Amendment AA8-ASA1-AB100

AB100-ASA1-AA8, s. 2112c Section 2112c. 51.13 (1) (b) of the statutes is repealed.

AB100-ASA1-AA8, s. 2112d Section 2112d. 51.13 (1) (d) of the statutes is amended to read:

AB100-ASA1-AA8,174,18 51.13 (1) (d) A minor against whom a petition or statement has been filed under s. 51.15, 51.20 or 51.45 (12) or (13) may be admitted under this section. The court may permit the minor to become a voluntary patient pursuant to this section upon approval by the court of an application executed pursuant to par. (a), (b) or (c), and the judge shall then dismiss the proceedings under s. 51.15, 51.20 or 51.45. If a hearing is held under this subsection, no hearing under sub. (4) is required.

AB100-ASA1-AA8, s. 2112e Section 2112e. 51.13 (1) (e) of the statutes is amended to read:

AB100-ASA1-AA8,175,6 51.13 (1) (e) A minor may be admitted immediately upon the approval of the application executed under par. (a) or (b) by the treatment director of the facility or his or her designee or, in the case of a center for the developmentally disabled, the director of the center or his or her designee, and the director of the appropriate county department under s. 51.42 or 51.437 if such county department is to be responsible for the cost of the minor's therapy and treatment. Approval shall be based upon an informed professional opinion that the minor is in need of psychiatric services or services for developmental disability, alcoholism or drug abuse, that the treatment facility offers inpatient therapy or treatment which is appropriate for the minor's needs and that inpatient care in the facility is the least restrictive therapy or treatment consistent with the minor's needs.

AB100-ASA1-AA8, s. 2112f Section 2112f. 51.13 (2) (a) of the statutes is amended to read:

AB100-ASA1-AA8,175,14 51.13 (2) (a) A minor may be admitted to an inpatient treatment facility without complying with the requirements of this section if the admission does not involve the department or a county department under s. 51.42 or 51.437, or a contract between a treatment facility and the department or between a treatment facility and a county department. The application for voluntary admission of a minor who is 14 years of age or over shall be executed by the minor and a parent who has legal custody of the minor or the minor's guardian.

AB100-ASA1-AA8, s. 2112g Section 2112g. 51.13 (2) (b) of the statutes is repealed.

AB100-ASA1-AA8, s. 2112h Section 2112h. 51.13 (2) (d) of the statutes is repealed.

AB100-ASA1-AA8, s. 2112i Section 2112i. 51.13 (3) (b) of the statutes is repealed.

AB100-ASA1-AA8, s. 2112j Section 2112j. 51.13 (3) (c) of the statutes is amended to read:

AB100-ASA1-AA8,175,22 51.13 (3) (c) A minor under 14 years of age and his or her parent or guardian shall also be informed by the director or his or her designee, both orally and in writing, in easily understandable language, of the minor's right to a hearing to determine continued appropriateness of the admission as provided in sub. (7).

AB100-ASA1-AA8, s. 2112k Section 2112k. 51.13 (3) (e) of the statutes is amended to read:

AB100-ASA1-AA8,176,2 51.13 (3) (e) Writing materials for use in requesting a hearing or discharge under this section shall be made available to minors at all times by every inpatient treatment facility. The staff of each such facility shall assist minors in preparing and submitting requests for discharge or hearing hearings.

AB100-ASA1-AA8, s. 2112L Section 2112L. 51.13 (4) (a) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,176,11 51.13 (4) (a) (intro.) Within 3 days of after the admission of a minor under sub. (1), or within 3 days of after application for admission of the minor, whichever occurs first, the treatment director of the facility to which the minor is admitted or, in the case of a center for the developmentally disabled, the director of the center, shall file a verified petition for review of the admission in the court assigned to exercise jurisdiction under chs. 48 and 938 in the county in which the facility is located. A copy of the application for admission and of any relevant professional evaluations shall be attached to the petition. The petition shall contain all of the following:

AB100-ASA1-AA8, s. 2112m Section 2112m. 51.13 (4) (c) of the statutes is amended to read:

AB100-ASA1-AA8,176,14 51.13 (4) (c) A copy of the petition shall be provided by the petitioner to the minor and his or her parents or guardian within 5 days of after admission.

