SB153: Bill Text

LRB-0122/1

DAK:cjs:jf

2007 - 2008 LEGISLATURE

2007 Senate BILL 153

April 19, 2007 - Introduced by Senators Olsen, Miller, Erpenbach, Roessler, Risser and Plale, cosponsored by Representatives Townsend, Jeskewitz, Hahn, M. Williams, Hines, Pridemore, Musser, Berceau, Strachota, Mursau, Petrowski, Sherman and Krusick. Referred to Committee on Judiciary and Corrections.

SB153,2,22 An Act to repeal 54.25 (4) (a), 54.40 (4) (am), 54.40 (4) (ar), 54.40 (4) (dm) and 146.40 (1) (am); to renumber and amend 54.25 (2) (d) 2. a. and 54.25 (4) (b); to consolidate and renumber 54.25 (2) (c) 4. and 5.; to amend 46.90 (1) (eg) 1., 46.90 (1) (eg) 2., 46.90 (1) (eg) 3., 46.90 (5m) (a), 46.90 (5m) (br) 2., 46.90 (6) (bt) 8., 48.368 (1), 48.415 (3) (a), 50.06 (2) (d) 3., 51.30 (4) (b) 17., 54.01 (13), 54.10 (3) (d), 54.15 (intro.), 54.15 (5), 54.15 (6), 54.19 (1), 54.19 (8), 54.25 (2) (b) 4., 54.25 (2) (d) 2. n., 54.40 (4) (c), 54.40 (4) (ds), 54.44 (1) (a), 54.44 (2), 54.44 (4) (title), 54.44 (4) (a), 54.44 (4) (b), 54.48, 54.52 (2), 54.62 (1) (title), 54.64 (3) (a), 54.93 (1) (b), 55.01 (1f), 55.01 (6p), 55.01 (6r) (k), 55.03 (3), 55.043 (1r) (a) 2., 55.043 (4) (am), 55.043 (4) (b) 1., 55.043 (6) (bt) 8., 55.075 (1), 55.075 (3), 55.075 (5) (bm), 55.08 (2) (a), 55.08 (2) (b), 55.09 (1), 55.10 (4) (intro.), 55.10 (4) (a), 55.12 (6), 55.13 (2), 55.135 (4), 55.135 (5), 55.15 (2), 55.16 (3) (c), 55.17 (1), 55.18 (1) (b), 55.18 (2) (a), 55.18 (2) (b) 6., 55.18 (2) (f) 4., 55.18 (3) (a), 55.18 (3) (d) (intro.), 55.195 (4), 55.195 (5), 55.195 (6), 560.9811 (1), 813.123 (2) (b), 813.123 (4) (ar) 1., 813.123 (5) (a) 3. b., 813.123 (5) (ar) 1., 813.123 (5) (c) 1., 813.123 (7) and 940.285 (1m); to repeal and recreate 46.21 (2m) (c), 46.215 (1m), 46.22 (1) (dm), 46.23 (3) (e), 46.286 (3) (a) 3., 49.001 (8), 50.06 (2) (c), 51.01 (5) (a), 51.01 (14t), 51.03 (3) (a) 6., 51.10 (8), 51.20 (7) (d) 1., 51.40 (2) (a) 1., 51.40 (2) (a) 2., 51.42 (3) (e), 51.437 (4r) (b), 54.01 (8), 54.25 (1) (a), 54.25 (1) (b) (intro.), 54.36 (1), 54.38 (2) (a), 54.40 (1), 54.42 (1) (a) (intro.), 54.42 (1) (c), 54.46 (3) (a), 54.75, 55.01 (1v), 55.01 (2), 55.01 (6v), 55.02, 55.03 (1), 55.043 (1r) (b) 2., 55.043 (1r) (c) 2. c., 55.043 (4) (b) 2., 55.055 (1) (a), 55.055 (1) (b), 55.055 (3) (c), 55.06, 55.075 (5) (a), 55.08 (1) (b), 55.08 (1) (c), 55.10 (4) (b), 55.11 (1) (c), 55.135 (1), 55.14 (1) (b) (intro.), 55.14 (2), 55.14 (3) (c), 55.14 (3) (e) (intro.), 55.14 (3) (e) 1., 55.14 (5), 55.14 (6), 55.14 (7), 55.14 (8) (a), 55.14 (9), 55.14 (10), 55.14 (11), 55.175, 55.19 (intro.), 55.19 (1) (a) (intro.), 55.19 (1) (a) 1., 55.19 (1) (b), 55.19 (1) (bm), 55.19 (1) (c), 55.19 (1m), 55.19 (2) (b) 3., 55.19 (2) (b) 5., 55.19 (2) (b) 6., 55.19 (2) (c), 55.19 (2) (f) 4., 55.19 (2) (g), 55.19 (3) (b) (intro.), 55.19 (3) (bm), 55.19 (3) (br), 55.19 (3) (d) (intro.), 55.19 (3) (e) 1., 55.19 (3) (e) 2., 55.19 (3) (e) 3., 55.195 (intro.), 55.22 (2), 146.82 (2) (a) 7., 609.65 (1) (intro.), 757.69 (1) (h), 813.123 (3) (b), 813.123 (4) (a) (intro.), 813.123 (4) (a) 2. a., 813.123 (5) (a) (intro.) and 813.123 (6) (c); and to create 54.44 (5), 54.44 (5m) (title), 940.295 (1) (cr) and 940.295 (1) (hr) of the statutes; relating to: protective placements and protective services; involuntary administration of psychotropic medication; guardianships, conservatorships, and wards; and services for adults at risk and elder 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:

