AB575,25,16
11(4) The county department shall solicit information and advice from the public,
12including family caregivers of individuals with dementia, organizations concerned
13with Alzheimer's disease and dementia, the treatment of mental illness, or the
14provision of long-term care, and any other appropriate individuals or organizations,
15to aid it in carrying out its responsibility to designate one or more dementia crisis
16units under this section.
AB575,25,19
17(5) The county department shall implement a procedure to periodically review
18any designation made under sub. (1) as necessary and appropriate to ensure the
19facility continues to meet the criteria for designation.
Note: Requires a county department to identify at least one dementia crisis unit
for emergency and temporary protective placement for psychiatric evaluation, diagnosis,
or treatment. A unit that has not been so identified by the county may not be used for
emergency or temporary protective placements under the procedures created in the bill.
AB575,29
20Section
29. 55.59 of the statutes is created to read:
AB575,26,9
2155.59 Emergency or temporary protective placement in a dementia
22crisis unit. (1) Emergency placement authorized; grounds. If, from personal
23observation by, or a reliable report made by a person who identifies himself or herself
1to, a sheriff, police officer, fire fighter, guardian, if any, or authorized representative
2of a county department or an agency with which the county department contracts
3under s. 55.02 (2), it appears probable that an individual is so totally incapable of
4providing for his or her own care or custody as to create a substantial risk of serious
5physical harm to himself or herself or others as a result of dementia, mental illness,
6or a psychiatric condition if not immediately placed, the person who personally made
7the observation or to whom the report is made may take an individual into custody
8and transport the individual to a medical facility or a dementia crisis unit if all of the
9following are true:
AB575,26,1110
(a) The individual has or, based on observation and currently available
11information, appears to have dementia.
AB575,26,1412
(b) The individual has engaged in behavior that creates a substantial risk of
13serious physical harm to himself or herself or others, as manifested by recent acts
14or omissions.
AB575,26,2315
(c) It appears probable that unless the individual is admitted to a dementia
16crisis unit for behavioral or psychiatric evaluation, diagnosis, services, or treatment,
17the individual will incur a substantial probability of physical harm, impairment,
18injury, or debilitation or will present a substantial probability of physical harm to
19others. The substantial probability shall be shown by evidence of recent behavior of
20the individual or of recent acts or attempts or a pattern of recent acts or omissions
21by the individual or by evidence that the individual or others are placed at
22substantial risk of serious physical harm to them as evidenced by a recent overt act,
23attempt, or threat by the individual to do serious physical harm to them.
AB575,27,3
1(2) Emergency admission to dementia crisis unit. An individual who has been
2detained under sub. (1) may be admitted to a dementia crisis unit if all of the
3following are true:
AB575,27,104
(a) A physician has conducted a physical examination of the individual; has
5determined and documented in writing that there is a reasonable probability that
6the behavior described in sub. (1) is not caused by a physical condition or illness that
7could be treated safely and appropriately in a setting other than a dementia crisis
8unit; and recommends that the individual be placed in a dementia crisis unit for
9behavioral or psychiatric evaluation, diagnosis, services, or treatment for the
10purpose of addressing the behavior.
AB575,27,1211
(b) The placement in a dementia crisis unit is in an environment that is
12appropriate for the individual.
AB575,27,16
13(3) Transportation to dementia crisis unit.
A person who is authorized to
14detain and transport an individual under sub. (1) may transport an individual to a
15dementia crisis unit for admission under sub. (2) if the individual was detained at
16a different facility under sub. (1).
AB575,28,3
17(4) Statement; right to an attorney. A person who takes an individual into
18custody under sub. (1) shall prepare and sign a statement at the time of detention
19providing specific factual information concerning the person's observations or
20reports made to the person and the basis for taking the individual into custody under
21sub. (1). If the individual is admitted to a dementia crisis unit, the statement shall
22be filed with the director of the dementia crisis unit and with any petition under s.
2355.075. At the time of admission, the director of the dementia crisis unit or the
24director's designee shall inform the individual, orally and in writing, of his or her
25right to contact an attorney and a member of his or her immediate family and the
1right to have an attorney provided at public expense, as provided under s. 55.105.