AB100-ASA1-AA8, s. 2112n Section 2112n. 51.13 (4) (d) of the statutes is amended to read:

AB100-ASA1-AA8,177,12 51.13 (4) (d) Within 5 days of after the filing of the petition, the court assigned to exercise jurisdiction under chs. 48 and 938 shall determine, based on the allegations of the petition and accompanying documents, whether the admission is voluntary on the part of the minor if the minor is 14 years of age or older and whether there is a prima facie showing that the minor is in need of psychiatric services, or services for developmental disability, alcoholism or drug abuse, that the treatment facility offers inpatient therapy or treatment which is appropriate to the minor's needs, and that inpatient care in the treatment facility is the least restrictive therapy or treatment consistent with the needs of the minor. If such a showing is made, the court shall permit voluntary admission. If the court is unable to make such those determinations based on the petition and accompanying documents, it shall the court may dismiss the petition as provided in par. (h); or order additional information to be produced as it deems necessary for the court to make such review, and make such those determinations within 14 days of after admission or application for admission, whichever is sooner; or it may hold a hearing within 14 days of after admission or application for admission, whichever is sooner. If a notation of the minor's unwillingness appears on the face of the petition, or if a hearing has been requested by the minor, the minor's counsel, parent or guardian, the court shall hold a hearing to review the admission within 14 days of after admission or application for admission, whichever is sooner, and shall appoint counsel to represent the minor if the minor is unrepresented. If the court deems considers it necessary, it the court shall also appoint a guardian ad litem to represent the minor.

AB100-ASA1-AA8, s. 2112p Section 2112p. 51.13 (4) (g) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,178,5 51.13 (4) (g) (intro.) If the court finds that the minor is in need of psychiatric services, or services for developmental disability, alcoholism or drug abuse in an inpatient facility, and that the inpatient facility to which the minor is admitted offers therapy or treatment which that is appropriate for the minor's needs and which that is the least restrictive therapy or treatment consistent with the minor's needs and, in the case of a minor aged 14 or older, the application is voluntary on the part of the minor, it, the court shall permit voluntary admission. If the court finds that the therapy or treatment in the inpatient facility to which the minor is admitted is not appropriate or is not the least restrictive therapy or treatment consistent with the minor's needs, the court may order placement in or transfer to another more appropriate or less restrictive inpatient facility, except that the court may not permit or order placement in or transfer to the northern or southern centers a center for the developmentally disabled of a minor unless the department gives approval for the placement or transfer has authorized that center for the developmentally disabled for the placement or transfer of minors generally or for the placement or transfer of that minor specifically, and if the order of the court is approved by all of the following if applicable:

AB100-ASA1-AA8, s. 2112q Section 2112q. 51.13 (4) (g) 1. of the statutes is repealed.

AB100-ASA1-AA8, s. 2112r Section 2112r. 51.13 (6) (a) of the statutes is amended to read:

AB100-ASA1-AA8,178,15 51.13 (6) (a) A minor may be admitted to an inpatient treatment facility without review of the application under sub. (4) for diagnosis and evaluation or for dental, medical or psychiatric services for a period not to exceed 12 days. The application for short-term admission of a minor shall be executed by the minor's parent or guardian, and by the minor if he or she is 14 years of age or older. A minor may not be readmitted to an inpatient treatment facility for psychiatric services under this paragraph within 120 days of after a previous admission under this paragraph.

AB100-ASA1-AA8, s. 2112s Section 2112s. 51.13 (7) (title), (a) and (b) of the statutes are repealed.

