SB44-SSA1,564,1816 50.07 (3) (c) Any person not described in par. (a) or (b) who is retaliated or
17discriminated against in violation of sub. (1) (e) or (em) may commence an action in
18circuit court for damages incurred as a result of the violation.
SB44-SSA1, s. 1476 19Section 1476. 50.14 (title) of the statutes is amended to read:
SB44-SSA1,564,20 2050.14 (title) Assessments on occupied, licensed beds.
SB44-SSA1, s. 1477 21Section 1477. 50.14 (1) (a) of the statutes is amended to read:
SB44-SSA1,564,2522 50.14 (1) (a) Notwithstanding s. 50.01 (1m), "facility" means a nursing home
23or an intermediate care facility for the mentally retarded, which is not state-owned
24or state-operated, federally owned or federally operated or
that is not located outside
25the state.
SB44-SSA1, s. 1478
1Section 1478. 50.14 (2) of the statutes is renumbered 50.14 (2) (intro.) and
2amended to read:
SB44-SSA1,565,203 50.14 (2) (intro.) For the privilege of doing business in this state, there is
4imposed on all occupied, licensed beds of a facility , except occupied, licensed beds for
5which payment is made under 42 USC 1395 to 1395ccc,
an assessment that shall be
6deposited in the general fund and
that is $100 per calendar month per occupied,
7licensed bed of an intermediate care facility for the mentally retarded may not exceed
8$435 in fiscal year 2003-04 and may not exceed $445 in fiscal year 2004-05
and is
9$32
an assessment that may not exceed $75 per calendar month per occupied,
10licensed bed of a nursing home. The assessment shall be on the average number of
11occupied, licensed beds of a facility for the calendar month previous to the month of
12assessment, based on an average daily midnight census computed and reported by
13the facility and verified by the department. Charged bed-hold days for any resident
14of a facility shall be included as one full day in the average daily midnight census

15deposited in the general fund, except that in fiscal year 2003-04, amounts in excess
16of $14,300,000, in fiscal year 2004-05, amounts in excess of $13,800,000, and,
17beginning July 1, 2005, in each fiscal year, amounts in excess of 45% of the money
18received from the assessment shall be deposited in the Medical Assistance trust
19fund
. In determining the number of occupied, licensed beds, if all of the following
20apply:
SB44-SSA1,565,23 21(a) If the amount of the beds is other than a whole number, the fractional part
22of the amount shall be disregarded unless it equals 50% or more of a whole number,
23in which case the amount shall be increased to the next whole number.
SB44-SSA1, s. 1479 24Section 1479. 50.14 (2) (b) of the statutes is created to read:
SB44-SSA1,566,3
150.14 (2) (b) The number of licensed beds of a nursing home includes any
2number of beds that have been delicensed under s. 49.45 (6m) (ap) 1. but not deducted
3from the nursing home's licensed bed capacity under s. 49.45 (6m) (ap) 4. a.
SB44-SSA1, s. 1480 4Section 1480. 50.14 (3) of the statutes is amended to read:
SB44-SSA1,566,115 50.14 (3) By the end of each month, each facility shall submit to the department
6the facility's occupied licensed bed count and the amount due under sub. (2) for each
7occupied licensed bed of the facility for the month preceding the month during which
8the bed count and payment are is being submitted. The department shall verify the
9bed count number of beds licensed and, if necessary, make adjustments to the
10payment, notify the facility of changes in the bed count or payment owing and send
11the facility an invoice for the additional amount due or send the facility a refund.
SB44-SSA1, s. 1481 12Section 1481. 50.14 (4) of the statutes is amended to read:
SB44-SSA1,566,1913 50.14 (4) Sections 77.59 (1) to (5), (6) (intro.), (a) and (c) and (7) to (10), 77.60
14(1) to (7), (9) and (10), 77.61 (9) and (12) to (14) and 77.62, as they apply to the taxes
15under subch. III of ch. 77, apply to the assessment under this section , except that the
16amount of any assessment collected under s. 77.59 (7) in excess of $14,300,000 in
17fiscal year 2003-04, in excess of $13,800,000 in fiscal year 2004-05, and, beginning
18July 1, 2005, in excess of 45% in each fiscal year shall be deposited in the Medical
19Assistance trust fund
.