2The director or designee shall provide the individual with a copy of the statement by
3the person making the emergency protective placement.
AB575,28,5
4(5) False statements. Whoever signs a statement under sub. (4) while knowing
5the information contained in the statement to be false is guilty of a Class H felony.
AB575,28,10
6(6) Petition; contents. When an individual is protectively placed under this
7section, the person making the emergency protective placement shall immediately
8file a petition under s. 55.075 with the court. In addition to the allegations required
9under s. 55.08 (1), the petition shall allege that the grounds under subs. (1) and (2)
10are true.
AB575,28,22
11(7) Hearing; conversion procedure. (a) The court shall hold a preliminary
12hearing within 96 hours of detention, excluding Saturdays, Sundays, and legal
13holidays, to establish probable cause to believe the allegations of the grounds for
14protective placement under s. 55.08 (1) and the grounds under subs. (1) and (2). An
15individual is considered to be detained when he or she is taken into custody for the
16purpose of emergency protective placement. At the request of the subject individual
17or his or her counsel or guardian ad litem, the court may postpone the hearing, but
18in no case may the postponement exceed 7 days after the date the individual was
19admitted to the dementia crisis unit for emergency protective placement. At the
20probable cause hearing under this subsection, the court shall make a finding of
21whether the individual who is the subject of the hearing is likely to be found
22incompetent.
AB575,29,523
(b) If, under par. (a), the court finds that the individual has dementia but is not
24likely to be found incompetent or that protective placement is otherwise not
25appropriate, the court may treat the petition under this section as a petition for
1commitment under s. 51.20 or 51.45 (13). The court shall review the petition filed
2under this section under the standards under s. 51.20 (1) (a) or 51.45 (13) (a) to
3determine whether an order of detention shall be issued without further notice.
4Placement shall be made in a facility described under s. 51.20 (2) (d) or 51.45 (13) (h).
5The court shall schedule the full, final hearing under s. 51.20 (7) (c) or 51.45 (13) (e).
AB575,29,16
6(8) Order; temporary placement. Upon finding probable cause under sub. (7),
7the court may order temporary protective placement for up to 45 days in a dementia
8crisis unit, pending the hearing for permanent protective placement. If the court
9does not find probable cause for placement in a dementia crisis unit but does find
10probable cause for placement in a protective placement facility other than a
11dementia crisis unit, it shall so order. The court may order any protective services
12that may be required. The order, and any subsequent extension of the order under
13s. 55.61, shall state that the county in which the original order for protective
14placement of the individual was issued shall be responsible for transportation of the
15individual to any facility to which placement of the individual is ordered upon
16discharge of the individual from the dementia crisis unit.
AB575,30,2
17(9) Medication and treatment. When an individual is protectively placed in
18a dementia crisis unit under this section, or remains in a dementia crisis unit
19pursuant to an extension of an order issued under this section, the director and staff
20of the dementia crisis unit may evaluate, diagnose and treat the individual if the
21individual consents. The individual has a right to refuse medication and treatment
22except as provided in an order under s. 55.14 or 55.70 or in a situation in which
23medication or treatment is necessary to prevent serious physical harm to the
24individual or others. The director of the dementia crisis unit or his or her designee
25shall advise the individual of these rights. The court may order the involuntary
1administration of psychotropic medication as an emergency protective service to the
2individual only as provided in s. 55.70.
AB575,30,8
3(10) T
ransfer. When, upon the advice of the treatment staff, the director of
4a dementia crisis unit in which an individual has been placed for emergency or
5temporary protective placement under this section determines that the grounds for
6emergency or temporary protective placement no longer exist, he or she shall notify
7the county department in order to arrange for transfer of the individual to a facility
8described in s. 55.12.
AB575,30,15
9(11) Liability. Any individual who acts in accordance with this section,
10including making a determination whether an individual has dementia or whether
11an individual evidences a substantial probability of harm, is not liable for any actions
12taken in good faith. The good faith of the actor shall be presumed in any civil action.
13Whoever asserts that the individual who acts in accordance with this section has not
14acted in good faith has the burden of proving that assertion by evidence that is clear,
15satisfactory, and convincing.