SB153, s. 1 Section 1. 46.21 (2m) (c) of the statutes, as affected by 2005 Wisconsin Acts 264 and 388, is repealed and recreated to read:

SB153,3,18 46.21 (2m) (c) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7) and 253.07 (3) (c), a subunit of a county department of human services or tribal agency acting under this subsection may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of human services or tribal agency, with a resource center, a care management organization, or a family care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person providing services to the client under a purchase of services contract with the county department of human services or tribal agency or with a resource center, a care management organization, or a family care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of human services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this paragraph shall document that a request for information was received and what information was provided.

SB153, s. 2 Section 2. 46.215 (1m) of the statutes, as affected by 2005 Wisconsin Acts 264, 388 and 406, is repealed and recreated to read:

SB153,4,19 46.215 (1m) Exchange of information; long-term care. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a subunit of a county department of social services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of social services or tribal agency, with a resource center, a care management organization, or a family care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person providing services to the client under a purchase of services contract with the county department of social services or tribal agency or with a resource center, a care management organization, or a family care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of social services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this subsection shall document that a request for information was received and what information was provided.

SB153, s. 3 Section 3. 46.22 (1) (dm) of the statutes, as affected by 2005 Wisconsin Acts 264, 388 and 406, is repealed and recreated to read:

SB153,5,13 46.22 (1) (dm) Exchange of information; long-term care. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a subunit of a county department of social services or tribal agency acting under this subsection may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of social services or tribal agency, with a resource center, a care management organization, or a family care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person providing services to the client under a purchase of services contract with the county department of social services or tribal agency or with a resource center, a care management organization, or a family care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of social services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this paragraph shall document that a request for information was received and what information was provided.

SB153, s. 4 Section 4. 46.23 (3) (e) of the statutes, as affected by 2005 Wisconsin Acts 264, 388 and 406, is repealed and recreated to read:

SB153,6,7 46.23 (3) (e) Exchange of information; long-term care. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a subunit of a county department of human services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of human services or tribal agency, with a resource center, a care management organization, or a family care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person providing services to the client under a purchase of services contract with the county department of human services or tribal agency or with a resource center, a care management organization, or a family care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of human services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this paragraph shall document that a request for information was received and what information was provided.

SB153, s. 5 Section 5. 46.286 (3) (a) 3. of the statutes, as affected by 2005 Wisconsin Acts 264 and 388, is repealed and recreated to read:

SB153,6,13 46.286 (3) (a) 3. Is functionally eligible at the intermediate level and is determined by an elder-adult-at-risk agency under s. 46.90 (2) or an adult-at-risk agency designated under s. 55.043 (1d) to be in need of protective services or protective placement under ch. 55.

SB153, s. 6 Section 6. 46.90 (1) (eg) 1. of the statutes is amended to read:

SB153,6,15 46.90 (1) (eg) 1. A guardian of the estate appointed under s. 880.03 s. 54.10.

SB153, s. 7 Section 7. 46.90 (1) (eg) 2. of the statutes is amended to read:

SB153,6,17 46.90 (1) (eg) 2. A conservator appointed under s. 880.31 s. 54.76.

SB153, s. 8 Section 8. 46.90 (1) (eg) 3. of the statutes is amended to read:

SB153,6,20 46.90 (1) (eg) 3. An agent under a financial power of attorney under s. 243.07 ch. 243.

SB153, s. 9 Section 9. 46.90 (5m) (a) of the statutes is amended to read:

SB153,7,8 46.90 (5m) (a) Upon responding to a report, the elder-adult-at-risk agency or the investigative agency shall determine whether the elder adult at risk or any other individual involved in the alleged abuse, financial exploitation, neglect, or self-neglect is in need of services under this chapter or ch. 47, 49, 51, 55 or 880 ch. 47, 49, 51, 54, or 55. From the appropriation under s. 20.435 (7) (dh), the department shall allocate to selected counties not less than $25,000 in each fiscal year, and within the limits of these funds and of available state and federal funds and of county funds appropriated to match the state and federal funds, the elder-adult-at-risk agency shall provide the necessary direct services to the elder adult at risk or other individual or arrange for the provision of the direct services with other agencies or individuals. Those direct services provided shall be rendered under the least restrictive conditions necessary to achieve their objective.