SB44-SSA1, s. 1482 20Section 1482. 50.38 (4) of the statutes is amended to read:
SB44-SSA1,567,221 50.38 (4) All forfeitures shall be paid to the department within 10 days after
22receipt of notice of assessment or, if the forfeiture is contested under sub. (3), within
2310 days after receipt of the final decision after exhaustion of administrative review,
24unless the final decision is appealed and the order is stayed by court order. The

1department shall remit all forfeitures paid to the state treasurer secretary of
2administration
for deposit in the school fund.
SB44-SSA1, s. 1483 3Section 1483. 50.55 (1) (e) of the statutes is amended to read:
SB44-SSA1,567,84 50.55 (1) (e) All forfeitures shall be paid to the department within 10 days after
5receipt of notice of assessment or, if the forfeiture is contested under par. (d), within
610 days after receipt of the final decision, unless the final decision is appealed and
7the decision is in favor of the appellant. The department shall remit all forfeitures
8paid to the state treasurer secretary of administration for deposit in the school fund.
SB44-SSA1, s. 1484 9Section 1484. 50.90 (2) of the statutes is amended to read:
SB44-SSA1,567,1210 50.90 (2) "Organization" means a public agency, as defined in s. 46.93 (1m) (e)
1146.856 (1) (b), a nonprofit corporation, a for-profit stock corporation, a cooperative,
12a partnership, a limited liability company or a sole proprietorship.
SB44-SSA1, s. 1485 13Section 1485. 50.98 (5) of the statutes is amended to read:
SB44-SSA1,567,2014 50.98 (5) All forfeitures shall be paid to the department within 10 days after
15receipt of notice of assessment or, if the forfeiture is contested under sub. (4), within
1610 days after receipt of the final decision after exhaustion of administrative review,
17unless the final decision is appealed and the order is stayed by court order under the
18same terms and conditions as found in s. 50.03 (11). The department shall remit all
19forfeitures paid to the state treasurer secretary of administration for deposit in the
20school fund.
SB44-SSA1, s. 1486 21Section 1486. 51.06 (1m) (d) of the statutes is amended to read:
SB44-SSA1,567,2422 51.06 (1m) (d) Services for up to 50 individuals with developmental disability
23who are also diagnosed as mentally ill or who exhibit extremely aggressive and
24challenging behaviors.
SB44-SSA1, s. 1487
1Section 1487. 51.06 (3) of the statutes is renumbered 51.06 (3) (a) and
2amended to read:
SB44-SSA1,568,63 51.06 (3) (a) Individuals Subject to par. (b), individuals under the age of 22
4years shall be placed only at the central center for the developmentally disabled
5unless the department authorizes the placement of the individual at the northern or
6southern center for the developmentally disabled.
SB44-SSA1, s. 1488 7Section 1488. 51.06 (3) (b) of the statutes is created to read:
SB44-SSA1,568,108 51.06 (3) (b) An individual may be placed at or transferred to a center for the
9developmentally disabled for services under sub. (1m) (d) only after all of the
10following conditions are met:
SB44-SSA1,568,1211 1. The department determines that a licensed bed and other necessary
12resources are available to provide services to the individual.
SB44-SSA1,568,1413 2. The department and the county of residence of the individual agree on a
14maximum discharge date for the individual.
SB44-SSA1, s. 1489 15Section 1489. 51.06 (5) of the statutes is created to read:
SB44-SSA1,568,2416 51.06 (5) Surcharge for extended intensive treatment. The department may
17impose on a county a progressive surcharge for services under sub. (1m) (d) that an
18individual receives after the maximum discharge date for the individual that was
19agreed upon under sub. (3) (b) 2. The surcharge is 10% of the amount paid for the
20individual's services under s. 49.45 during any part of the first 6-month period
21following the maximum discharge date, and increases by 10% of the amount paid for
22the individual's services under s. 49.45 during any part of each 6-month period
23thereafter. Any revenues received under this subsection shall be credited to the
24appropriation account under s. 20.435 (2) (gL).