AB575,30
16Section
30. 55.61 of the statutes is created to read:
AB575,30,20
1755.61 Extension of temporary protective placement in a dementia
18crisis unit. (1) Extension authorized. The court may extend for up to 60 days an
19order for temporary protective placement in a dementia crisis unit under s. 55.59 (8)
20if the requirements of this section are met.
AB575,31,5
21(2) Petition. (a)
Filing; service. Subject to par. (b), an individual under an
22order for temporary protective placement in a dementia crisis unit; the individual's
23guardian; the individual's legal counsel or guardian ad litem, if any; the department;
24the county department that placed the individual or provided the protective services
25under an order of the court; an agency with which the county department contracts
1under s. 55.02 (2); or any interested person may file a petition for extension of an
2order for temporary protective placement in a dementia crisis unit. The person filing
3the petition shall have the petition served on the individual, the individual's
4guardian, the individual's legal counsel and guardian ad litem, if any, and the county
5department.
AB575,31,126
(b)
Time limit. Except in an emergency, if the petition described under par. (a)
7is being filed, the person filing the petition for extension of temporary protective
8placement in a dementia crisis unit shall file the petition no fewer than 10 days
9before the date of expiration of the period of temporary protective placement ordered
10under s. 55.59 (8). If an emergency makes it impossible to file a petition sooner, a
11petition may be filed up to 72 hours prior to expiration of the period of temporary
12protective placement ordered under s. 55.59 (8).
AB575,31,1513
(c)
Allegations. A person filing the petition under par. (a) shall allege in the
14petition for extension of an order for temporary protective placement in a dementia
15crisis unit that all of the following are true:
AB575,31,1716
1. The individual continues to meet the standards for protective placement
17under s. 55.08 (1).
AB575,31,1818
2. The individual has dementia.
AB575,31,2119
3. The individual has engaged in behavior that creates a substantial risk of
20serious physical harm to himself or herself or others, as manifested by recent acts
21or omissions.
AB575,32,322
4. A physician has conducted a physical examination of the individual who is
23the subject of the petition; has determined and documented in writing that there is
24a reasonable probability that the behavior is not caused by a physical condition or
25illness that could be treated safely and appropriately in a setting other than a
1dementia crisis unit; and recommends that the individual continue placement in the
2dementia crisis unit for behavioral or psychiatric evaluation, diagnosis, services, or
3treatment.
AB575,32,134
5. Unless the individual continues placement in the dementia crisis unit for
5behavioral or psychiatric evaluation, diagnosis, services, or treatment, the
6individual will incur a substantial probability of physical harm, impairment, injury,
7or debilitation or will present a substantial probability of physical harm to others.
8The individual submitting the petition shall allege a substantial probability of
9physical harm to the individual or others by providing evidence of recent behavior
10of the individual or of recent acts or attempts or a pattern of recent acts or omissions
11by the individual or by evidence that the individual or others are placed at
12substantial risk of serious physical harm to them as evidenced by a recent overt act,
13attempt, or threat by the individual to do serious physical harm to them.
AB575,32,1514
6. Reasonable efforts have been made to locate an appropriate placement for
15the individual in a less restrictive setting.
AB575,32,24
16(3) Examination. (a)
Appointment of examiners. Subject to par. (b), if a petition
17is filed under this section, the court shall appoint 2 licensed physicians specializing
18in psychiatry, or one licensed physician and one licensed psychologist, or 2 licensed
19physicians one of whom shall have specialized training in psychiatry, if available, or
202 licensed physicians to personally examine the individual. The court shall appoint
21examiners who have the specialized knowledge that the court determines to be
22appropriate to the needs of the individual. The examiners may not be related to the
23individual by blood, marriage, or adoption and may not have any interest in his or
24her property.
AB575,33,6
1(b)
Choice of examiner. The individual to be examined may select one of the
2examiners appointed under par. (a) if the individual makes his or her selection
3known to the court within 24 hours after he or she receives the petition for extension
4of the temporary protective placement in the dementia crisis unit. The court may
5deny the individual's selection if the examiner does not meet the requirements of par.
