LRB-0121/1
DAK:cjs:nwn
2007 - 2008 LEGISLATURE
April 23, 2007 - Introduced by Representatives Townsend, Jeskewitz, Hahn, M.
Williams, Hines, Pridemore, Musser, Berceau, Strachota, Mursau,
Petrowski, Sherman and
Krusick, cosponsored by Senators Olsen, Miller,
Erpenbach, Roessler, Risser and Plale. Referred to Committee on Aging and
Long Term Care.
AB279,2,22
1An Act to repeal 54.25 (4) (a), 54.40 (4) (am), 54.40 (4) (ar), 54.40 (4) (dm) and
2146.40 (1) (am);
to renumber and amend 54.25 (2) (d) 2. a. and 54.25 (4) (b);
3to consolidate and renumber 54.25 (2) (c) 4. and 5.;
to amend 46.90 (1) (eg)
41., 46.90 (1) (eg) 2., 46.90 (1) (eg) 3., 46.90 (5m) (a), 46.90 (5m) (br) 2., 46.90 (6)
5(bt) 8., 48.368 (1), 48.415 (3) (a), 50.06 (2) (d) 3., 51.30 (4) (b) 17., 54.01 (13), 54.10
6(3) (d), 54.15 (intro.), 54.15 (5), 54.15 (6), 54.19 (1), 54.19 (8), 54.25 (2) (b) 4.,
754.25 (2) (d) 2. n., 54.40 (4) (c), 54.40 (4) (ds), 54.44 (1) (a), 54.44 (2), 54.44 (4)
8(title), 54.44 (4) (a), 54.44 (4) (b), 54.48, 54.52 (2), 54.62 (1) (title), 54.64 (3) (a),
954.93 (1) (b), 55.01 (1f), 55.01 (6p), 55.01 (6r) (k), 55.03 (3), 55.043 (1r) (a) 2.,
1055.043 (4) (am), 55.043 (4) (b) 1., 55.043 (6) (bt) 8., 55.075 (1), 55.075 (3), 55.075
11(5) (bm), 55.08 (2) (a), 55.08 (2) (b), 55.09 (1), 55.10 (4) (intro.), 55.10 (4) (a), 55.12
12(6), 55.13 (2), 55.135 (4), 55.135 (5), 55.15 (2), 55.16 (3) (c), 55.17 (1), 55.18 (1)
13(b), 55.18 (2) (a), 55.18 (2) (b) 6., 55.18 (2) (f) 4., 55.18 (3) (a), 55.18 (3) (d) (intro.),
1455.195 (4), 55.195 (5), 55.195 (6), 560.9811 (1), 813.123 (2) (b), 813.123 (4) (ar)
11., 813.123 (5) (a) 3. b., 813.123 (5) (ar) 1., 813.123 (5) (c) 1., 813.123 (7) and
2940.285 (1m);
to repeal and recreate 46.21 (2m) (c), 46.215 (1m), 46.22 (1)
3(dm), 46.23 (3) (e), 46.286 (3) (a) 3., 49.001 (8), 50.06 (2) (c), 51.01 (5) (a), 51.01
4(14t), 51.03 (3) (a) 6., 51.10 (8), 51.20 (7) (d) 1., 51.40 (2) (a) 1., 51.40 (2) (a) 2.,
551.42 (3) (e), 51.437 (4r) (b), 54.01 (8), 54.25 (1) (a), 54.25 (1) (b) (intro.), 54.36
6(1), 54.38 (2) (a), 54.40 (1), 54.42 (1) (a) (intro.), 54.42 (1) (c), 54.46 (3) (a), 54.75,
755.01 (1v), 55.01 (2), 55.01 (6v), 55.02, 55.03 (1), 55.043 (1r) (b) 2., 55.043 (1r)
8(c) 2. c., 55.043 (4) (b) 2., 55.055 (1) (a), 55.055 (1) (b), 55.055 (3) (c), 55.06, 55.075
9(5) (a), 55.08 (1) (b), 55.08 (1) (c), 55.10 (4) (b), 55.11 (1) (c), 55.135 (1), 55.14 (1)
10(b) (intro.), 55.14 (2), 55.14 (3) (c), 55.14 (3) (e) (intro.), 55.14 (3) (e) 1., 55.14 (5),
1155.14 (6), 55.14 (7), 55.14 (8) (a), 55.14 (9), 55.14 (10), 55.14 (11), 55.175, 55.19
12(intro.), 55.19 (1) (a) (intro.), 55.19 (1) (a) 1., 55.19 (1) (b), 55.19 (1) (bm), 55.19
13(1) (c), 55.19 (1m), 55.19 (2) (b) 3., 55.19 (2) (b) 5., 55.19 (2) (b) 6., 55.19 (2) (c),
1455.19 (2) (f) 4., 55.19 (2) (g), 55.19 (3) (b) (intro.), 55.19 (3) (bm), 55.19 (3) (br),
1555.19 (3) (d) (intro.), 55.19 (3) (e) 1., 55.19 (3) (e) 2., 55.19 (3) (e) 3., 55.195
16(intro.), 55.22 (2), 146.82 (2) (a) 7., 609.65 (1) (intro.), 757.69 (1) (h), 813.123 (3)
17(b), 813.123 (4) (a) (intro.), 813.123 (4) (a) 2. a., 813.123 (5) (a) (intro.) and
18813.123 (6) (c); and
to create 54.44 (5), 54.44 (5m) (title), 940.295 (1) (cr) and
19940.295 (1) (hr) of the statutes;
relating to: protective placements and
20protective services; involuntary administration of psychotropic medication;
21guardianships, conservatorships, and wards; and services for adults at risk and
22elder adults at risk.
Analysis by the Legislative Reference Bureau