SB44-SSA1, s. 1490 25Section 1490. 51.06 (6) of the statutes is created to read:
SB44-SSA1,569,15
151.06 (6) Sale of assets or real property at Northern Center for the
2Developmentally Disabled.
The department may maintain the Northern Center for
3the Developmentally Disabled for the purpose specified in sub. (1), but may sell
4assets or real property of the Northern Center for the Developmentally Disabled. If
5there is any outstanding public debt used to finance the acquisition, construction, or
6improvement of any property that is sold under this subsection, the department shall
7deposit a sufficient amount of the net proceeds from the sale of the property in the
8bond security and redemption fund under s. 18.09 to repay the principal and pay the
9interest on the debt, and any premium due upon refunding any of the debt. If the
10property was purchased with federal financial assistance, the department shall pay
11to the federal government any of the net proceeds required by federal law. If there
12is no such debt outstanding and there are no moneys payable to the federal
13government, or if the net proceeds exceed the amount required to be deposited or paid
14under this subsection, the department shall credit the net proceeds or remaining net
15proceeds to the appropriation account under s. 20.435 (2) (gk).
SB44-SSA1, s. 1490c 16Section 1490c. 51.06 (7) of the statutes is created to read:
SB44-SSA1,569,2317 51.06 (7) Employee or position transfers. The department may not transfer
18an employee of the Northern Center for the Developmentally Disabled to another
19center for the developmentally disabled unless the employee requests the transfer.
20The department may not transfer employee positions from the Northern Center for
21the Developmentally Disabled to another center for the developmentally disabled if
22the position transfer would have the purpose or effect of significantly changing the
23mission of the Northern Center for the Developmentally Disabled.
SB44-SSA1, s. 1491 24Section 1491. 51.20 (13) (c) (intro.) of the statutes is amended to read:
SB44-SSA1,570,2
151.20 (13) (c) (intro.) If disposition is made under par. (a) 3., all of the following
2apply
:
SB44-SSA1, s. 1492 3Section 1492. 51.20 (13) (c) 1. of the statutes is amended to read:
SB44-SSA1,570,94 51.20 (13) (c) 1. The court shall designate the facility or service which that is
5to receive the subject individual into the mental health system, except that, if the
6subject individual is under the age of 22 years and the facility is a center for the
7developmentally disabled, the court shall designate only the central center for the
8developmentally disabled unless the department authorizes designation of the
9northern or southern center for the developmentally disabled;
subject to s. 51.06 (3).
SB44-SSA1, s. 1493 10Section 1493. 51.20 (13) (c) 2. of the statutes is amended to read:
SB44-SSA1,570,1911 51.20 (13) (c) 2. The county department under s. 51.42 or 51.437 shall arrange
12for treatment in the least restrictive manner consistent with the requirements of the
13subject individual in accordance with a court order designating the maximum level
14of inpatient facility, if any, which that may be used for treatment, except that, if the
15subject individual is under the age of 22 years and the facility is a center for the
16developmentally disabled, designation shall be only to the central center for the
17developmentally disabled unless the department authorizes the placement of the
18individual at the northern or southern center for the developmentally disabled; and

19subject to s. 51.06 (3).
SB44-SSA1, s. 1494 20Section 1494. 51.20 (13) (f) of the statutes is amended to read:
SB44-SSA1,571,1021 51.20 (13) (f) The county department under s. 51.42 or 51.437 which that
22receives an individual who is committed by a court under par. (a) 3. is authorized to
23place such the individual in an approved treatment facility, subject to any limitations
24which are specified by the court under par. (c) 2. The county department shall place
25the subject individual in the treatment program and treatment facility which that

1is least restrictive of the individual's personal liberty, consistent with the treatment
2requirements of the individual. The county department shall have has ongoing
3responsibility to review the individual's needs, in accordance with sub. (17), and to
4transfer the person to the least restrictive program consistent with the individual's
5needs. If the subject individual is under the age of 22 years and if the facility
6appropriate for placement or transfer is a center for the developmentally disabled,
7placement or transfer of the individual shall be made only to the central center for
8the developmentally disabled unless the department authorizes the placement or
9transfer to the northern or southern center for the developmentally disabled

10Placement or transfer under this paragraph is subject to s. 51.06 (3).
