SB153,33,2520
55.075
(1) Who may petition. The department, the county department or an
21agency with which the county department contracts under s. 55.02 (2), a guardian,
22or an interested person may file a petition for appointment of a guardian and for
23protective services or protective placement for an
the individual. The department
24shall provide for a schedule of reimbursement for the cost of the proceedings based
25upon the ability to pay of the proposed ward or individual to be protected.
SB153,34,83
55.075
(3) Petition for guardianship; review of incompetency. A petition for
4guardianship described in s. 55.08 (1) (b) or (2) (a) shall be heard prior to ordering
5protective placement or protective services. If the individual is
incompetent
6adjudicated
incompetent in this state more than 12 months before the filing of an
7application for protective placement or protective services on his or her behalf, the
8court shall review the finding of incompetency.
SB153,34,2011
55.075
(5) (a) A petition under sub. (1) shall be filed in the county of residence
12of the individual to be protected, as determined under s. 51.40 or by the individual's
13guardian or where the individual is physically present due to extraordinary
14circumstances including those specified under s. 51.22 (4). If an individual has not
15received services under this chapter or ch. 46 or 51 or if an individual has received
16services under this chapter or ch. 46 or 51 that have been terminated and has
17established residence in a county other than that in which the individual resided
18when the services were received, the court may determine the individual's county of
19residence. The county of residence under this paragraph is the county of
20responsibility.
SB153, s. 90
21Section
90. 55.075 (5) (bm) of the statutes is amended to read:
SB153,35,1122
55.075
(5) (bm) The court in which a petition is first filed under
par. (c) par. (a) 23shall determine venue. The court shall direct that proper notice be given to any
24potentially responsible or affected county. Proper notice is given to a potentially
25responsible or affected county if written notice of the proceeding is sent by certified
1mail to the county's clerk and corporation counsel. After all potentially responsible
2or affected counties and parties have been given an opportunity to be heard, the court
3shall determine that venue lies in the county in which the petition is filed under
par.
4(c) par. (a) or in another county, as appropriate. If the court determines that venue
5lies in another county, the court shall order the entire record certified to the proper
6court. A court in which a subsequent petition is filed shall, upon being satisfied of
7an earlier filing in another court, summarily dismiss the subsequent petition. If any
8potentially responsible or affected county or party objects to the court's finding of
9venue, the court may refer the issue to the department for a determination of the
10county of residence under s. 51.40 (2) (g) and may suspend ruling on the motion for
11change of venue until the determination under s. 51.40 (2) (g) is final.
SB153,35,1714
55.08
(1) (b) The individual is a minor who is not alleged to have a
15developmental disability and on whose behalf a petition for guardianship has been
16submitted, or is an adult who has been determined to be incompetent by a circuit
17court.
SB153,35,2420
55.08
(1) (c) As a result of developmental disability, degenerative brain
21disorder, serious and persistent mental illness, or other like incapacities, the
22individual is so totally incapable of providing for his or her own care or custody as
23to create a substantial risk of serious harm to himself or herself or others. Serious
24harm may be evidenced by overt acts or acts of omission.
SB153, s. 93
25Section
93. 55.08 (2) (a) of the statutes is amended to read:
SB153,36,4
155.08
(2) (a) The individual has been determined to be incompetent by a circuit
2court or is a minor who is alleged to
be developmentally disabled have a
3developmental disability and on whose behalf a petition for a guardianship has been
4submitted.
SB153, s. 94
5Section
94. 55.08 (2) (b) of the statutes is amended to read:
SB153,36,106
55.08
(2) (b) As a result of developmental
disabilities disability, degenerative
7brain disorder, serious and persistent mental illness, or other like incapacities, the
8individual will incur a substantial risk of physical harm or deterioration or will
9present a substantial risk of physical harm to others if protective services are not
10provided.