AB100-ASA1-AA8, s. 2112sm Section 2112sm. 51.13 (7) (c) of the statutes is renumbered 51.13 (7) and amended to read:

AB100-ASA1-AA8,179,12 51.13 (7) (title) Continued appropriateness of admission. Any minor under 14 years of age who is voluntarily admitted under this section may submit a written request to the court for a hearing to determine the continued appropriateness of the admission. If the director or staff of the inpatient treatment facility to which a minor under the age of 14 is admitted observes conduct by the minor which demonstrates an unwillingness to remain at the facility, including but not limited to a written expression of opinion or unauthorized absence, the director shall file a written request with the court to determine the continued appropriateness of the admission. A request which that is made personally by a minor under this paragraph subsection shall be signed by the minor but need not be written or composed by him or her. A request for a hearing under this paragraph which subsection that is received by staff or the director of the facility in which the child is admitted shall be filed with the court by the director. The court shall order a hearing upon request if no hearing concerning the minor's admission has been held within 120 days of receipt of before the request is received. The court shall appoint counsel and, if the court deems considers it necessary, a guardian ad litem to represent the minor and if. If a hearing is held, the court shall hold the hearing within 14 days of after the request, unless the parties agree to a longer period. After the hearing, the court shall make disposition dispose of the matter in the manner provided in sub. (4).

AB100-ASA1-AA8, s. 2112t Section 2112t. 51.14 (3) (a) of the statutes is amended to read:

AB100-ASA1-AA8,179,18 51.14 (3) (a) Either a A minor 14 years of age or older or his or her parent or guardian may petition the mental health review officer in the county in which the parent or guardian has residence for a review of a refusal of either the minor or his or her parent or guardian to provide the informed consent for outpatient mental health treatment required under s. 51.61 (6).

AB100-ASA1-AA8, s. 2112tm Section 2112tm. 51.14 (3) (b) 3. of the statutes is amended to read:

AB100-ASA1-AA8,179,21 51.14 (3) (b) 3. The facts substantiating the petitioner's minor's belief that the minor he or she needs outpatient mental health treatment.

AB100-ASA1-AA8, s. 2112u Section 2112u. 51.14 (3) (b) 4. of the statutes is amended to read:

AB100-ASA1-AA8,180,2 51.14 (3) (b) 4. Any available information which substantiates the appropriateness of the particular treatment sought for by the minor and that the particular treatment sought is the least restrictive treatment consistent with the needs of the minor.

AB100-ASA1-AA8, s. 2112um Section 2112um. 51.14 (3) (g) of the statutes is amended to read:

AB100-ASA1-AA8,180,9 51.14 (3) (g) Within 21 days after the filing of a petition under this subsection, the mental health review officer shall hold a hearing on the refusal of the minor or the minor's parent or guardian to provide informed consent for outpatient treatment. The mental health review officer shall provide notice of the date, time and place of the hearing to the minor and the minor's parent or guardian at least 96 hours prior to the hearing.

AB100-ASA1-AA8, s. 2112v Section 2112v. 51.14 (3) (h) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,180,18 51.14 (3) (h) (intro.) If following the hearing under par. (g) and after taking into consideration the recommendations, if any, of the county department under s. 51.42 or 51.437 made under par. (e), the mental health review officer finds all of the following, he or she shall issue a written order that, notwithstanding the written, informed consent requirement of s. 51.61 (6), the written, informed consent of the minor, if the minor is refusing to provide consent, or the written, informed consent of the minor's parent or guardian, if the parent or guardian is refusing to provide consent, is not required for outpatient mental health treatment for the minor:

AB100-ASA1-AA8, s. 2112vm Section 2112vm. 51.14 (4) (a) of the statutes is amended to read:

AB100-ASA1-AA8,181,2 51.14 (4) (a) Within 21 days after the issuance of the order by the mental health review officer under sub. (3) or if the requirements of sub. (3) (f) are satisfied, the minor or his or her parent or guardian may petition a court assigned to exercise jurisdiction under ch. chs. 48 and 938 in the county of residence of the minor's parent or guardian for a review of the refusal of either the minor or his or her the parent or guardian to provide the informed consent for outpatient mental health treatment required under s. 51.61 (6).