With respect to the laws relating to protective placements and protective
services, involuntary administration of psychotropic medication, guardianships,
conservatorships, wards, and services for adults at risk and elder adults at risk, this
bill reconciles
2005 Wisconsin Acts 264,
387, and
388, as to provisions that were
mutually inconsistent and therefore could not be reconciled by the revisor of statutes
in preparing the statutes. The bill makes numerous and diverse minor changes to
correct incorrect cross-references, to align inconsistent provisions, to give effect to
certain provisions superceded by subsequent acts, and to make more uniform the
definitions of "developmental disability," "degenerative brain disorder," "serious and
persistent mental illness," and "voluntary."
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB279,3,183
46.21
(2m) (c)
Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78
4(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7) and 253.07
5(3) (c), a subunit of a county department of human services or tribal agency acting
6under this subsection may exchange confidential information about a client, without
7the informed consent of the client, with any other subunit of the same county
8department of human services or tribal agency, with a resource center, a care
9management organization, or a family care district, with an elder-adult-at-risk
10agency, an adult-at-risk agency, or any agency to which referral for investigation is
11made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person providing services
12to the client under a purchase of services contract with the county department of
13human services or tribal agency or with a resource center, a care management
14organization, or a family care district, if necessary to enable an employee or service
15provider to perform his or her duties, or to enable the county department of human
16services or tribal agency to coordinate the delivery of services to the client. An agency
17that releases information under this paragraph shall document that a request for
18information was received and what information was provided.
AB279,4,193
46.215
(1m) Exchange of information; long-term care. Notwithstanding ss.
446.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82,
5252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a subunit of a county department of social
6services or tribal agency acting under this section may exchange confidential
7information about a client, without the informed consent of the client, with any other
8subunit of the same county department of social services or tribal agency, with a
9resource center, a care management organization, or a family care district, with an
10elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral
11for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person
12providing services to the client under a purchase of services contract with the county
13department of social services or tribal agency or with a resource center, a care
14management organization, or a family care district, if necessary to enable an
15employee or service provider to perform his or her duties, or to enable the county
16department of social services or tribal agency to coordinate the delivery of services
17to the client. An agency that releases information under this subsection shall
18document that a request for information was received and what information was
19provided.
AB279,5,1322
46.22
(1) (dm)
Exchange of information; long-term care. Notwithstanding ss.