6(a) or the individual's selection is not available.
AB575,33,147
(c)
Right to additional examination. If the individual, the individual's attorney,
8or any other interested party with court permission requests, the individual who is
9the subject of the petition has a right to secure, at his or her own expense, an
10additional medical or psychological examination and to offer the evaluator's personal
11testimony as evidence at the hearing. If the individual who is the subject of the
12petition is indigent, requests an additional medical or psychological examination,
13and has approval of the court hearing the petition, the individual's county of legal
14residence shall pay a reasonable expense for the additional examination.
AB575,33,2215
(d)
Notice to examinee; remaining silent. Before the examination, the
16individual who is the subject of the examination shall be informed that his or her
17statements can be used as a basis for an extension of the current temporary
18protective placement in the dementia crisis unit, that he or she has the right to
19remain silent, and that the examiner is required to make a report to the court even
20if the subject individual remains silent. The issuance of such a warning to the
21individual prior to each examination establishes a presumption that the individual
22understands that he or she need not speak to the examiner.
AB575,34,1123
(e)
Examiner report; conclusions. The examiners shall personally observe and
24examine the individual at any suitable place and satisfy themselves, if reasonably
25possible, as to the individual's mental condition. Each examiner shall make an
1independent written report and file that report with the court. The report and
2testimony, if any, by the examiners shall be based on beliefs to a reasonable degree
3of medical certainty, or professional certainty if an examiner is a psychologist, in
4regard to the existence of the facts alleged in the petition and the appropriateness
5of various treatment modalities or facilities. If the examiners are unable to reach
6conclusions to a reasonable degree of medical or professional certainty, the
7examiners shall so state in their report and testimony, if any. The individual's
8treatment records shall be available to the examiners. The individual, the
9individual's attorney, and the individual's guardian ad litem shall have access to all
10psychiatric and other reports at least 72 hours in advance of the hearing under sub.
11(4).
AB575,34,1912
(f)
Discovery. On motion of either party, all parties shall produce at a
13reasonable time and place designated by the court all physical evidence which each
14party intends to introduce in evidence. Any party shall be permitted to inspect, copy,
15photograph, or transcribe such physical evidence in the presence of a person
16designated by the court. The order shall specify the time, place and manner of
17making the inspection, copies, photographs, or transcriptions, and may prescribe
18such terms and conditions as are just. The court may, if the motion is made by the
19individual, delay the hearing for any period necessary for completion of discovery.
AB575,35,3
20(4) Hearing. A court shall hold a hearing on the petition for extension before
21the expiration of the order for temporary protective placement of the individual in
22a dementia crisis unit under s. 55.59 (8). A trial by a jury shall be held if demanded
23by the individual sought to be protected or his or her attorney or guardian ad litem.
24The hearing shall be held as part of the same proceedings in which the petition for
25permanent protective placement of the individual is heard. The petition shall be
1heard immediately after the order for permanent protective placement of the
2individual is made. If the court does not order permanent protective placement of the
3individual, the petition under this section shall be dismissed.
AB575,35,7
4(5) Order. After a hearing under sub. (4) on a petition for extension of an order
5for temporary protective placement in a dementia crisis unit, the court shall make
6one of the following orders and shall identify in the order the information relied on
7as a basis for that order:
AB575,35,118
(a) If the court finds that the individual meets the standards for protective
9placement under s. 55.08 (1) and the allegations under sub. (2) (c) are true, it shall
10order continued temporary placement in the dementia crisis unit for a period not to
11exceed 60 days from the date of expiration of the original order under s. 55.59 (8).
AB575,35,1712
(b) If the court finds that the individual meets the standards for protective
13placement under s. 55.08 (1) and the allegations under sub. (2) (c) are true, but that
14the individual would be better served in a different dementia crisis unit, it shall order
15transfer of the individual to that dementia crisis unit and temporary placement in
16that dementia crisis unit for a period not to exceed 60 days from the date of expiration
17of the original order under s. 55.59 (8).
AB575,35,2118
(c) If the court finds that the individual meets the standards for protective
19placement under s. 55.08 (1) but the allegations under sub. (2) (c) are not true, the
20court shall order transfer of the individual to a protective placement facility under
21s. 55.12.