SB44-SSA1, s. 1495 11Section 1495. 51.35 (1) (a) of the statutes is amended to read:
SB44-SSA1,572,412 51.35 (1) (a) The Subject to pars. (b) and (d), the department or the county
13department under s. 51.42 or 51.437 may transfer any patient or resident who is
14committed to it, or who is admitted to a treatment facility under its supervision or
15operating under an agreement with it, between treatment facilities or from a
16treatment facility into the community if such the transfer is consistent with
17reasonable medical and clinical judgment and, consistent with s. 51.22 (5). The
18transfer shall be made
, and, if the transfer results in a greater restriction of personal
19freedom for the patient or resident,
in accordance with par. (e). Terms and conditions
20which that will benefit the patient or resident may be imposed as part of a transfer
21to a less restrictive treatment alternative. A patient or resident who is committed
22to the department or a county department under s. 51.42 or 51.437 may be required
23to take medications and receive treatment, subject to the right of the patient or
24resident to refuse medication and treatment under s. 51.61 (1) (g) and (h), through
25a community support program as a term or condition of a transfer. The patient or

1resident shall be informed at the time of transfer of the consequences of violating
2such the terms and conditions of the transfer, including possible transfer back to a
3facility which treatment facility that imposes a greater restriction on personal
4freedom of the patient or resident.
SB44-SSA1, s. 1496 5Section 1496. 51.35 (1) (b) of the statutes is renumbered 51.35 (1) (b) 1. and
6amended to read:
SB44-SSA1,572,127 51.35 (1) (b) 1. In addition to the requirements in par. (a), a Except as provided
8in pars. (c) and (d), a
transfer of a patient in a mental health institute or center for
9the developmentally disabled
by the department is subject to the approval of the
10appropriate county department under ss. 51.42 and 51.437 to which the patient was
11committed or through which the patient was admitted to the facility, if any mental
12health institute
.
SB44-SSA1, s. 1496c 13Section 1496c. 51.35 (1) (b) 2. of the statutes is created to read:
SB44-SSA1,572,1814 51.35 (1) (b) 2. Except as provided in pars. (c) and (d), a transfer of a resident
15of a center for the developmentally disabled by the department is subject to the
16approval of the appropriate county department under s. 51.42 or 51.437 to which the
17resident was committed or through which the resident was admitted to the center
18and to the approval of the resident's guardian.
SB44-SSA1, s. 1497 19Section 1497. 51.35 (1) (bm) of the statutes is amended to read:
SB44-SSA1,572,2520 51.35 (1) (bm) Notwithstanding par. (b), transfer Transfer of a patient under
21the age of 22 years
resident by a county department to a center for the
22developmentally disabled may be made only to the central center for the
23developmentally disabled unless the department authorizes the transfer of the
24patient to the northern or southern center for the developmentally disabled
is subject
25to s. 51.06 (3)
.
SB44-SSA1, s. 1498
1Section 1498. 51.35 (1) (c) of the statutes is amended to read:
SB44-SSA1,573,102 51.35 (1) (c) The department may, without approval of the county department
3under s. 51.42 or 51.437 and notwithstanding par. (d) 3., transfer any patient from
4a treatment facility to another treatment facility when the condition of the patient
5requires such transfer without delay. The department shall notify the appropriate
6county department under s. 51.42 or 51.437 that the transfer has been made. Any
7patient so transferred may be returned to the treatment facility from which the
8transfer was made, upon orders from the department or the county department
9under s. 51.42 or 51.437, when such the return would be in the best interests of the
10patient.
SB44-SSA1, s. 1499 11Section 1499. 51.35 (1) (d) 1. and 2. of the statutes are amended to read:
SB44-SSA1,573,1512 51.35 (1) (d) 1. The Subject to subd. 2., the department may, without approval
13of the appropriate county department under s. 51.42 or 51.437, transfer any patient
14from a state treatment facility or other inpatient facility to an approved treatment
15facility which is less restrictive of the patient's personal freedom.