AB100-ASA1-AA8, s. 2112w Section 2112w. 51.14 (4) (b) of the statutes is amended to read:

AB100-ASA1-AA8,181,6 51.14 (4) (b) The petition in par. (a) shall conform to the requirements set forth in sub. (3) (b). If the minor has refused to provide informed consent, a notation of this fact shall be made on the face of the petition.

AB100-ASA1-AA8, s. 2112wm Section 2112wm. 51.14 (4) (c) of the statutes is amended to read:

AB100-ASA1-AA8,181,14 51.14 (4) (c) If a notation of a minor's refusal to provide informed consent to outpatient mental health treatment appears on the petition, the court shall, at least 7 days prior to the time scheduled for the hearing, appoint counsel to represent the minor if the minor is unrepresented. If the minor's parent or guardian has refused to provide informed consent and the minor is unrepresented, the court shall appoint counsel to represent the minor, if requested by the minor or determined by the court to be in the best interests of the minor.

AB100-ASA1-AA8, s. 2112x Section 2112x. 51.14 (4) (g) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,181,22 51.14 (4) (g) (intro.) After the hearing under this subsection, the court shall issue a written order stating that, notwithstanding the written, informed consent requirement of s. 51.61 (6), the written, informed consent of the minor, if the minor refuses to provide consent, or the written, informed consent of the parent or guardian, if the parent or guardian refuses to provide consent, is not required for outpatient mental health treatment for the minor if the court finds all of the following:".

AB100-ASA1-AA8,181,23 752. Page 883, line 14: after that line insert:

AB100-ASA1-AA8,181,24 " Section 2115d. 51.20 (16) (a) of the statutes is amended to read:

AB100-ASA1-AA8,182,6 51.20 (16) (a) Except in the case of alcoholic commitments under s. 51.45 (13), any patient who is involuntarily committed for treatment under this chapter, may on the patient's own verified petition, except in the case of a minor who is under 14 years of age, or on the verified petition of the patient's guardian, relative, friend, or any person providing treatment under the order of commitment, request a reexamination or request the court to modify or cancel an order of commitment.

AB100-ASA1-AA8, s. 2115g Section 2115g. 51.22 (2) of the statutes is amended to read:

AB100-ASA1-AA8,182,14 51.22 (2) Voluntary Except as provided in s. 51.13 (2), voluntary admissions under ss. 51.10, 51.13 and 51.45 (10) shall be through the county department under s. 51.42 or 51.437 serving the person's county of residence, or through the department if the person to be admitted is a nonresident of this state. Admissions through a county department under s. 51.42 or 51.437 shall be made in accordance with s. 51.42 (3) (as) 1. or 51.437 (4rm) (a). Admissions through the department shall be made in accordance with sub. (3).

AB100-ASA1-AA8, s. 2120d Section 2120d. 51.30 (5) (a) of the statutes is amended to read:

AB100-ASA1-AA8,182,22 51.30 (5) (a) Consent for release of information. The parent, guardian, or person in the place of a parent of a minor or the guardian of an adult adjudged incompetent under ch. 880 may consent to the release of confidential information in court or treatment records. A minor who is aged 14 or more may consent to the release of confidential information in court or treatment records without the consent of the minor's parent, guardian or person in the place of a parent. Consent under this paragraph must conform to the requirements of sub. (2).

AB100-ASA1-AA8, s. 2120e Section 2120e. 51.30 (5) (b) 1. of the statutes is amended to read:

AB100-ASA1-AA8,183,6 51.30 (5) (b) 1. The guardian of an individual who is adjudged incompetent under ch. 880 shall have access to the individual's court and treatment records at all times. The parent, guardian or person in the place of a parent of a developmentally disabled minor shall have access to the minor's court and treatment records at all times except in the case of a minor aged 14 or older who files a written objection to such access with the custodian of the records. The parent, guardian or person in the place of a parent of other minors shall have the same rights of access as provided to subject individuals under this section.

