2005 Wisconsin Act 264

Note: Sections 49 to 51 revise the term "chronic mental illness" to "serious and persistent mental illness".

264,52 Section 52. 51.39 of the statutes is amended to read:

51.39 Resident patients on unauthorized absence. If any patient who is admitted, transferred, or placed under s. 55.06, 2003 stats., or s. 51.13, 51.15, 51.20, 51.35 (3), 51.37, or 51.45 (11) (b), (12) or (13) or 55.06 or ch. 55, 971, 975, or 980 or transferred under s. 51.35 (3) or 51.37 is on unauthorized absence from a treatment facility, the sheriff or any other law enforcement agency in the county in which the patient is found or in which it is believed the patient may be present, upon the request of the director, shall take charge of and return the patient to the facility. The costs incident to the return shall be paid out of the facility's operating funds and be charged back to the patient's county of residence.

Note: Changes various cross-references regarding protective placement and transfer of a person who is protectively placed.

264,53 Section 53. 51.40 (2) (intro.) of the statutes is amended to read:

51.40 (2) Determination of residence. (intro.) For purposes of determining responsibility for funding the provision of services under chs. 46, 51 and 55, the county of residence of individuals aged 18 or older with developmental disability or chronic serious and persistent mental illness in state facilities or nursing homes shall be determined as follows:

Note: Revises the term "chronic mental illness" to "serious and persistent mental illness".

264,54 Section 54. 51.40 (2) (a) 1. of the statutes is amended to read:

51.40 (2) (a) 1. `Commitment or protection protective placement.' If an individual is under a court order of commitment under this chapter or protective placement under s. 55.06, 2003 stats., or s. 55.12, the individual remains a resident of the county in which he or she has residence at the time the commitment or protective placement is made. If the court makes no specific finding of a county of residence, the individual is a resident of the county in which the court is located.

Note: Changes a cross-reference to the procedure for protective placement, the provisions of which are renumbered in this bill.

264,55 Section 55. 51.40 (2) (a) 2. of the statutes is amended to read:

51.40 (2) (a) 2. `Placement by a county.' Except for the provision of emergency services under s. 51.15, 51.42 (1) (b), 51.437 (4) (c), or 51.45 (11) and (12), emergency protective services under s. 55.13, or 55.06 (11) emergency protective placement under s. 55.135, if a county department or an agency of a county department arranges or makes placement of the individual into a state facility or nursing home, the individual is a resident of the county of that county department. Any agency of the county department is deemed to be acting on behalf of the county department in arranging or making placement.

Note: Changes a cross-reference to emergency protective placement, the provisions of which are renumbered in this bill.

264,56 Section 56. 51.42 (1) (b) of the statutes is amended to read:

51.42 (1) (b) County liability. The county board of supervisors has the primary responsibility for the well-being, treatment and care of the mentally ill, developmentally disabled, alcoholic and other drug dependent citizens residing within its county and for ensuring that those individuals in need of such emergency services found within its county receive immediate emergency services. This primary responsibility is limited to the programs, services and resources that the county board of supervisors is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds. County liability for care and services purchased through or provided by a county department of community programs established under this section shall be based upon the client's county of residence except for emergency services for which liability shall be placed with the county in which the individual is found. For the purpose of establishing county liability, "emergency services" includes those services provided under the authority of s. 55.05 (4), 2003 stats., or s. 55.06 (11) (a), 2003 stats., or s. 51.15, 51.45 (11) (a) or (b) or (12), 55.05 (4) or 55.06 (11) (a) 55.13, or 55.135 for not more than 72 hours. Nothing in this paragraph prevents recovery of liability under s. 46.10 or any other statute creating liability upon the individual receiving a service or any other designated responsible party, or prevents reimbursement by the department of health and family services for the actual cost of all care and services from the appropriation under s. 20.435 (7) (da), as provided in s. 51.22 (3).

Note: Changes cross-references to emergency protective services, the provisions of which are renumbered in this bill.

264,57 Section 57. 51.42 (3) (ar) 4. d. of the statutes is amended to read:

51.42 (3) (ar) 4. d. Related research and staff in-service training, including periodic training on emergency detention procedures under s. 51.15, emergency protective services under s. 55.13, and emergency protective placement procedures under s. 55.06 (11) 55.135, for individuals persons within the jurisdiction of the county department of community programs who are authorized to take persons individuals into custody under ss. 51.15 and 55.06 (11) 55.135. In developing in-service training on emergency detention and emergency protective placement procedures, the county department of community programs shall consult the county department of developmental disabilities services under s. 51.437 in counties where these departments are separate.

Note: Changes cross-references to emergency protective services and emergency protective placement, the provisions of which are renumbered in this bill.

264,58 Section 58. 51.42 (3) (e) of the statutes is amended to read:

51.42 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), any subunit of a county department of community programs 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 community programs, with a resource center, care management organization or family care district, or with any person providing services to the client under a purchase of services contract with the county department of community programs or with a resource center, care management organization or 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 community programs to coordinate the delivery of services to the client.

Note: Changes a cross-reference to access to records in protective placement and services cases, the provisions of which are renumbered in this bill.

264,59 Section 59 . 51.421 (1) of the statutes is amended to read:

51.421 (1) Purpose. In order to provide the least restrictive and most appropriate care and treatment for persons with chronic serious and persistent mental illness, community support programs should be available in all parts of the state. In order to integrate community support programs with other long-term care programs, community support programs shall be coordinated, to the greatest extent possible, with the community options program under s. 46.27, with the protective services system in a county, with the medical assistance program under subch. IV of ch. 49 and with other care and treatment programs for persons with chronic serious and persistent mental illness.

264,60 Section 60. 51.421 (2) of the statutes is amended to read:

51.421 (2) Services. If funds are provided, and within the limits of the availability of funds provided under s. 51.423 (2), each county department under s. 51.42 shall establish a community support program. Each community support program shall use a coordinated case management system and shall provide or assure access to services for persons with chronic serious and persistent mental illness who reside within the community. Services provided or coordinated through a community support program shall include assessment, diagnosis, identification of persons in need of services, case management, crisis intervention, psychiatric treatment including medication supervision, counseling and psychotherapy, activities of daily living, psychosocial rehabilitation which may include services provided by day treatment programs, client advocacy including assistance in applying for any financial support for which the client may be eligible, residential services and recreational activities. Services shall be provided to an individual based upon his or her treatment and psychosocial rehabilitation needs.

264,61 Section 61 . 51.421 (3) (c) of the statutes is amended to read:

51.421 (3) (c) Monitor the establishment and the continuing operation of community support programs and ensure that community support programs comply with the standards promulgated by rule. The department shall ensure that the persons monitoring community support programs to determine compliance with the standards are persons who are knowledgeable about treatment programs for persons with chronic serious and persistent mental illness.

Note: Sections 59 to 61 revise the term "chronic mental illness" to "serious and persistent mental illness".

264,62 Section 62. 51.437 (4) (c) of the statutes is amended to read:

51.437 (4) (c) County liability for care and services purchased through or provided by a county department of developmental disabilities services established under this section shall be based upon the client's county of residence except for emergency services for which liability shall be placed with the county in which the individual is found. For the purpose of establishing county liability, "emergency services" means those services provided under the authority of s. 55.05 (4), 2003 stats., or s. 55.06 (11) (a), 2003 stats., or s. 51.15, 55.05 (4) or 55.06 (11) (a), 55.13, or 55.135. Nothing in this paragraph prevents recovery of liability under s. 46.10 or any other statute creating liability upon the individual receiving a service or any other designated responsible party.

Note: Changes cross-references to emergency protective services and emergency protective placement, the provisions of which are renumbered in this bill.

264,63 Section 63. 51.437 (4r) (b) of the statutes is amended to read:

51.437 (4r) (b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), any subunit of the county department of developmental disabilities services 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 developmental disabilities services, with a resource center, care management organization or family care district, or with any person providing services to the client under a purchase of services contract with the county department of developmental disabilities services or with a resource center, care management organization or 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 developmental disabilities services to coordinate the delivery of services to the client.

Note: Changes a cross-reference to access to records in protective placement and services cases, the provisions of which are renumbered in this bill.

264,64 Section 64 . 51.67 (intro.) of the statutes is amended to read:

51.67 Alternate procedure; protective services. (intro.) If, after a hearing under s. 51.13 (4) or 51.20, the court finds that commitment under this chapter is not warranted and that the subject individual is a fit subject for guardianship and protective placement or services, the court may, without further notice, appoint a temporary guardian for the subject individual and order temporary protective placement or services under ch. 55 for a period not to exceed 30 days. Temporary protective placement for an individual in a center for the developmentally disabled is subject to s. 51.06 (3). Any interested party may then file a petition for permanent guardianship or protective placement or services, including medication, under ch. 55. If the individual is in a treatment facility, the individual may remain in the facility during the period of temporary protective placement if no other appropriate facility is available. The court may order psychotropic medication as a temporary protective service under this section if it finds that there is probable cause to believe the individual is not competent to refuse psychotropic medication and that the medication ordered will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for and participate in subsequent legal proceedings. An individual is not competent to refuse psychotropic medication if, because of chronic serious and persistent mental illness, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to the individual, one of the following is true:

264,65 Section 65 . 51.67 (2) of the statutes is amended to read:

51.67 (2) The individual is substantially incapable of applying an understanding of the advantages, disadvantages and alternatives to his or her chronic serious and persistent mental illness in order to make an informed choice as to whether to accept or refuse psychotropic medication.

Note: Sections 64 and 65 revise the term "chronic mental illness" to "serious and persistent mental illness".

264,66 Section 66. 55.001 of the statutes is amended to read:

55.001 Declaration of policy. The legislature recognizes that many citizens of the state, because of the infirmities of aging, chronic serious and persistent mental illness, mental retardation, other degenerative brain disorder, developmental disabilities, or other like incapacities incurred at any age, are in need of protective services or protective placement. Except as provided in s. 49.45 (30m) (a), these the protective services or protective placement should, to the maximum degree of feasibility under programs, services and resources that the county board of supervisors is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, allow the individual the same rights as other citizens, and at the same time protect the individual from exploitation, abuse, and degrading treatment. This chapter is designed to establish those protective services and protective placements, to assure their availability to all persons individuals when in need of them, and to place the least possible restriction on personal liberty and exercise of constitutional rights consistent with due process and protection from abuse, exploitation, and neglect.

Note: Inserts references to both protective services and protective placements. Also, revises terminology to delete the terms "infirmities of aging" and "mental retardation"; to insert a new term, "degenerative brain disorder" to replace "infirmities of aging"; and to replace the word "chronic" with the term "serious and persistent".

264,67 Section 67. 55.01 (1d) of the statutes is created to read:

55.01 (1d) "Activated power of attorney for health care" means a power of attorney for health care that has taken effect in the manner specified in s. 155.05 (2).

Note: Creates a definition of "activated power of attorney for health care", a term which is used in this bill.

264,68 Section 68 . 55.01 (1v) of the statutes is created to read:

55.01 (1v) "Degenerative brain disorder" means the loss or dysfunction of brain cells to the extent that an individual is substantially impaired in his or her ability to provide adequately for his or her own care or custody.

Note: Creates a definition of "degenerative brain disorder", which is a new term created in this bill to replace the outdated term "infirmities of aging".

264,69 Section 69. 55.01 (2) of the statutes is amended to read:

55.01 (2) "Developmentally disabled person" means any individual having a disability attributable to mental retardation, cerebral palsy, epilepsy, autism or another neurological condition closely related to mental retardation or requiring treatment similar to that required for mentally retarded individuals, which has continued or can be expected to continue indefinitely, substantially impairs the an individual from adequately providing for his or her own care or custody, and constitutes a substantial handicap to the afflicted individual. The term does not include a person affected by senility which dementia that is primarily caused by the process of aging or the infirmities of aging degenerative brain disorder.

Note: Revises the term "infirmities of aging" to "degenerative brain disorder".

264,70 Section 70. 55.01 (3) of the statutes is repealed.

Note: Section 68 creates a new definition of "degenerative brain disorder", which is created to replace the repealed definition "infirmities of aging".

264,71 Section 71. 55.01 (4) of the statutes is renumbered 55.01 (4) (intro.) and amended to read:

55.01 (4) (intro.) "Interested person" means any adult of the following:

(a) An adult relative or friend of a person an individual sought to be protected under this subchapter; or any chapter.

(b) Any official or representative of a public or private agency, corporation or association concerned with the person's individual's welfare.

Note: Revises the term "interested person".

264,72 Section 72. 55.01 (4) (c) of the statutes is created to read:

55.01 (4) (c) A health care agent, as defined in s. 155.01 (4).

Note: Includes a health care agent in the definition of "interested person".

264,73 Section 73. 55.01 (4g) of the statutes is amended to read:

55.01 (4g) "Intermediate facility" has the meaning given in s. 46.279 (1) (a) (b).

264,74 Section 74. 55.01 (4t) of the statutes is amended to read:

55.01 (4t) "Nursing facility" has the meaning given in s. 46.279 (1) (b) (c).

264,75 Section 75. 55.01 (6), (6m), (6p) and (6r) of the statutes are created to read:

55.01 (6) "Protective placement" means a placement that is made to provide for the care and custody of an individual.

(6m) "Protective placement facility" means a facility to which a court may under s. 55.12 order an individual to be provided protective placement for the primary purpose of residential care and custody.

(6p) "Protective placement unit" means a ward, wing, or other designated part of a placement facility.

(6r) "Protective services" includes any of the following:

(a) Outreach.

(b) Identification of individuals in need of services.

(c) Counseling and referral for services.

(d) Coordination of services for individuals.

(e) Tracking and follow-up.

(f) Social services.

(g) Case management.

(h) Legal counseling or referral.

(i) Guardianship referral.

(j) Diagnostic evaluation.

(k) 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, neglect, or misappropriation of property or prevent the individual from experiencing deterioration or from inflicting harm on himself or herself or another person.

Note: Creates a definition of protective placement. This definition is derived from the first sentence of s. 55.06 (1). Creates a definition of protective services. This definition incorporates the noninclusive list of possible services from current s. 55.04 (1) (a), and specifies that "protective services" includes any services that are intended to keep specified individuals safe from abuse, neglect, or misappropriation of property, or prevent the individual from inflicting harm on himself or herself or another person.

264,76 Section 76. 55.01 (6t) of the statutes is created to read:

55.01 (6t) "Residence" means the voluntary concurrence of an individual's physical presence with his or her intent to remain in a place of fixed habitation. Physical presence is prima facie evidence of intent to remain.

Note: Creates a definition of "residence" for use in ch. 55. This definition is based on the definition of "residence" in s. 49.001.

264,77 Section 77. 55.01 (6v) of the statutes is created to read:

55.01 (6v) "Serious and persistent mental illness" has the meaning given in s. 51.01 (14t).

Note: Creates a definition of "serious and persistent mental illness", which is used in this bill and replaces the outdated term "chronic mental illness".