AB100-ASA1-AA1,124,9
4"(bm) The custodial parent assigns to the state any right of the custodial parent
5or of the dependent child to support from any other person. No amount of support
6that begins to accrue after the individual ceases to receive payments under this
7section may be considered assigned to the state. Any money received by the
8department of workforce development under an assignment to the state under this
9paragraph shall be paid to the custodial parent.".
AB100-ASA1-AA1,124,2217
51.13
(1) (a) Except as provided in s. 51.45 (2m), the application for voluntary
18admission of a minor
who is under 14 years of age to an approved inpatient treatment
19facility shall be executed by a parent who has legal custody of the minor or the
20minor's guardian. Any statement or conduct by a minor
under the age of 14 21indicating that the minor does not agree to admission to the facility shall be noted
22on the face of the application and shall be noted in the petition required by sub. (4).
AB100-ASA1-AA1,125,6
151.13
(1) (d) A minor against whom a petition or statement has been filed under
2s. 51.15, 51.20 or 51.45 (12) or (13) may be admitted under this section. The court
3may permit the minor to become a voluntary patient pursuant to this section upon
4approval by the court of an application executed pursuant to par. (a)
, (b) or (c), and
5the judge shall then dismiss the proceedings under s. 51.15, 51.20 or 51.45. If a
6hearing is held under this subsection, no hearing under sub. (4) is required.
AB100-ASA1-AA1,125,188
51.13
(1) (e) A minor may be admitted immediately upon the approval of the
9application executed under par. (a)
or (b) by the treatment director of the facility or
10his or her designee or, in the case of a center for the developmentally disabled, the
11director of the center or his or her designee, and the director of the appropriate county
12department under s. 51.42 or 51.437 if such county department is to be responsible
13for the cost of the minor's therapy and treatment. Approval shall be based upon an
14informed professional opinion that the minor is in need of psychiatric services or
15services for developmental disability, alcoholism or drug abuse, that the treatment
16facility offers inpatient therapy or treatment which is appropriate for the minor's
17needs and that inpatient care in the facility is the least restrictive therapy or
18treatment consistent with the minor's needs.
AB100-ASA1-AA1,126,220
51.13
(2) (a) A minor may be admitted to an inpatient treatment facility
21without complying with the requirements of this section if the admission does not
22involve the department or a county department under s. 51.42 or 51.437, or a contract
23between a treatment facility and the department or between a treatment facility and
24a county department. The application for voluntary admission of a minor
who is 14
1years of age or over shall be executed by
the minor and a parent who has legal custody
2of the minor or the minor's guardian.
AB100-ASA1-AA1,126,107
51.13
(3) (c) A minor
under 14 years of age and his or her parent or guardian
8shall also be informed by the director or his or her designee, both orally and in
9writing, in easily understandable language, of the minor's right to a hearing to
10determine continued appropriateness of the admission as provided in sub. (7).
AB100-ASA1-AA1,126,1512
51.13
(3) (e) Writing materials for use in requesting a hearing or discharge
13under this section shall be made available to minors at all times by every inpatient
14treatment facility. The staff of each such facility shall assist minors in preparing and
15submitting requests for
discharge or hearing hearings.
AB100-ASA1-AA1,126,2417
51.13
(4) (a) (intro.) Within 3 days
of after the admission of a minor under sub.
18(1), or within 3 days
of after application for admission of the minor, whichever occurs
19first, the treatment director of the facility to which the minor is admitted or, in the
20case of a center for the developmentally disabled, the director of the center, shall file
21a verified petition for review of the admission in the court assigned to exercise
22jurisdiction under chs. 48 and 938 in the county in which the facility is located. A
23copy of the application for admission and of any relevant professional evaluations
24shall be attached to the petition. The petition shall contain all of the following:
AB100-ASA1-AA1,127,2
151.13
(4) (c) A copy of the petition shall be provided by the petitioner to the
2minor and his or her parents or guardian within 5 days
of after admission.