SB153,36,1913
55.09
(1) Notice to individual. Notice of a petition for protective placement
14or protective services shall be served upon the individual sought to be protected, by
15personal service, at least 10 days before the time set for a hearing. The person
16serving the notice shall inform the individual sought to be protected of the complete
17contents of the notice and shall return a certificate to the circuit judge verifying that
18the petition has been delivered and notice given. The notice shall include the names
19of all petitioners.
individual adjudicated for a determination of incompetency
SB153, s. 96
20Section
96. 55.10 (4) (intro.) of the statutes is amended to read:
SB153,36,2421
55.10
(4) Rights. (intro.)
The Sections 54.42, 54.44, and 54.46 and the 22following provisions apply to all hearings under this chapter except transfers of
23placement under s. 55.15 and summary hearings under ss. 55.18 (3) (d) and 55.19 (3)
24(d):
SB153, s. 97
25Section
97. 55.10 (4) (a) of the statutes is amended to read:
SB153,37,18
155.10
(4) (a)
Counsel; costs. The individual sought to be protected has the right
2to counsel whether or not the individual is present at the hearing on the petition.
3The court shall require representation by full legal counsel whenever the petition
4alleges that the individual is not competent to refuse psychotropic medication under
5s. 55.14, the individual sought to be protected requested such representation at least
672 hours before the hearing, the guardian ad litem or any other person states that
7the individual sought to be protected is opposed to the petition, or the court
8determines that the interests of justice require it. If the individual sought to be
9protected or any other person on his or her behalf requests but is unable to obtain
10legal counsel, the court shall appoint legal counsel. Counsel shall be provided at
11public expense, as provided under s. 967.06 and ch. 977, if the individual is indigent.
12If the individual sought to be protected is an adult who is indigent, and if counsel was
13not appointed under s. 977.08, the county in which the hearing is held is liable for
14any fees due the individual's legal counsel. If the individual sought to be protected
15is represented by counsel appointed under s. 977.08 in a proceeding for the
16appointment of a guardian under
s. 880.33 ch. 54, the court shall order the counsel
17appointed under s. 977.08 to represent under this section the individual sought to
18be protected.
SB153,38,1121
55.10
(4) (b)
Guardian ad litem; costs. The court shall in all cases require the
22appointment of an attorney as guardian ad litem in accordance with s. 757.48 (1).
23The responsibilities and duties of a guardian ad litem on behalf of a proposed ward
24or individual who is alleged incompetent specified in s. 54.40 apply to a guardian ad
25litem appointed in a proceeding for protective services or protective placement on
1behalf of an individual sought to be protected. If a guardian has been appointed for
2an individual who is the subject of a petition for court-ordered protective placement
3or protective services, the guardian ad litem shall interview the guardian. The
4guardian ad litem shall be present at all hearings under this chapter if the individual
5sought to be protected does not have full legal counsel. The court may, however,
6excuse a personal appearance by a guardian ad litem based on information contained
7in a written report by the guardian ad litem to the court. If the individual sought to
8be protected is an adult who is indigent, the county shall be liable for any fees due
9the guardian ad litem. If the individual sought to be protected is a minor, the minor's
10parents or the county in which the hearing is held shall be liable for any fees due the
11guardian ad litem as provided in s. 48.235 (8).
SB153,38,1814
55.11
(1) (c) A medical, psychological, social, vocational, and educational
15evaluation and review, if necessary, and any recommendations for or against
16maintenance of partial legal rights as provided in s. 54.25 (2). The evaluation and
17review shall include recommendations for the individual's placement that are
18consistent with the requirements of s. 55.12 (3), (4), and (5).
SB153, s. 100
19Section
100. 55.12 (6) of the statutes is amended to read:
SB153,39,620
55.12
(6) If the county department or agency with which it contracts under s.