2346.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82,
24252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a subunit of a county department of social
25services or tribal agency acting under this subsection may exchange confidential
1information about a client, without the informed consent of the client, with any other
2subunit of the same county department of social services or tribal agency, with a
3resource center, a care management organization, or a family care district, with an
4elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral
5for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person
6providing services to the client under a purchase of services contract with the county
7department of social services or tribal agency or with a resource center, a care
8management organization, or a family care district, if necessary to enable an
9employee or service provider to perform his or her duties, or to enable the county
10department of social services or tribal agency to coordinate the delivery of services
11to the client. An agency that releases information under this paragraph shall
12document that a request for information was received and what information was
13provided.
AB279,6,716
46.23
(3) (e)
Exchange of information; long-term care. Notwithstanding ss.
1746.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82,
18252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a subunit of a county department of
19human services or tribal agency acting under this section may exchange confidential
20information about a client, without the informed consent of the client, with any other
21subunit of the same county department of human services or tribal agency, with a
22resource center, a care management organization, or a family care district, with an
23elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral
24for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person
25providing services to the client under a purchase of services contract with the county
1department of human services or tribal agency or with a resource center, a care
2management organization, or a family care district, if necessary to enable an
3employee or service provider to perform his or her duties, or to enable the county
4department of human services or tribal agency to coordinate the delivery of services
5to the client. An agency that releases information under this paragraph shall
6document that a request for information was received and what information was
7provided.
AB279,6,1310
46.286
(3) (a) 3. Is functionally eligible at the intermediate level and is
11determined by an elder-adult-at-risk agency under s. 46.90 (2) or an adult-at-risk
12agency designated under s. 55.043 (1d) to be in need of protective services or
13protective placement under ch. 55.
AB279, s. 6
14Section
6. 46.90 (1) (eg) 1. of the statutes is amended to read:
AB279,6,1515
46.90
(1) (eg) 1. A guardian of the estate appointed under
s. 880.03 s. 54.10.
AB279, s. 7
16Section
7. 46.90 (1) (eg) 2. of the statutes is amended to read:
AB279,6,1717
46.90
(1) (eg) 2. A conservator appointed under
s. 880.31 s. 54.76.
AB279, s. 8
18Section
8. 46.90 (1) (eg) 3. of the statutes is amended to read:
AB279,6,2019
46.90
(1) (eg) 3. An agent under a
financial power of attorney under
s. 243.07 20ch. 243.
AB279, s. 9
21Section
9. 46.90 (5m) (a) of the statutes is amended to read:
AB279,7,822
46.90
(5m) (a) Upon responding to a report, the elder-adult-at-risk agency or
23the investigative agency shall determine whether the elder adult at risk or any other
24individual involved in the alleged abuse, financial exploitation, neglect, or
25self-neglect is in need of services under this chapter or
ch. 47, 49, 51, 55 or 880 ch.
147, 49, 51, 54, or 55. From the appropriation under s. 20.435 (7) (dh), the department
2shall allocate to selected counties not less than $25,000 in each fiscal year, and within
3the limits of these funds and of available state and federal funds and of county funds
4appropriated to match the state and federal funds, the elder-adult-at-risk agency
5shall provide the necessary direct services to the elder adult at risk or other
6individual or arrange for the provision of the direct services with other agencies or
7individuals. Those direct services provided shall be rendered under the least
8restrictive conditions necessary to achieve their objective.
AB279, s. 10
9Section
10. 46.90 (5m) (br) 2. of the statutes is amended to read:
AB279,7,1310
46.90
(5m) (br) 2. Take appropriate emergency action, including emergency
11protective placement under
s. 55.06 s. 55.135, if the elder-adult-at-risk agency
12determines that the emergency action is in the best interests of the elder adult at risk
13and the emergency action is the least restrictive appropriate intervention.
AB279, s. 11
14Section
11. 46.90 (6) (bt) 8. of the statutes is amended to read:
AB279,7,1815
46.90
(6) (bt) 8. To the attorney or guardian ad litem for the elder adult at risk
16who is the alleged victim named in the record, to assist in preparing for any
17proceeding under
ch. 48, 51, 55, 813, 880, 971, or 975
ch. 48, 51, 54, 55, 813, 971, or
18975 pertaining to the alleged victim.