AB100-ASA1-AA1,127,254
51.13
(4) (d) Within 5 days
of after the filing of the petition, the court assigned
5to exercise jurisdiction under chs. 48 and 938 shall determine, based on the
6allegations of the petition and accompanying documents,
whether the admission is
7voluntary on the part of the minor if the minor is 14 years of age or older and whether
8there is a prima facie showing that the minor is in need of psychiatric services, or
9services for developmental disability, alcoholism or drug abuse, that the treatment
10facility offers inpatient therapy or treatment which is appropriate to the minor's
11needs, and that inpatient care in the treatment facility is the least restrictive therapy
12or treatment consistent with the needs of the minor. If such a showing is made, the
13court shall permit voluntary admission. If the court is unable to make
such those 14determinations based on the petition and accompanying documents,
it shall the
15court may dismiss the petition as provided in par. (h);
or order additional information
16to be produced as
it deems necessary
for the court to make
such review, and make
17such those determinations within 14 days
of after admission or application for
18admission, whichever is sooner; or
it may hold a hearing within 14 days
of after 19admission or application for admission, whichever is sooner. If a notation of the
20minor's unwillingness appears on the face of the petition, or if a hearing has been
21requested by the minor, the minor's counsel, parent or guardian, the court shall hold
22a hearing to review the admission within 14 days
of
after admission or application
23for admission, whichever is sooner, and shall appoint counsel to represent the minor
24if the minor is unrepresented. If the court
deems
considers it necessary,
it the court 25shall also appoint a guardian ad litem to represent the minor.
AB100-ASA1-AA1,128,182
51.13
(4) (g) (intro.) If the court finds that the minor is in need of psychiatric
3services
, or services for developmental disability, alcoholism or drug abuse in an
4inpatient facility
, and that the inpatient facility to which the minor is admitted offers
5therapy or treatment
which that is appropriate for the minor's needs and
which that 6is the least restrictive therapy or treatment consistent with the minor's needs
and, 7in the case of a minor aged 14 or older, the application is voluntary on the part of the
8minor, it, the court shall permit voluntary admission. If the court finds that the
9therapy or treatment in the inpatient facility to which the minor is admitted is not
10appropriate or is not the least restrictive therapy or treatment consistent with the
11minor's needs, the court may order placement in or transfer to another more
12appropriate or less restrictive inpatient facility, except that the court may not permit
13or order placement in or transfer to
the northern or southern centers a center for the
14developmentally disabled of a minor unless the department
gives approval for the
15placement or transfer has authorized that center for the developmentally disabled
16for the placement or transfer of minors generally or for the placement or transfer of
17that minor specifically, and if the order of the court is approved by all of the following
18if applicable:
AB100-ASA1-AA1,129,321
51.13
(6) (a) A minor may be admitted to an inpatient treatment facility
22without review of the application under sub. (4) for diagnosis and evaluation or for
23dental, medical or psychiatric services for a period not to exceed 12 days. The
24application for short-term admission of a minor shall be executed by the minor's
25parent or guardian
, and by the minor if he or she is 14 years of age or older. A minor
1may not be readmitted to an inpatient treatment facility for psychiatric services
2under this paragraph within 120 days
of after a previous admission under this
3paragraph.
AB100-ASA1-AA1,129,257
51.13
(7) (title)
Continued appropriateness of admission. Any minor
under 14
8years of age who is voluntarily admitted under this section may submit a written
9request to the court for a hearing to determine the continued appropriateness of the
10admission. If the director or staff of the inpatient treatment facility to which a minor
11under the age of 14 is admitted observes conduct by the minor which demonstrates
12an unwillingness to remain at the facility, including
but not limited to a written
13expression of opinion or unauthorized absence, the director shall file a written
14request with the court to determine the continued appropriateness of the admission.