SB44-SSA1,573,2216 2. Transfer under this subsection paragraph may be made only if the transfer
17is consistent with the requirements of par. (a), and the department finds that the
18appropriate county department under s. 51.42 or 51.437 is unable to locate an
19approved treatment facility in the community, or that such the county department
20has acted in an arbitrary or capricious manner to prevent the transfer of the patient
21out of the state treatment facility or other inpatient facility contrary to medical and
22clinical judgment.
SB44-SSA1, s. 1499b 23Section 1499b. 51.35 (1) (d) 3. of the statutes is renumbered 51.35 (1) (b) 3.
24and amended to read:
SB44-SSA1,574,7
151.35 (1) (b) 3. A Except as provided in pars. (c) and (d), a transfer of a patient,
2made under authority of this subsection,
in a treatment facility other than as
3specified in subd. 1. or 2.
may be made by the department only after the department
4has notified the appropriate county department under s. 51.42 or 51.437 of its intent
5to transfer a the patient in accordance with this subsection. The patient's guardian,
6if any, or if a minor his or her parent or person in the place of a parent shall be notified
7by the department.
SB44-SSA1, s. 1500 8Section 1500. 51.35 (5) of the statutes is amended to read:
SB44-SSA1,574,169 51.35 (5) Residential living arrangements; transitionary services. The
10department and any person, director or board authorized to discharge or transfer
11patients under this section shall ensure that a proper residential living arrangement
12and the necessary transitionary services are available and provided for the patient
13being discharged or transferred. Under this subsection, a proper residential living
14arrangement may not include a shelter facility, as defined under s. 16.352 560.9808
15(1) (d), unless the discharge or transfer to the shelter facility is made on an
16emergency basis for a period not to exceed 10 days.
SB44-SSA1, s. 1502 17Section 1502. 51.437 (4rm) (c) 2m. of the statutes is amended to read:
SB44-SSA1,574,2218 51.437 (4rm) (c) 2m. Bill the county department of developmental disabilities
19services for services that are not provided by the federal government and that are
20provided under s. 51.06 (1m) (d) to individuals who are eligible for medical assistance
21that are not provided by the federal government, plus any applicable surcharge
22under s. 51.06 (5)
, using the procedure established under subd. 1.
SB44-SSA1, s. 1503 23Section 1503. 51.67 (intro.) of the statutes is amended to read:
SB44-SSA1,575,22 2451.67 Alternate procedure; protective services. (intro.) If, after a hearing
25under s. 51.13 (4) or 51.20, the court finds that commitment under this chapter is not

1warranted and that the subject individual is a fit subject for guardianship and
2protective placement or services, the court may, without further notice, appoint a
3temporary guardian for the subject individual and order temporary protective
4placement or services under ch. 55 for a period not to exceed 30 days. If the court
5orders temporary
Temporary protective placement for an individual under the age
6of 22 years
in a center for the developmentally disabled, this placement may be made
7only at the central center for the developmentally disabled unless the department
8authorizes the placement or transfer to the northern or southern center for the
9developmentally disabled
is subject to s. 51.06 (3). Any interested party may then
10file a petition for permanent guardianship or protective placement or services,
11including medication, under ch. 55. If the individual is in a treatment facility, the
12individual may remain in the facility during the period of temporary protective
13placement if no other appropriate facility is available. The court may order
14psychotropic medication as a temporary protective service under this section if it
15finds that there is probable cause to believe the individual is not competent to refuse
16psychotropic medication and that the medication ordered will have therapeutic
17value and will not unreasonably impair the ability of the individual to prepare for
18and participate in subsequent legal proceedings. An individual is not competent to
19refuse psychotropic medication if, because of chronic mental illness, and after the
20advantages and disadvantages of and alternatives to accepting the particular
21psychotropic medication have been explained to the individual, one of the following
22is true:
SB44-SSA1, s. 1504 23Section 1504. 55.001 of the statutes is amended to read:
SB44-SSA1,576,11 2455.001 Declaration of policy. The legislature recognizes that many citizens
25of the state, because of the infirmities of aging, chronic mental illness, mental

1retardation, other developmental disabilities or like incapacities incurred at any age,
2are in need of protective services. These Except as provided in s. 49.45 (30m) (a),
3these
services should, to the maximum degree of feasibility under programs, services
4and resources that the county board of supervisors is reasonably able to provide
5within the limits of available state and federal funds and of county funds required
6to be appropriated to match state funds, allow the individual the same rights as other
7citizens, and at the same time protect the individual from exploitation, abuse and
8degrading treatment. This chapter is designed to establish those services and assure
9their availability to all persons when in need of them, and to place the least possible
10restriction on personal liberty and exercise of constitutional rights consistent with
11due process and protection from abuse, exploitation and neglect.