SB153, s. 10 Section 10. 46.90 (5m) (br) 2. of the statutes is amended to read:

SB153,7,13 46.90 (5m) (br) 2. Take appropriate emergency action, including emergency protective placement under s. 55.06 s. 55.135, if the elder-adult-at-risk agency determines that the emergency action is in the best interests of the elder adult at risk and the emergency action is the least restrictive appropriate intervention.

SB153, s. 11 Section 11. 46.90 (6) (bt) 8. of the statutes is amended to read:

SB153,7,18 46.90 (6) (bt) 8. To the attorney or guardian ad litem for the elder adult at risk who is the alleged victim named in the record, to assist in preparing for any proceeding under ch. 48, 51, 55, 813, 880, 971, or 975 ch. 48, 51, 54, 55, 813, 971, or 975 pertaining to the alleged victim.

SB153, s. 12 Section 12. 48.368 (1) of the statutes is amended to read:

SB153,8,2 48.368 (1) If a petition for termination of parental rights is filed under s. 48.41 or 48.415 or an appeal from a judgment terminating or denying termination of parental rights is filed during the year in which a dispositional order under s. 48.355, an extension order under s. 48.365, a voluntary agreement for placement of the child under s. 48.63, or a guardianship order under ch. 880, 2003 stats., or s. 48.977 or ch. 880 ch. 54 is in effect, the dispositional or extension order, voluntary agreement, or guardianship order shall remain in effect until all proceedings related to the filing of the petition or an appeal are concluded.

SB153, s. 13 Section 13. 48.415 (3) (a) of the statutes is amended to read:

SB153,8,10 48.415 (3) (a) The parent is presently, and for a cumulative total period of at least 2 years within the 5 years immediately prior to the filing of the petition has been, an inpatient at one or more hospitals as defined in s. 50.33 (2) (a), (b) or (c), licensed treatment facilities as defined in s. 51.01 (2) or state treatment facilities as defined in s. 51.01 (15) on account of mental illness as defined in s. 51.01 (13) (a) or (b) or, developmental disability as defined in s. 55.01 (2), or other like incapacities, as defined in s. 55.01 (5);

SB153, s. 14 Section 14. 49.001 (8) of the statutes, as affected by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB153,8,15 49.001 (8) "Voluntary" means according to an individual's free choice, if competent, or by choice of his or her guardian if the individual is adjudicated incompetent.

SB153, s. 15 Section 15. 50.06 (2) (c) of the statutes, as affected by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB153,8,20 50.06 (2) (c) A petition for guardianship for the individual under s. 54.34 and a petition under s. 55.075 for protective placement of the individual are filed prior to the proposed admission.

SB153, s. 16 Section 16. 50.06 (2) (d) 3. of the statutes is amended to read:

SB153,9,2 50.06 (2) (d) 3. Comply with s. 55.135 if the requirements of s. 55.135 (1) are met and emergency protective placement in that facility or another facility is necessary or file a petition for protective placement under s. 55.075. The court, with the permission of the facility, may order the incapacitated individual to remain in the facility pending the outcome of the protective placement proceedings.

SB153, s. 17 Section 17. 51.01 (5) (a) of the statutes, as affected by 2005 Wisconsin Acts 264, 387 and 388, is repealed and recreated to read:

SB153,9,12 51.01 (5) (a) "Developmental disability" means a disability attributable to brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, mental retardation, or another neurological condition closely related to mental retardation or requiring treatment similar to that required for individuals with mental retardation, which has continued or can be expected to continue indefinitely and constitutes a substantial handicap to the afflicted individual. "Developmental disability" does not include dementia that is primarily caused by degenerative brain disorder.

SB153, s. 18 Section 18. 51.01 (14t) of the statutes, as affected by 2005 Wisconsin Acts 264, 387 and 388, is repealed and recreated to read:

SB153,9,23 51.01 (14t) "Serious and persistent mental illness" means a mental illness that is severe in degree and persistent in duration, that causes a substantially diminished level of functioning in the primary aspects of daily living and an inability to cope with the ordinary demands of life, that may lead to an inability to maintain stable adjustment and independent functioning without long-term treatment and support, and that may be of lifelong duration. "Serious and persistent mental illness" includes schizophrenia as well as a wide spectrum of psychotic and other severely disabling psychiatric diagnostic categories, but does not include degenerative brain disorder or a primary diagnosis of a developmental disability or of alcohol or drug dependence.

SB153, s. 19 Section 19. 51.03 (3) (a) 6. of the statutes, as affected by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB153,10,3 51.03 (3) (a) 6. The number of individuals authorized to consent to involuntary administration of psychotropic medication under s. 55.14 (8) or for whom guardians were appointed under s. 880.33 (4m), 2003 stats.

SB153, s. 20 Section 20. 51.10 (8) of the statutes, as affected by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB153,10,10 51.10 (8) An adult for whom, because of incompetency, a guardian of the person has been appointed in this state may be voluntarily admitted to an inpatient treatment facility if the guardian consents after the requirements of sub. (4m) (a) 1. are satisfied or if the guardian and the ward consent to the admission under this section.