AB100-ASA1-AA8, s. 2120f Section 2120f. 51.30 (5) (b) 2. of the statutes is amended to read:

AB100-ASA1-AA8,183,13 51.30 (5) (b) 2. A minor upon reaching the age of 14 shall have access to his or her own court and treatment records, as provided in this section. A minor under the age of 14 shall have access to court records but only in the presence of parent, guardian, counsel, guardian ad litem or judge and shall have access to treatment records as provided in this section but only in the presence of parent, guardian, counsel, guardian ad litem or staff member of the treatment facility.".

AB100-ASA1-AA8,183,14 753. Page 883, line 22: after that line insert:

AB100-ASA1-AA8,183,15 " Section 2120t. 51.35 (3) (a) of the statutes is amended to read:

AB100-ASA1-AA8,184,11 51.35 (3) (a) A licensed psychologist of a juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g), or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the facility or institution is, in his or her opinion, in need of services for developmental disability, alcoholism or drug dependency or in need of psychiatric services, and who has obtained voluntary consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the facility or institution, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 and over, the minor and, the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c); and in the case of a minor under the age of 14, only the minor's parent or guardian need consent. The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3). If the department of corrections, upon review of a request for transfer, determines that transfer is appropriate, that department shall immediately notify the department of health and family services and, if the department of health and family services consents, the department of corrections may immediately transfer the individual. The department of corrections shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the treatment facility is located.

AB100-ASA1-AA8, s. 2120u Section 2120u. 51.35 (3) (b) of the statutes is amended to read:

AB100-ASA1-AA8,185,4 51.35 (3) (b) The court assigned to exercise jurisdiction under chs. 48 and 938 shall determine, based on the allegations of the petition and accompanying documents, whether the transfer is voluntary on the part of the minor if he or she is aged 14 or over, and whether the transfer of the minor to an inpatient facility is appropriate and consistent with the needs of the minor. In the event that If the court is unable to make such determinations that determination based on the petition and accompanying documents, it shall the court may order additional information to be produced as it deems necessary for the court to make such review, and make such determinations the determination within 14 days of after admission, or it the court may hold a hearing within 14 days of after admission. If a notation of the minor's unwillingness appears on the face of the petition, or that if a hearing has been requested by the minor, the minor's counsel, guardian ad litem, parent or guardian, the court shall hold a hearing and appoint counsel or a guardian ad litem for the minor as provided in s. 51.13 (4) (d). At the conclusion of the hearing, the court shall approve or disapprove the request for transfer. If the minor is under the continuing jurisdiction of the court of another county, the court may order the case transferred together with all appropriate records to that court.

AB100-ASA1-AA8, s. 2120v Section 2120v. 51.35 (3) (g) of the statutes is amended to read:

AB100-ASA1-AA8,185,15 51.35 (3) (g) A parent or guardian of a minor 14 years of age or older who is transferred to a treatment facility under par. (a) may request in writing a return to the juvenile correctional facility or secured child caring institution, as defined in s. 938.02 (15g). In the case of a minor under 14 years of age, the parent or guardian may make the request. Upon receipt of a request for return from a minor 14 years of age or over, the director shall immediately notify the minor's parent or guardian. The minor shall be returned to the juvenile correctional facility or secured child caring institution within 48 hours after submission of the request unless a petition or statement is filed for emergency detention, emergency commitment, involuntary commitment or protective placement.".

AB100-ASA1-AA8,185,16 754. Page 890, line 24: after that line insert:

AB100-ASA1-AA8,185,17 " Section 2156d. 51.61 (6) of the statutes is amended to read:

AB100-ASA1-AA8,186,11 51.61 (6) Subject to the rights of patients provided under this chapter, the department, county departments under s. 51.42 or 51.437 and any agency providing services under an agreement with the department or those county departments have the right to use customary and usual treatment techniques and procedures in a reasonable and appropriate manner in the treatment of patients who are receiving services under the mental health system, for the purpose of ameliorating the conditions for which the patients were admitted to the system. The written, informed consent of any patient shall first be obtained, unless the person is a minor or has been found not competent to refuse medication and treatment under s. 51.61 (1) (g). In the case of a minor, the written, informed consent of the parent or guardian is required. Except, except as provided under an order issued under s. 51.13 (1) (c), 51.14 (3) (h) or (4) (g), if the minor is 14 years of age or older, the written, informed consent of the minor and the minor's parent or guardian is required. A refusal of either a parent or guardian of a minor 14 years of age or older or the minor's parent or guardian to provide written, informed consent for inpatient mental health treatment is reviewable under s. 51.13 (1) (c) and a refusal of a parent or guardian of a minor to provide written, informed consent for outpatient mental health treatment is reviewable under s. 51.14.".