AB279, s. 12
19Section
12. 48.368 (1) of the statutes is amended to read:
AB279,8,220
48.368
(1) If a petition for termination of parental rights is filed under s. 48.41
21or 48.415 or an appeal from a judgment terminating or denying termination of
22parental rights is filed during the year in which a dispositional order under s. 48.355,
23an extension order under s. 48.365, a voluntary agreement for placement of the child
24under s. 48.63, or a guardianship order under
ch. 880, 2003 stats., or s. 48.977 or
ch.
25880 ch. 54 is in effect, the dispositional or extension order, voluntary agreement, or
1guardianship order shall remain in effect until all proceedings related to the filing
2of the petition or an appeal are concluded.
AB279, s. 13
3Section
13. 48.415 (3) (a) of the statutes is amended to read:
AB279,8,104
48.415
(3) (a) The parent is presently, and for a cumulative total period of at
5least 2 years within the 5 years immediately prior to the filing of the petition has
6been, an inpatient at one or more hospitals as defined in s. 50.33 (2) (a), (b) or (c),
7licensed treatment facilities as defined in s. 51.01 (2) or state treatment facilities as
8defined in s. 51.01 (15) on account of mental illness as defined in s. 51.01 (13) (a) or
9(b)
or, developmental disability as defined in s. 55.01 (2)
, or
other like incapacities,
10as defined in s. 55.01 (5);
AB279,8,1513
49.001
(8) "Voluntary" means according to an individual's free choice, if
14competent, or by choice of his or her guardian if the individual is adjudicated
15incompetent.
AB279,8,2018
50.06
(2) (c) A petition for guardianship for the individual under s. 54.34 and
19a petition under s. 55.075 for protective placement of the individual are filed prior
20to the proposed admission.
AB279, s. 16
21Section
16. 50.06 (2) (d) 3. of the statutes is amended to read:
AB279,9,222
50.06
(2) (d) 3. Comply with s. 55.135 if the requirements of s. 55.135 (1) are
23met and emergency protective placement in that facility or another facility is
24necessary
or file a petition for protective placement under s. 55.075. The court, with
1the permission of the facility, may order the incapacitated individual to remain in the
2facility pending the outcome of the protective placement proceedings.
AB279,9,125
51.01
(5) (a) "Developmental disability" means a disability attributable to
6brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, mental
7retardation, or another neurological condition closely related to mental retardation
8or requiring treatment similar to that required for individuals with mental
9retardation, which has continued or can be expected to continue indefinitely and
10constitutes a substantial handicap to the afflicted individual. "Developmental
11disability" does not include dementia that is primarily caused by degenerative brain
12disorder.
AB279,9,2315
51.01
(14t) "Serious and persistent mental illness" means a mental illness that
16is severe in degree and persistent in duration, that causes a substantially diminished
17level of functioning in the primary aspects of daily living and an inability to cope with
18the ordinary demands of life, that may lead to an inability to maintain stable
19adjustment and independent functioning without long-term treatment and support,
20and that may be of lifelong duration. "Serious and persistent mental illness" includes
21schizophrenia as well as a wide spectrum of psychotic and other severely disabling
22psychiatric diagnostic categories, but does not include degenerative brain disorder
23or a primary diagnosis of a developmental disability or of alcohol or drug dependence.
AB279,10,3
151.03
(3) (a) 6. The number of individuals authorized to consent to involuntary
2administration of psychotropic medication under s. 55.14 (8) or for whom guardians
3were appointed under s. 880.33 (4m), 2003 stats.
AB279,10,106
51.10
(8) An adult for whom, because of incompetency, a guardian of the person
7has been appointed in this state may be voluntarily admitted to an inpatient
8treatment facility if the guardian consents after the requirements of sub. (4m) (a) 1.
9are satisfied or if the guardian and the ward consent to the admission under this
10section.