SB44-SSA1, s. 1505 12Section 1505. 55.01 (4g) of the statutes is created to read:
SB44-SSA1,576,1313 55.01 (4g) "Intermediate facility" has the meaning given in s. 46.279 (1) (a).
SB44-SSA1, s. 1506 14Section 1506. 55.01 (4t) of the statutes is created to read:
SB44-SSA1,576,1515 55.01 (4t) "Nursing facility" has the meaning given in s. 46.279 (1) (b).
SB44-SSA1, s. 1507 16Section 1507. 55.045 of the statutes is amended to read:
SB44-SSA1,577,2 1755.045 Funding. The Except as provided in s. 49.45 (30m) (a), the appropriate
18county department designated under s. 55.02 shall within the limits of available
19state and federal funds and of county funds required to be appropriated to match
20state funds, provide for the reasonable program needs of persons who are
21protectively placed or who receive protective services under this chapter, including
22reasonable expenses for the evaluations required by s. 55.06 (8). Payment and
23collections for protective placement or protective services provided in public facilities
24specified in s. 46.10 shall be governed in accordance with s. 46.10. The department
25may require that a person who is protectively placed or receives protective services

1under this chapter provide reimbursement for services or care and custody received,
2based on the ability of the person to pay for such costs.
SB44-SSA1, s. 1508 3Section 1508. 55.06 (5) of the statutes is amended to read:
SB44-SSA1,578,34 55.06 (5) Notice of a petition for placement shall be served upon the person
5sought to be placed, by personal service, at least 10 days prior to the time set for a
6hearing. Upon service of the notice, the person sought to be protected shall be
7informed of the complete contents of the notice. The person serving the notice shall
8return a certificate to the circuit judge verifying that the petition has been delivered
9and notice given. The notice shall include the names of all petitioners. Notice shall
10also be served personally or by mail upon the person's guardian ad litem, legal
11counsel, guardian, if any, presumptive adult heirs, and upon other persons who have
12physical custody of the person to be protected whose names and addresses are known
13to the petitioner or can with reasonable diligence be ascertained, to any
14governmental or private body or group from whom the person to be protected is
15known to be receiving aid, and to such other persons or entities as the court may
16require. Notice shall also be served personally or by mail upon the department at
17least 10 days prior to the time set for hearing if the person sought to be protected may
18be placed in a center for the developmentally disabled. The department shall be
19allowed to submit oral or written testimony regarding such a placement at the
20hearing.
Notice shall also be served personally or by mail, at least 10 days before the
21time set for hearing, upon the county department that is participating in the
22program under s. 46.278 of the county of residence of the person sought to be
23protected, if the person has a developmental disability and may be placed in an
24intermediate facility or a nursing facility, except that, for a person sought to be
25protected to whom s. 46.279 (4m) applies, this notice shall instead be served on the

1department.
The incompetent or proposed incompetent is presumed able to attend
2the hearing unless, after a personal interview, the guardian ad litem certifies to the
3court that the person is unable to attend.