15A request
which that is made personally by a minor under this
paragraph subsection 16shall be signed by the minor but need not be written or composed by him or her. A
17request for a hearing under this
paragraph which
subsection that is received by staff
18or the director of the facility in which the child is admitted shall be filed with the court
19by the director. The court shall order a hearing upon request if no hearing concerning
20the minor's admission has been held within 120 days
of receipt of before the request
21is received. The court shall appoint counsel and, if the court
deems considers it
22necessary, a guardian ad litem to represent the minor
and if. If a hearing is held
, the
23court shall hold the hearing within 14 days
of
after the request, unless the parties
24agree to a longer period. After the hearing, the court shall
make disposition dispose 25of the matter in the manner provided in sub. (4).
AB100-ASA1-AA1,130,62
51.14
(3) (a)
Either a A minor 14 years of age or older
or his or her parent or
3guardian may petition the mental health review officer in the county in which the
4parent or guardian has residence for a review of a refusal of
either the minor or his
5or her parent or guardian to provide the informed consent for outpatient mental
6health treatment required under s. 51.61 (6).
AB100-ASA1-AA1,130,98
51.14
(3) (b) 3. The facts substantiating the
petitioner's minor's belief that
the
9minor he or she needs outpatient mental health treatment.
AB100-ASA1-AA1,130,1411
51.14
(3) (b) 4. Any available information which substantiates the
12appropriateness of the particular treatment sought
for
by the minor and that the
13particular treatment sought is the least restrictive treatment consistent with the
14needs of the minor.
AB100-ASA1-AA1,130,2116
51.14
(3) (g) Within 21 days after the filing of a petition under this subsection,
17the mental health review officer shall hold a hearing on the refusal of the
minor or
18the minor's parent or guardian to provide informed consent for outpatient treatment.
19The mental health review officer shall provide notice of the date, time and place of
20the hearing to the minor and the minor's parent or guardian at least 96 hours prior
21to the hearing.
AB100-ASA1-AA1,131,523
51.14
(3) (h) (intro.) If following the hearing under par. (g) and after taking into
24consideration the recommendations, if any, of the county department under s. 51.42
25or 51.437 made under par. (e), the mental health review officer finds all of the
1following, he or she shall issue a written order that, notwithstanding the written,
2informed consent requirement of s. 51.61 (6),
the written, informed consent of the
3minor, if the minor is refusing to provide consent, or the written, informed consent
4of the minor's parent or guardian
, if the parent or guardian is refusing to provide
5consent, is not required for outpatient mental health treatment for the minor:
AB100-ASA1-AA1,131,137
51.14
(4) (a) Within 21 days after the issuance of the order by the mental health
8review officer under sub. (3) or if the requirements of sub. (3) (f) are satisfied, the
9minor or his or her parent or guardian may petition a court assigned to exercise
10jurisdiction under
ch. chs. 48
and 938 in the county of residence of the minor's parent
11or guardian for a review of the refusal of
either the minor or his or her the parent or
12guardian to provide the informed consent for outpatient mental health treatment
13required under s. 51.61 (6).
AB100-ASA1-AA1,131,1715
51.14
(4) (b) The petition in par. (a) shall conform to the requirements set forth
16in sub. (3) (b).
If the minor has refused to provide informed consent, a notation of this
17fact shall be made on the face of the petition.
AB100-ASA1-AA1,131,2519
51.14
(4) (c)
If a notation of a minor's refusal to provide informed consent to
20outpatient mental health treatment appears on the petition, the court shall, at least
217 days prior to the time scheduled for the hearing, appoint counsel to represent the
22minor if the minor is unrepresented. If the minor's parent or guardian has refused
23to provide informed consent and the minor is unrepresented, the court shall appoint
24counsel to represent the minor, if requested by the minor or determined by the court
25to be in the best interests of the minor.
AB100-ASA1-AA1,132,82
51.14
(4) (g) (intro.) After the hearing under this subsection, the court shall
3issue a written order stating that, notwithstanding the written, informed consent
4requirement of s. 51.61 (6),
the written, informed consent of the minor, if the minor
5refuses to provide consent, or the written, informed consent of the parent or
6guardian
, if the parent or guardian refuses to provide consent, is not required for
7outpatient mental health treatment for the minor if the court finds all of the
8following:".