AB575,35,2422
(d) If the court finds the individual no longer meets the standards for protective
23placement under s. 55.08 (1), it shall terminate the protective placement, as provided
24in s. 55.17.
AB575,36,14
1(6) Subsequent extensions. A court may extend an order under sub. (5) (a) or
2(b) in increments of no more than 60 days. For each such extension, a person
3described under sub. (2) (a) shall file a petition alleging that the individual meets the
4standards for protective placement under s. 55.08 (1) and that the allegations under
5sub. (2) (c) are true no later than 10 days prior to the expiration of the most-recently
6issued order for temporary placement. If an emergency makes it impossible to file
7a petition sooner, a petition may be filed up to 72 hours prior to expiration of the most
8recently-issued order for temporary placement ordered under sub. (5). The petition
9shall be served on the individual, the individual's guardian, the individual's legal
10counsel and guardian ad litem, if any, and the county department. Examination shall
11be conducted as provided in sub. (3). A hearing shall be held prior to the expiration
12of the most-recently issued order for temporary placement. A trial by a jury shall
13be held if demanded by the individual or his or her attorney or guardian ad litem.
14After hearing, the court shall issue an order issued as provided in sub. (5).
AB575,31
15Section
31. 55.65 of the statutes is created to read:
AB575,36,21
1655.65 Temporary transfer to dementia crisis unit. (1) Transfer
17authorized. An individual who is under a protective placement order and has or,
18based on currently available information and observation, appears to have
19dementia, may be transferred to a dementia crisis unit for behavioral or psychiatric
20evaluation, diagnosis, services, or treatment for a period not to exceed 45 days if the
21requirements of this section are met.
AB575,37,5
22(2) Petition. An individual under protective placement; the individual's
23guardian; the individual's legal counsel or guardian ad litem, if any; the department;
24the county department that placed the individual or provided the protective services
25under an order of the court; an agency with which the county department contracts
1under s. 55.02 (2); or any interested person may file a petition at any time for
2temporary transfer of the individual to a dementia crisis unit for behavioral or
3psychiatric evaluation, diagnosis, services, or treatment. The petition shall be
4served on the individual, the individual's guardian, the individual's legal counsel and
5guardian ad litem, if any, and the county department.
AB575,37,7
6(3) Allegations. The person filing the petition under sub. (2) shall allege all
7of the following in the petition:
AB575,37,98
(a) The individual has been diagnosed with or, based upon currently available
9information, appears to have dementia.
AB575,37,1210
(b) The individual has engaged in behavior that creates a substantial risk of
11serious physical harm to himself or herself or others as manifested by recent acts or
12omissions.
AB575,37,1513
(c) A physician who has personal knowledge of the individual has conducted
14a physical examination of the individual within the past 7 days and, based on that
15examination, all of the following are true:
AB575,37,1916
1. The physician has determined and documented in writing that there is a
17reasonable probability that the behavior is not caused by a physical condition or
18illness that could be treated safely and appropriately in a setting other than a
19dementia crisis unit.
AB575,37,2220
2. The physician has determined that there is a reasonable probability that the
21individual's behavior or condition may be improved by transfer to a dementia crisis
22unit for behavioral or psychiatric evaluation, diagnosis, services, or treatment.
AB575,38,523
(d) Unless the individual is temporarily transferred to a dementia crisis unit
24for behavioral or psychiatric evaluation, diagnosis, services, or treatment, the
25individual will incur a substantial probability of being subject to a change in
1permanent placement to a more restrictive setting due to the inability of the current
2placement facility to provide for the safety of the individual or others due to the
3behavior of the individual. The person filing the petition shall allege the substantial
4probability of a change in placement to a more restrictive setting by showing all of
5the following:
AB575,38,106
1. Evidence of recent behavior of the individual or of recent acts or attempts or
7a pattern of recent acts or omissions by the individual or by evidence that the
8individual or others are placed at substantial risk of serious physical harm to them
9as evidenced by a recent overt act, attempt, or threat by the individual to do serious
10physical harm to them.
AB575,38,1211
2. Evidence of the facility's response to behavior, acts, attempts, omissions or
12threats identified in subd. 1., as documented in records maintained by the facility.
AB575,38,1613
(e) The protective placement facility has made reasonable efforts to address or
14accommodate the behavior or condition for which behavioral or psychiatric
15evaluation, diagnosis, services, or treatment in a dementia crisis unit is sought and
16these efforts are documented in the individual's plan of care.
AB575,38,1717
(f) The placement is in an environment that is appropriate for the individual.
AB575,38,1818
(g) One of the following is true:
AB575,38,2219
1. The protective placement facility has a plan in place for the orderly return
20of the individual to the protective placement facility upon discharge from the
21dementia crisis unit which specifies the conditions under which the individual will
22be readmitted to the facility and a copy of the plan is included with the petition.
AB575,39,223
2. The protective placement facility has determined that readmission of the
24individual to the protective placement facility upon discharge from the dementia
1crisis unit is not in the best interests of the individual and includes with the petition
2specific factual information supporting this conclusion.
AB575,39,83
(h) The protective placement facility has prepared detailed documentation of
4the behaviors or condition of the individual that necessitate inpatient behavioral or
5psychiatric evaluation, diagnosis, services, or treatment, including detailed
6information about the physical examination conducted under par. (c) and efforts
7taken by the facility under par. (e), and this documentation will be provided to the
8dementia crisis unit.
AB575,39,11
9(4) Consent of guardian required. No individual may be transferred under
10this section without the written consent of the individual's guardian except in the
11case of an emergency transfer under sub. (6).
AB575,39,14
12(5) Consent of county department. No individual may be transferred under
13this section without the written consent of the county department except in the case
14of an emergency transfer under sub. (6).
AB575,39,22
15(6) Emergency transfer; petition. If an emergency makes it impossible to file
16a petition as specified in sub. (2) or to obtain the prior written consent of the guardian
17specified in sub. (4), the individual may be transferred without the prior written
18consent of the guardian, without written consent of the county department, and
19without a prior court order. A petition containing all of the allegations in sub. (3) and
20identification of the specific facts and circumstances which made it impossible to
21carry out the transfer under the nonemergency procedures shall be filed immediately
22upon transfer.
AB575,40,2
23(7) Hearing. (a) The court shall order a hearing within 72 hours after an
24individual is transferred under sub. (6) or a petition is filed under sub. (2). At the
25request of the individual or his or her counsel or guardian ad litem, the hearing may
1be postponed, but in no case may the postponement exceed 7 days from the date of
2the emergency transfer.
AB575,40,53
(b) The court shall notify the petitioner, the individual under protective
4placement, the individual's guardian, the individual's attorney, if any, and the county
5department of the time and place of the hearing.
AB575,40,86
(c) A guardian ad litem shall be appointed to represent the individual under
7protective placement at the hearing. If the individual is indigent, the county in
8which the hearing is held shall be liable for guardian ad litem fees.
AB575,40,129
(d) The court shall refer the individual under protective placement for
10appointment of legal counsel as provided under s. 55.105 if the individual, the
11individual's guardian ad litem, or anyone on the individual's behalf requests that
12counsel be appointed for the individual.
AB575,40,1513
(e) The petitioner, the individual under protective placement, the individual's
14guardian, the individual's guardian ad litem, and the individual's attorney, if any,
15have the right to attend the hearing and to present and cross-examine witnesses.
AB575,40,17
16(8) Standard for transfer. In determining whether to approve a proposed or
17emergency transfer the court shall consider all of the following:
AB575,40,1818
(a) Whether there is probable cause to believe the allegations under sub. (3).
AB575,40,2019
(b) Whether the proposed transfer to a dementia crisis unit is in the best
20interests of the individual.
AB575,40,2321
(c) In the case of an emergency transfer, whether there is probable cause to
22believe that specific facts and circumstances specified under sub. (6) made it
23impossible to carry out the transfer under nonemergency procedures.