2155.02 (2) proposes to provide protective placement to an individual who has a
22developmental disability in an intermediate facility or a nursing facility under an
23order under this section, the county department or agency, or, if s. 46.279 (4m) applies
24to the individual, the department or the department's contractor shall develop a plan
25under s. 46.279 (4) and furnish the plan to the county department or agency and to
1the individual's guardian. The county department or agency with which it contracts
2under s. 55.02 (2) shall
place provide protective placement to the individual in a
3noninstitutional community setting in accord with the plan unless the court finds
4that protective placement in the intermediate facility or nursing facility is the most
5integrated setting, as defined in s. 46.279 (1) (bm), that is appropriate to the needs
6of the individual, taking into account information presented by all affected parties.
SB153, s. 101
7Section
101. 55.13 (2) of the statutes is amended to read:
SB153,39,198
55.13
(2) If the county department or agency with which the county
9department contracts under s. 55.02 (2) that is providing emergency protective
10services to an individual under sub. (1) has reason to believe that the individual
11meets the criteria for protective services under s. 55.08 (2), the county department
12or agency may file a petition under s. 55.075. If a petition is filed, a preliminary
13hearing shall be held within 72 hours, excluding Saturdays, Sundays, and legal
14holidays, to establish probable cause that the criteria under s. 55.08 (2) are present.
15The county department or agency shall provide the individual with written notice
16and orally inform the individual of the time and place of the preliminary hearing.
17If the individual is not under guardianship, a petition for guardianship shall
18accompany the petition under s. 55.08 (2), except in the case of a minor who is alleged
19to
be developmentally disabled have a developmental disability.
SB153,40,1722
55.135
(1) If, from personal observation of, or a reliable report made by a person
23who identifies himself or herself to, a sheriff, police officer, fire fighter, guardian, if
24any, or authorized representative of a county department or an agency with which
25it contracts under s. 55.02 (2), it appears probable that an individual is so totally
1incapable of providing for his or her own care or custody as to create a substantial
2risk of serious physical harm to himself or herself or others as a result of
3developmental disability, degenerative brain disorder, serious and persistent mental
4illness, or other like incapacities if not immediately placed, the individual who
5personally made the observation or to whom the report is made may take into custody
6and transport the individual to an appropriate medical or protective placement
7facility. The person making emergency protective placement shall prepare a
8statement at the time of detention providing specific factual information concerning
9the person's observations or reports made to the person and the basis for emergency
10placement. The statement shall be filed with the director of the facility and with any
11petition under s. 55.075. At the time of emergency protective placement the
12individual shall be informed by the director of the facility or the director's designee,
13orally and in writing, of his or her right to contact an attorney and a member of his
14or her immediate family and the right to have an attorney provided at public
15expense, as provided under s. 967.06 and ch. 977, if the individual is a minor or is
16indigent. The director or designee shall also provide the individual with a copy of the
17statement by the person making emergency protective placement.
SB153, s. 103
18Section
103. 55.135 (4) of the statutes is amended to read:
SB153,41,519
55.135
(4) When an individual is detained under this section, a petition shall
20be filed under s. 55.075 by the person making the emergency protective placement
21and a preliminary hearing shall be held within 72 hours, excluding Saturdays,
22Sundays and legal holidays, to establish probable cause to believe the grounds for
23protective placement under s. 55.08 (1). The sheriff or other person making
24emergency protective placement under sub. (1) shall provide the individual with
25written notice and orally inform him or her of the time and place of the preliminary
1hearing. If the detainee is not under guardianship, a petition for guardianship shall
2accompany the protective placement petition, except in the case of a minor who is
3alleged to
be developmentally disabled have a developmental disability. In the event
4that protective placement is not appropriate, the court may elect to treat a petition
5for protective placement as a petition for commitment under s. 51.20 or 51.45 (13).
SB153, s. 104
6Section
104. 55.135 (5) of the statutes is amended to read:
SB153,41,187
55.135
(5) Upon finding probable cause under sub. (4), the court may order
8temporary protective placement up to 30 days pending the hearing for a permanent
9protective placement, or the court may order such protective services as may be
10required. If the court orders under this subsection an individual who has a
11developmental disability to receive temporary protective placement in an
12intermediate facility or in a nursing facility, and if at the hearing for permanent
13protective placement the court orders that the individual be
provide provided 14protective placement, the court may, before commencement of permanent protective
15placement, extend the temporary protective placement order for not more than 90
16days if necessary for the county department that is participating in the program
17under s. 46.278 or, if s. 46.279 (4m) applies, the department's contractor to develop
18the plan required under s. 46.279 (4).