AB100-ASA1-AA1,132,1611
51.20
(16) (a) Except in the case of alcoholic commitments under s. 51.45 (13),
12any patient who is involuntarily committed for treatment under this chapter, may
13on the patient's own verified petition, except in the case of a minor
who is under 14
14years of age, or on the verified petition of the patient's guardian, relative, friend, or
15any person providing treatment under the order of commitment, request a
16reexamination or request the court to modify or cancel an order of commitment.
AB100-ASA1-AA1,132,2418
51.22
(2) Voluntary Except as provided in s. 51.13 (2), voluntary admissions
19under ss. 51.10, 51.13 and 51.45 (10) shall be through the county department under
20s. 51.42 or 51.437 serving the person's county of residence, or through the
21department if the person to be admitted is a nonresident of this state. Admissions
22through a county department under s. 51.42 or 51.437 shall be made in accordance
23with s. 51.42 (3) (as) 1. or 51.437 (4rm) (a). Admissions through the department shall
24be made in accordance with sub. (3).
AB100-ASA1-AA1,133,82
51.30
(5) (a)
Consent for release of information. The parent, guardian, or person
3in the place of a parent of a minor or the guardian of an adult adjudged incompetent
4under ch. 880 may consent to the release of confidential information in court or
5treatment records.
A minor who is aged 14 or more may consent to the release of
6confidential information in court or treatment records without the consent of the
7minor's parent, guardian or person in the place of a parent. Consent under this
8paragraph must conform to the requirements of sub. (2).
AB100-ASA1-AA1,133,1710
51.30
(5) (b) 1. The guardian of an individual who is adjudged incompetent
11under ch. 880 shall have access to the individual's court and treatment records at all
12times. The parent, guardian or person in the place of a parent of a developmentally
13disabled minor shall have access to the minor's court and treatment records at all
14times
except in the case of a minor aged 14 or older who files a written objection to
15such access with the custodian of the records. The parent, guardian or person in the
16place of a parent of other minors shall have the same rights of access as provided to
17subject individuals under this section.
AB100-ASA1-AA1,133,2419
51.30
(5) (b) 2.
A minor upon reaching the age of 14 shall have access to his or
20her own court and treatment records, as provided in this section. A minor
under the
21age of 14 shall have access to court records but only in the presence of parent,
22guardian, counsel, guardian ad litem or judge and shall have access to treatment
23records as provided in this section but only in the presence of parent, guardian,
24counsel, guardian ad litem or staff member of the treatment facility.".
AB100-ASA1-AA1,134,223
51.35
(3) (a) A licensed psychologist of a juvenile correctional facility or a
4secured child caring institution, as defined in s. 938.02 (15g), or a licensed physician
5of the department of corrections, who has reason to believe that any individual
6confined in the facility or institution is, in his or her opinion, in need of services for
7developmental disability, alcoholism or drug dependency or in need of psychiatric
8services, and who has obtained voluntary consent to make a transfer for treatment,
9shall make a report, in writing, to the superintendent of the facility or institution,
10stating the nature and basis of the belief and verifying the consent. In the case of
11a minor
age 14 and over, the minor and, the minor's parent or guardian shall consent
12unless the minor is admitted under s. 51.13 (1) (c)
; and in the case of a minor under
13the age of 14, only the minor's parent or guardian need consent. The superintendent
14shall inform, orally and in writing, the minor and the minor's parent or guardian,
15that transfer is being considered and shall inform them of the basis for the request
16and their rights as provided in s. 51.13 (3). If the department of corrections, upon
17review of a request for transfer, determines that transfer is appropriate, that
18department shall immediately notify the department of health and family services
19and, if the department of health and family services consents, the department of
20corrections may immediately transfer the individual. The department of corrections
21shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction
22under chs. 48 and 938 of the county where the treatment facility is located.
AB100-ASA1-AA1,135,17
151.35
(3) (b) The court assigned to exercise jurisdiction under chs. 48 and 938
2shall determine, based on the allegations of the petition and accompanying
3documents,
whether the transfer is voluntary on the part of the minor if he or she is
4aged 14 or over, and whether the transfer of the minor to an inpatient facility is
5appropriate and consistent with the needs of the minor.