AB279,11,513
51.20
(7) (d) 1. If the court determines after hearing that there is probable cause
14to believe that the subject individual is a fit subject for guardianship and protective
15placement or services, the court may, without further notice, appoint a temporary
16guardian for the subject individual and order temporary protective placement or
17services under ch. 55 for a period not to exceed 30 days, and shall proceed as if
18petition had been made for guardianship and protective placement or services. If the
19court orders only temporary protective services for a subject individual under this
20paragraph, the individual shall be provided care only on an outpatient basis. The
21court may order the involuntary administration of psychotropic medication as a
22temporary protective service under this paragraph if it finds that there is probable
23cause to believe that the allegations under s. 55.14 (3) (e) apply, that the individual
24is not competent to refuse psychotropic medication and that the medication ordered
25will have therapeutic value and will not unreasonably impair the ability of the
1individual to prepare for and participate in subsequent legal proceedings. An
2individual is not competent to refuse psychotropic medication if, because of serious
3and persistent mental illness, and after the advantages and disadvantages of and
4alternatives to accepting the particular psychotropic medication have been
5explained to the individual, one of the following is true:
AB279,11,76
a. The individual is incapable of expressing an understanding of the
7advantages and disadvantages of accepting treatment and the alternatives.
AB279,11,118
b. The individual is substantially incapable of applying an understanding of
9the advantages, disadvantages and alternatives to his or her serious and persistent
10mental illness in order to make an informed choice as to whether to accept or refuse
11psychotropic medication.
AB279, s. 22
12Section
22. 51.30 (4) (b) 17. of the statutes is amended to read:
AB279,11,2213
51.30
(4) (b) 17. To the elder-adult-at-risk agency designated under s. 46.90
14(2) or other investigating agency under s. 46.90 for the purposes of s. 46.90 (4) and
15(5), to the county department as defined in s. 48.02 (2g) or the sheriff or police
16department for the purposes of s. 48.981 (2) and (3), or to the adult-at-risk agency
17designated under
s. 55.02 s. 55.043 (1d) for purposes of s. 55.043. The treatment
18record holder may release treatment record information by initiating contact with
19the elder-adult-at-risk agency, adult-at-risk agency, or county department, as
20defined in s. 48.02 (2g), without first receiving a request for release of the treatment
21record from the elder-adult-at-risk agency, adult-at-risk agency, or county
22department.
AB279,12,13
151.40
(2) (a) 1. `Commitment or protective placement or protective services.'
2If an individual is under a court order of commitment under this chapter or protective
3placement or protective services under s. 55.06, 2003 stats., or s. 55.12, the individual
4remains a resident of the county in which he or she has residence at the time the
5initial commitment or initial order for protective placement or protective services is
6made. If the court makes no specific finding of a county of residence, the individual
7is a resident of the county in which the court is located. After notice, including notice
8to the corporation counsel of each affected county by certified mail, after opportunity
9to be heard has been provided to all affected counties and parties, and if there is no
10objection, the court may make a specific finding of a county of residence. If any
11affected county or party objects to the court's proposed finding, the county or party
12may request the department to make a determination under par. (g). Any transfer
13of venue may be suspended until the department's determination is final.
AB279,13,516
51.40
(2) (a) 2. `Placement by a county.' Except for the provision of emergency
17services under s. 51.15, 51.42 (1) (b), 51.437 (4) (c), or 51.45 (11) and (12), emergency
18protective services under s. 55.13, or emergency protective placement under s.
1955.135, if a county department or an agency of a county department places or makes
20arrangements for placement of the individual into a facility, the individual is a
21resident of the county of that county department. Any agency of the county
22department is deemed to be acting on behalf of the county department in placing or
23making arrangements for placement. Placement of an individual by a county
24department or an agency of a county department in a facility outside the jurisdiction
25of the county department or agency does not transfer the individual's legal residence
1to the county in which the facility is located. If a resident of a county is physically
2present in another county and is in need of immediate care, the county in which the
3individual is present may provide for his or her immediate needs under s. 51.15,
451.20, 51.42 (1) (b), 51.437 (4) (c), or 51.45 (11) or (12), or ch. 54 or 55, without
5becoming the individual's county of residence.
AB279, s. 25
6Section
25. 51.42 (3) (e) of the statutes, as affected by Wisconsin Acts 264 and
7388, is repealed and recreated to read: