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LRB-2698/1
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2011 - 2012 LEGISLATURE
March 15, 2012 - Introduced by Senator Risser. Referred to Committee on Senate
Organization.
SB577,2,2 1An Act to repeal 55.01 (2r) and 55.175; to renumber and amend 55.09 (2),
255.10 (2), 55.12 (4), 55.15 (2), 55.15 (7) (d) and 55.195; to consolidate,
3renumber and amend
55.01 (6r) (intro.) and (k); to amend 55.01 (6y), 55.043
4(1r) (b) 5., 55.05 (2) (intro.), 55.055 (1) (a), 55.06, 55.075 (1), 55.075 (4) (b), 55.075
5(5) (a), 55.075 (5) (b), 55.075 (5) (bm), 55.08 (1) (b), 55.08 (2) (a), 55.08 (2) (b),
655.10 (3), 55.11 (1) (intro.), 55.11 (3), 55.11 (4), 55.12 (1), 55.12 (2), 55.12 (3),
755.12 (5), 55.12 (6), 55.13 (1), 55.13 (2), 55.135 (1), 55.135 (4), 55.135 (6), 55.14
8(8) (a), 55.14 (9), 55.14 (11), 55.15 (1), 55.15 (3), 55.15 (7) (b), 55.15 (7) (c), 55.15
9(8) (b), 55.16 (2) (a), 55.16 (4) (a) and (b), 55.17 (1), 55.17 (3) (c) 2., 55.17 (3) (c)
103., 55.18 (1) (a) 3., 55.18 (1) (ar), 55.18 (1) (c), 55.18 (2) (f) (intro.) and 55.18 (3)
11(e) 2.; and to create 55.01 (3), 55.01 (4) (d), 55.01 (4k), 55.01 (4p), 55.01 (6r)
12(km), 55.09 (2) (am) 10., 55.09 (2) (bm), 55.10 (2) (d), 55.12 (11), 55.13 (6), 55.15
13(2) (a), (b), (c), (d) and (e), 55.15 (7) (d) 1., 2., 3., 4., 5. and 6., 55.17 (1m), 55.18

1(1) (a) 1. h., 55.18 (3) (e) 1m. and 55.18 (3) (f) 5. of the statutes; relating to:
2protective placement.
Analysis by the Legislative Reference Bureau
This bill makes various changes to the laws of protective placement and
protective services, including all of the following:
1. The bill defines for purposes of protective placement and protective services
a guardian, in the context of the exercise of a specific right or power, as a temporary
or permanent guardian of the person, or a temporary or permanent guardian of the
estate, who has been granted the authority to exercise that right or power on behalf
of the ward.
2. Under current law, protective services are defined as a list of services. The
bill specifies that protective services are any services that, when provided to an
individual with developmental disabilities, degenerative brain disorder, serious and
persistent mental illness, or other like incapacity, keep the individual safe from
abuse, financial exploitation, neglect, or self-neglect or prevent the individual from
experiencing deterioration or from inflicting harm on himself or herself or another
person, including services such as outreach, counseling, and referral for services,
case management, and diagnostic evaluation.
3. The bill makes various changes to the determination of venue and county of
responsibility for a petition for protective services or protective placement.
4. The bill includes, for an individual receiving the family care benefit, the care
management organization in which the individual is enrolled to receive the family
care benefit as an interested person and for other purposes such as receiving notice
of a petition for protective services or placement and notice of the time and place of
a hearing about protective placement or protective services and having the right to
attend a transfer of placement hearing and present and examine witnesses at that
hearing. An aging and disability resource center and a care management
organization administering the family care benefit, or an organization responsible
for administering or providing benefits or services under a long-term care program,
is required to comply with all court orders regarding an individual to whom the
center or organization provides services to ensure that the individual is placed in the
least restrictive environment and receives services in the least restrictive manner
consistent with the individual's needs.
5. Under current law, a hearing on protective services or protective placement
is required to be open, unless the individual sought to be protected, or his or her
attorney, requests the hearing be closed. In a closed hearing, only persons in interest,
including representatives of providers of service and their attorneys and witnesses,
may be present. The bill requires that the hearing be closed, unless the individual
sought to be protected, or his or her attorney, requests the hearing be open.
6. Under current law, emergency protective services may be provided for not
more than 72 hours when there is reason to believe that, if the emergency protective
services are not provided, the individual entitled to the services or others will incur

a substantial risk of serious physical harm. Under current law, if it is necessary to
enter a premises forcibly to provide or investigate the need for emergency protective
services, the county department must obtain a court order for the entry except when
it appears probable that substantial physical harm, irreparable injury, or death may
occur to the individual and the time required to obtain an order would result in
greater risk of physical harm to the individual. The bill specifies that the emergency
protective services may be provided without the individual's consent. Under the bill,
the emergency protective services may be provided even if the risk of serious harm
is not a risk of serious physical harm and may be provided for not more than 72 hours
unless a preliminary hearing is scheduled on a petition for protective services.
Under the bill, a person is not liable for any actions performed in good faith related
to emergency protective services.
7. Under current law, an individual under a protective placement may be
transferred between protective placement units, between protective placement
facilities, or from a protective placement unit to a medical facility. In a hearing,
under current law, to contest a transfer of an individual under a protective
placement, a guardian ad litem must be appointed for the individual. The bill allows
an individual to be transferred from an unlocked unit to a locked unit. Under the bill,
in a hearing to contest a transfer, the guardian ad litem is required, among other
duties, to meet with the individual to be transferred and advise the court whether
the individual meets the standard for transfer.
8. Under current law, an individual, the individual's guardian or guardian ad
litem, the Department of Health Services, a certain county department or agency, or
any other interested person may petition to terminate an order for protective
placement or protective services and a hearing is held to determine termination.
Under the bill, when a guardian ad litem files the petition for termination or receives
notice of a petition for termination, the guardian ad litem is required to do all of the
following: interview the ward to explain the procedures for termination and the
rights of the ward and provide that information to the ward in writing; request that
the court order additional medical, psychological, or other evaluation of the ward, if
necessary; review the annual report and relevant reports on the ward's condition and
protective services; review the ward's condition, protective services, and rights with
the guardian; if relevant or if there is ambiguity about the ward's position, report to
the court the present or proposed protective services, the position of the guardian,
or the recommendation of the guardian ad litem as to the best interests of the ward;
provide a summary written report to the court on certain aspects of the individual's
placement and needs; and, if relevant, report to the court that the ward requests the
appointment of counsel.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB577, s. 1
1Section 1. 55.01 (2r) of the statutes is repealed.
SB577, s. 2 2Section 2. 55.01 (3) of the statutes is created to read:
SB577,4,43 55.01 (3) "Guardian" means, in the context of the exercise of a specific right or
4power, any of the following:
SB577,4,75 (a) A temporary or permanent guardian of the person, as defined in s. 54.01
6(12), who has been granted the authority to exercise that right or power on behalf of
7the ward.
SB577,4,108 (b) A temporary or permanent guardian of the estate, as defined in s. 54.01 (11),
9who has been granted the authority to exercise that right or power on behalf of the
10ward.
SB577, s. 3 11Section 3. 55.01 (4) (d) of the statutes is created to read:
SB577,4,1512 55.01 (4) (d) If the individual sought to be protected is receiving the family care
13benefit under s. 46.286, or a benefit under a managed long-term care program that
14is funded by the Medical Assistance program, the care management organization or
15other organization that administers the benefit.
SB577, s. 4 16Section 4 . 55.01 (4k) of the statutes is created to read:
SB577,4,1717 55.01 (4k) "Least restrictive" has the meaning given in s. 54.01 (18).
SB577, s. 5 18Section 5. 55.01 (4p) of the statutes is created to read:
SB577,4,2019 55.01 (4p) "Most integrated setting" means a setting that enables the
20individual to interact with persons without disabilities to the fullest extent possible.
SB577, s. 6 21Section 6. 55.01 (6r) (intro.) and (k) of the statutes are consolidated,
22renumbered 55.01 (6r) (intro.) and amended to read:
SB577,5,423 55.01 (6r) (intro.) "Protective services" includes means any of the following:
24(k) Any
services that, when provided to an individual with developmental
25disabilities, degenerative brain disorder, serious and persistent mental illness, or

1other like incapacity, keep the individual safe from abuse, financial exploitation,
2neglect, or self-neglect or prevent the individual from experiencing deterioration or
3from inflicting harm on himself or herself or another person. including any of the
4following:
SB577, s. 7 5Section 7. 55.01 (6r) (km) of the statutes is created to read:
SB577,5,66 55.01 (6r) (km) Any other service ordered by the court.
SB577, s. 8 7Section 8. 55.01 (6y) of the statutes is amended to read:
SB577,5,108 55.01 (6y) "Voluntary" means according to an individual's free choice, if
9competent, or by choice of a an individual's guardian, if adjudicated incompetent or
10by choice of a person having authority under a power of attorney for health care
.
SB577, s. 9 11Section 9. 55.043 (1r) (b) 5. of the statutes is amended to read:
SB577,5,1312 55.043 (1r) (b) 5. A review of the treatment and patient health care records of
13the adult at risk if provided under s. 51.30 (4) (b) 17. or 146.82 (2) (a) 7.
SB577, s. 10 14Section 10. 55.05 (2) (intro.) of the statutes is amended to read:
SB577,5,1815 55.05 (2) Conditions required. (intro.) The department or a county
16department or agency with which the county department contracts designated under
17s. 55.02 (2) that provides protective services may provide the services under any of
18the following conditions:
SB577, s. 11 19Section 11. 55.055 (1) (a) of the statutes is amended to read:
SB577,6,220 55.055 (1) (a) The guardian of an individual who has been adjudicated
21incompetent may consent to the individual's admission to a foster home, group home,
22or community-based residential facility, as defined under s. 50.01 (1g), without a
23protective placement order under s. 55.12 if the home or facility is licensed for fewer
24than 16 beds. Prior to providing that consent, and annually thereafter, the guardian

1shall review the ward's right to the least restrictive residential environment and may
2consent only to admission only to a home or facility that implements that right.
SB577, s. 12 3Section 12. 55.06 of the statutes is amended to read:
SB577,6,17 455.06 Protective services and protective placement; eligibility. To be
5eligible for court-ordered protective placement or protective services, an individual
6shall have filed a petition to transfer a foreign guardianship, whether present in the
7state or not, or shall be a resident of the state; and shall have a need for protective
8placement or protective services. The individual shall have attained the age of 18,
9but an individual who is alleged to have a developmental disability may receive
10protective placement or protective services upon attaining the age of 14. Protective
11placement or protective services may be ordered under this chapter only for an
12individual who is adjudicated incompetent in this state or for a minor who is alleged
13to have a developmental disability, and only if there is a finding of a need for
14protective placement under s. 55.08 (1) or for protective services under s. 55.08 (2),
15and ss. s. 55.055 (5), 55.13, and 55.135 are is inappropriate or do does not apply. A
16procedure for court-ordered protective placement or protective services may be
17initiated 6 months before a minor attains age 18.
SB577, s. 13 18Section 13. 55.075 (1) of the statutes is amended to read:
SB577,6,2419 55.075 (1) Who may petition. The department, the county department or an
20agency with which the county department contracts designated under s. 55.02 (2),
21a guardian, or an interested person may file a petition for appointment of a guardian
22and for protective services or protective placement for an individual. The department
23shall provide for a schedule of reimbursement for the cost of the proceedings based
24upon the ability to pay of the proposed ward or individual to be protected.
SB577, s. 14 25Section 14. 55.075 (4) (b) of the statutes is amended to read:
SB577,7,5
155.075 (4) (b) If a person seeking to be the guardian of a proposed ward requests
2the assistance of a county department or an agency with which it contracts
3designated under s. 55.02 (2) in petitioning for guardianship or for protective
4services or protective placement, the assistance may be considered a service and may
5be charged for based upon the ability of the person to pay for the service.
SB577, s. 15 6Section 15. 55.075 (5) (a) of the statutes is amended to read:
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