AB575,40,25
24(9) Order relating to transfer. Following the hearing under sub. (7), the
25court shall do one of the following:
AB575,41,6
1(a) If the court finds that the individual continues to meet the standards for
2protective placement under s. 55.08 (1) and the allegations under sub. (3) and, if
3applicable, sub. (6) are not true, the court shall issue an order prohibiting the
4transfer. The court shall identify in the order the information relied upon as a basis
5for the order and shall make findings based on the allegations under sub. (3) and, if
6applicable, sub. (6) in support of the denial of the transfer.
AB575,41,147
(b) If the court finds that the individual continues to meet the standards for
8protective placement under s. 55.08 (1) and the allegations under sub. (3) and, if
9applicable, sub. (6) are true, the court shall order transfer to a dementia crisis unit
10for a period not to exceed 45 days. The order and any subsequent extension of the
11order under s. 55.67 shall state that the county in which the original order for
12protective placement of the individual was issued shall be responsible for
13transportation of the individual to any facility to which placement of the individual
14is ordered upon discharge of the individual from the dementia crisis unit.
AB575,41,1715
(c) If the court finds that the individual no longer meets the standards for
16protective placement under s. 55.08 (1), the court shall terminate the protective
17placement as provided in s. 55.17.
AB575,42,3
18(10) Medication and treatment. When an individual is placed in a dementia
19crisis unit under this section, or remains in a dementia crisis unit pursuant to an
20extension of an order issued under this section, the director and staff of the dementia
21crisis unit may evaluate, diagnose, and treat the individual if the individual
22consents. The individual has a right to refuse medication except as provided in an
23order under s. 55.14 or 55.70, or in a situation in which medication or treatment is
24necessary to prevent serious physical harm to the individual or others. The director
25of the dementia crisis unit or his or her designee shall advise the individual of these
1rights. The court may order the involuntary administration of psychotropic
2medication as an emergency protective service to the individual only as provided
3under s. 55.70.
AB575,42,8
4(11) Rights. When, upon the advice of the treatment staff, the director of a
5dementia crisis unit to which an individual has been transferred under this section
6determines that the grounds for transfer no longer exist, he or she shall notify the
7county department in order to arrange for transfer to a protective placement facility
8under s. 55.12.
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9(12) Liability. Any individual who acts in accordance with this section,
10including making a determination that an individual has or does not have dementia
11or evidences or does not evidence a substantial probability of harm, is not liable for
12any actions taken in good faith. The good faith of the actor shall be presumed in any
13civil action. Whoever asserts that the individual who acts in accordance with this
14section has not acted in good faith has the burden of proving that assertion by
15evidence that is clear, satisfactory, and convincing.
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16Section
32. 55.67 of the statutes is created to read:
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1755.67 Extension of temporary transfer to a dementia crisis unit. (1) 18Extension authorized. A court may extend for up to 60 days an order for temporary
19transfer to a dementia crisis unit under s. 55.65 (9) if the requirements of this section
20are met.
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21(2) Petition. (a)
Filing; service. Subject to par. (b), an individual under an order
22for temporary transfer to a dementia crisis unit; the individual's guardian; the
23individual's legal counsel or guardian ad litem, if any; the department; the county
24department that placed the individual or provided the protective services under an
25order of the court; an agency with which the county department contracts under s.
155.02 (2); or any interested person may file a petition for extension of the order for
2temporary transfer to a dementia crisis unit. The person filing the petition shall
3have the petition served on the individual, the individual's guardian, the individual's
4legal counsel and guardian ad litem, if any, and the county department.
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(b)
Time limit. Except in an emergency, if the petition described under par. (a)
6is being filed, the person filing the petition for extension of temporary transfer to a
7dementia crisis unit shall file the petition no fewer than 10 days before the date of
8expiration of the period of temporary transfer ordered under s. 55.65 (9). If an
9emergency makes it impossible to file a petition sooner, a petition may be filed up to
1072 hours before the expiration of the period of temporary transfer ordered under s.
1155.65 (9).
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(c)
Allegations. A person filing the petition under par. (a) shall allege in the
13petition for extension of an order for temporary transfer to a dementia crisis unit that
14all of the following are true:
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1. The individual continues to meet the standards for protective placement
16under s. 55.08 (1).