In the event that If the court
6is unable to make
such determinations that determination based on the petition and
7accompanying documents,
it shall the court may order additional information to be
8produced as
it deems necessary
for the court to make
such review, and make such
9determinations the determination within 14 days
of after admission, or
it the court 10may hold a hearing within 14 days
of after admission. If a notation of the minor's
11unwillingness appears on the face of the petition, or
that if a hearing has been
12requested by the minor, the minor's counsel, guardian ad litem, parent or guardian,
13the court shall hold a hearing and appoint counsel or a guardian ad litem for the
14minor as provided in s. 51.13 (4) (d). At the conclusion of the hearing, the court shall
15approve or disapprove the request for transfer. If the minor is under the continuing
16jurisdiction of the court of another county, the court may order the case transferred
17together with all appropriate records to that court.
AB100-ASA1-AA1,136,319
51.35
(3) (g) A
parent or guardian of a minor
14 years of age or older who is
20transferred to a treatment facility under par. (a) may request in writing a return to
21the juvenile correctional facility or secured child caring institution, as defined in s.
22938.02 (15g).
In the case of a minor under 14 years of age, the parent or guardian
23may make the request. Upon receipt of a request for return from a minor 14 years
24of age or over, the director shall immediately notify the minor's parent or guardian. 25The minor shall be returned to the juvenile correctional facility or secured child
1caring institution within 48 hours after submission of the request unless a petition
2or statement is filed for emergency detention, emergency commitment, involuntary
3commitment or protective placement.".
AB100-ASA1-AA1,136,236
51.61
(6) Subject to the rights of patients provided under this chapter, the
7department, county departments under s. 51.42 or 51.437 and any agency providing
8services under an agreement with the department or those county departments have
9the right to use customary and usual treatment techniques and procedures in a
10reasonable and appropriate manner in the treatment of patients who are receiving
11services under the mental health system, for the purpose of ameliorating the
12conditions for which the patients were admitted to the system. The written,
13informed consent of any patient shall first be obtained, unless the person
is a minor
14or has been found not competent to refuse medication and treatment under s. 51.61
15(1) (g). In the case of a minor, the written, informed consent of the parent or guardian
16is required
. Except, except as provided under an order issued under s.
51.13 (1) (c), 1751.14 (3) (h) or (4) (g)
, if the minor is 14 years of age or older, the written, informed
18consent of the minor and the minor's parent or guardian is required. A refusal of
19either a parent or guardian of a minor
14 years of age or older or the minor's parent
20or guardian to provide written, informed consent for
inpatient mental health
21treatment is reviewable under s. 51.13 (1) (c) and a refusal of a parent or guardian
22of a minor to provide written, informed consent for outpatient mental health
23treatment is reviewable under s. 51.14.".
AB100-ASA1-AA1,137,112
59.08
(7) (b) The question of the consolidation of the counties shall be submitted
3to the voters at the next election
authorized under s. 8.065 (2) or an election
4authorized under s. 8.065 (3) to be held on
the first Tuesday in April, or the next
5regular election, or at a special election to be held on a date specified in the order
6which shall be no sooner than 45 days after the
day fixed in date of the order issued
7under par. (a), which
day date shall be the same in each of the counties proposing to
8consolidate. A copy of the order shall be filed with the county clerk of each of the
9counties.
If the question of consolidation is submitted at a special election, it shall
10be held not less than 30 days nor more than 60 days from the completion of the
11consolidation agreement, but not within 60 days of any spring or general election.".
AB100-ASA1-AA1,137,1814
59.54
(8) (a) 4. At least annually, submit to the
state emergency response board 15division of emergency management in the department of military affairs a list of the
16members of the local emergency planning committee appointed by the county board
17under this paragraph, including the agency, organization or profession that each
18member represents.".
AB100-ASA1-AA1,137,2221
59.53
(13) (title)
Subsidy of Payments for abortions and abortion-related
22activity restricted.
