunction under this subsection is effective according to
17its terms
, but for not more than 4 years.
AB279,60,220
813.123
(6) (c) That the respondent interfered with or, based on prior conduct
21of the respondent, may interfere with an investigation of the elder adult at risk under
22s. 46.90 (5), an investigation of the adult at risk under s. 55.043, the delivery of
23protective services to or a protective placement of the individual at risk under ch. 55,
24or the delivery of services to the elder adult at risk under s. 46.90 (5m); or that the
25respondent engaged in, or threatened to engage in, the abuse, financial exploitation,
1neglect, stalking, or harassment of an individual at risk or mistreatment of an
2animal.
AB279, s. 167
3Section
167. 813.123 (7) of the statutes, as affected by Wisconsin Acts 264 and
4388, is amended to read:
AB279,60,95
813.123
(7) Interference order. Any order under
or ch. 55 sub. (4) (ar) 1. or
62. or (5) (ar) 1. or 2. also shall prohibit the respondent from intentionally preventing
7a representative or employee of the county protective services agency from meeting,
8communicating, or being in visual or audio contact with the adult at risk, except as
9provided in the order.