SB153,41,2521
55.14
(1) (b) (intro.) "Not competent to refuse psychotropic medication" means
22that, as a result of developmental disability, degenerative brain disorder, serious and
23persistent mental illness, or other like incapacities, and after the advantages and
24disadvantages of and alternatives to accepting the particular psychotropic
25medication have been explained to an individual, one of the following is true:
SB153,42,53
55.14
(2) Involuntary administration of psychotropic medication, with consent
4of a guardian, may be ordered as a protective service only under the requirements
5of this section.
SB153,42,208
55.14
(3) (c) The individual has refused to take the psychotropic medication
9voluntarily or attempting to administer psychotropic medication to the individual
10voluntarily is not feasible or is not in the best interests of the individual. If the
11petition alleges that the individual has refused to take psychotropic medication
12voluntarily, the petition shall identify the reasons, if known, for the individual's
13refusal to take psychotropic medication voluntarily. The petition also shall provide
14evidence showing that a reasonable number of documented attempts to administer
15psychotropic medication voluntarily using appropriate interventions that could
16reasonably be expected to increase the individual's willingness to take psychotropic
17medication voluntarily have been made and have been unsuccessful. If the petition
18alleges that attempting to administer psychotropic medications to the individual
19voluntarily is not feasible or is not in the best interests of the individual, the petition
20shall identify specific reasons supporting that allegation.
SB153,43,223
55.14
(3) (e) (intro.) Unless psychotropic medication is administered
24involuntarily, the individual will incur a substantial probability of physical harm,
25impairment, injury, or debilitation or will present a substantial probability of
1physical harm to others. The substantial probability of physical harm, impairment,
2injury, or debilitation shall be evidenced by one of the following:
SB153,43,115
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).
SB153,43,1814
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.
SB153,44,321
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.
SB153,44,86
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.
SB153,44,2211
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.
SB153,45,18
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.
SB153,45,2221
55.14
(10) Nothing in this section prohibits the involuntary administration of
22psychotropic medication as an emergency protective service under s. 55.13.
SB153,46,3
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.
SB153, s. 117
4Section
117. 55.15 (2) of the statutes is amended to read:
SB153,46,105
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.
SB153, s. 118
11Section
118. 55.16 (3) (c) of the statutes is amended to read:
SB153,46,1212
55.16
(3) (c) The hearing shall be subject to s. 55.10
(4).
SB153, s. 119
13Section
119. 55.17 (1) of the statutes is amended to read:
SB153,46,2214
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.
SB153,47,9
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).
SB153, s. 121
10Section
121. 55.18 (1) (b) of the statutes is amended to read:
SB153,47,1811
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.
SB153, s. 122
19Section
122. 55.18 (2) (a) of the statutes is amended to read:
SB153,47,2220
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.
SB153, s. 123
23Section
123. 55.18 (2) (b) 6. of the statutes is amended to read:
SB153,48,3
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).
SB153, s. 124
4Section
124. 55.18 (2) (f) 4. of the statutes is amended to read:
SB153,48,75
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.
SB153, s. 125
8Section
125. 55.18 (3) (a) of the statutes is amended to read:
SB153,48,129
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).
SB153, s. 126
13Section
126. 55.18 (3) (d) (intro.) of the statutes is amended to read:
SB153,48,1914
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:
SB153,49,2
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:
SB153,49,185
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:
SB153,49,2221
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:
SB153,49,2423
a. Whether the individual continues to meet the standards for protective
24services.
SB153,50,2
1b. Whether the individual is not competent to refuse psychotropic medication,
2as defined in s. 55.14 (1) (b).
SB153,50,63
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).
SB153,50,97
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.