AB100-ASA1-AA8,186,12 755. Page 893, line 17: after that line insert:

AB100-ASA1-AA8,186,13 " Section 2158m. 59.08 (7) (b) of the statutes is amended to read:

AB100-ASA1-AA8,186,23 59.08 (7) (b) The question of the consolidation of the counties shall be submitted to the voters at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held on the first Tuesday in April, or the next regular election, or at a special election to be held on a date specified in the order which shall be no sooner than 45 days after the day fixed in date of the order issued under par. (a), which day date shall be the same in each of the counties proposing to consolidate. A copy of the order shall be filed with the county clerk of each of the counties. If the question of consolidation is submitted at a special election, it shall be held not less than 30 days nor more than 60 days from the completion of the consolidation agreement, but not within 60 days of any spring or general election.".

AB100-ASA1-AA8,186,24 756. Page 900, line 9: delete ", 49.153" and substitute ", 49.153".

AB100-ASA1-AA8,187,1 757. Page 900, line 21: after that line insert:

AB100-ASA1-AA8,187,2 " Section 2169m. 59.54 (8) (a) 4. of the statutes is amended to read:

AB100-ASA1-AA8,187,7 59.54 (8) (a) 4. At least annually, submit to the state emergency response board division of emergency management in the department of military affairs a list of the members of the local emergency planning committee appointed by the county board under this paragraph, including the agency, organization or profession that each member represents.".

AB100-ASA1-AA8,187,8 758. Page 900, line 21: after that line insert:

AB100-ASA1-AA8,187,9 " Section 2169f. 59.53 (13) (title) of the statutes is amended to read:

AB100-ASA1-AA8,187,11 59.53 (13) (title) Subsidy of Payments for abortions and abortion-related activity restricted.

AB100-ASA1-AA8, s. 2169g Section 2169g. 59.53 (13) of the statutes is renumbered 59.53 (13) (a).

AB100-ASA1-AA8, s. 2169h Section 2169h. 59.53 (13) (b) of the statutes is created to read:

AB100-ASA1-AA8,187,17 59.53 (13) (b) No county or agency or subdivision of a county may authorize payment of funds for a grant, subsidy or other funding involving a pregnancy program, project or service if s. 20.9275 (2) applies to the pregnancy program, project or service.".

AB100-ASA1-AA8,187,19 759. Page 901, line 10: delete the material beginning with that line and ending with page 902, line 9.

AB100-ASA1-AA8,187,20 760. Page 902, line 9: after that line insert:

AB100-ASA1-AA8,187,21 " Section 2174pm. 59.692 (1s) of the statutes is created to read:

AB100-ASA1-AA8,188,3 59.692 (1s) (a) Restrictions that are applicable to damaged or destroyed nonconforming structures and that are contained in an ordinance enacted under this section may not prohibit the restoration of a nonconforming structure to the size, subject to par. (b), location or use that the structure had immediately before the damage or destruction occurred or impose any limits on the costs of the repair, reconstruction or improvement if all of the following apply:

AB100-ASA1-AA8,188,5 1. The nonconforming structure was damaged or destroyed after the effective date of this subdivision .... [revisor inserts date].

AB100-ASA1-AA8,188,7 2. The damage or destruction was caused by violent wind, vandalism, fire or a flood.

AB100-ASA1-AA8,188,11 (b) An ordinance enacted under this section to which par. (a) applies shall allow for the size of a structure to be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.".

AB100-ASA1-AA8,188,12 761. Page 902, line 10: delete lines 10 to 15.

AB100-ASA1-AA8,188,13 762. Page 903, line 19: substitute "(e)" for "(c)".