SB44-SSA1, s. 1509 4Section 1509. 55.06 (8) (intro.) of the statutes is amended to read:
SB44-SSA1,579,45 55.06 (8) (intro.) Before ordering the protective placement of any individual,
6the court shall direct a comprehensive evaluation of the person in need of placement,
7if such an evaluation has not already been made. The court may utilize available
8multidisciplinary resources in the community in determining the need for
9placement. The board designated under s. 55.02 or an agency designated by it shall
10cooperate with the court in securing available resources. Where applicable by reason
11of the particular disability, the appropriate board designated under s. 55.02 or an
12agency designated by it having responsibility for the place of legal residence of the
13individual as provided in s. 49.001 (6) shall make a recommendation for placement.
14If the court is considering placement of the individual in a center for the
15developmentally disabled, the court shall request a statement or testimony from the
16department regarding whether the placement is appropriate for the person's needs
17and whether it is consistent with the purpose of the center under s. 51.06 (1) unless
18testimony was provided by the department under sub. (5)
. If the individual has a
19developmental disability and the court is considering placement of the individual in
20an intermediate facility or a nursing facility, the court shall request a statement or
21testimony from the county department of the individual's county of residence that is
22participating in the program under s. 46.278 as to whether the individual's needs
23could be met in a noninstitutional setting, except that, if s. 46.279 (4m) applies to the
24individual, the court shall request the statement or testimony from the department,
25rather than the county department
. A copy of the comprehensive evaluation shall be

1provided to the guardian, the guardian ad litem, and to the individual or attorney
2at least 96 hours in advance of the hearing to determine placement. The court or the
3cooperating agency obtaining the evaluation shall request appropriate information
4which shall include at least the following:
SB44-SSA1, s. 1510 5Section 1510. 55.06 (9) (a) of the statutes is amended to read:
SB44-SSA1,580,186 55.06 (9) (a) The court may order protective services under s. 55.05 (2) (d) as
7an alternative to placement. When ordering placement, the court, on the basis of the
8evaluation and other relevant evidence, shall order the appropriate board specified
9under s. 55.02 or an agency designated by it to protectively place the individual.
10Placement by the appropriate board or designated agency is subject to s. 46.279 and
11shall be made in the least restrictive environment consistent with the needs of the
12person to be placed and with the placement resources of the appropriate board
13specified under s. 55.02. Factors to be considered in making protective placement
14shall include the needs of the person to be protected for health, social, or
15rehabilitative services; the level of supervision needed; the reasonableness of the
16placement given the cost and the actual benefits in the level of functioning to be
17realized by the individual; the limits of available state and federal funds and of
18county funds required to be appropriated to match state funds; and the
19reasonableness of the placement given the number or projected number of
20individuals who will need protective placement and given the limited funds
21available. The Except as provided in s. 49.45 (30m), the county may not be required
22to provide funding, in addition to its funds that are required to be appropriated to
23match state funds, in order to protectively place an individual. Placement under this
24section does not replace commitment of a person in need of acute psychiatric
25treatment under s. 51.20 or 51.45 (13). Placement Subject to s. 46.279, placement

1may be made to such facilities as nursing homes, public medical institutions, centers
2for the developmentally disabled under the requirements of s. 51.06 (3), foster care
3services and other home placements, or to other appropriate facilities but may not
4be made to units for the acutely mentally ill. If the appropriate board or designated
5agency proposes to place an individual who has a developmental disability in an
6intermediate facility or a nursing facility under an order under this paragraph, the
7county department, or, if s. 46.279 (4m) applies to the individual, the department or
8the department's contractor shall develop a plan under s. 46.279 (4) and furnish the
9plan to the board or agency and to the individual's guardian. The board or agency
10shall place the individual in a noninstitutional community setting in accord with the
11plan unless the court finds that placement in the intermediate facility or nursing
12facility is the most integrated setting, as defined in s. 46.279 (1) (bm), that is
13appropriate to the needs of the individual taking into account information presented
14by all affected parties.
The prohibition of placements in units for the acutely
15mentally ill does not prevent placement by a court for short-term diagnostic
16procedures under par. (d). Placement in a locked unit shall require a specific finding
17of the court as to the need for such action. A placement facility may transfer a patient
18from a locked unit to a less restrictive environment without court approval.
SB44-SSA1, s. 1511 19Section 1511. 55.06 (9) (b) of the statutes is amended to read:
SB44-SSA1,581,1820 55.06 (9) (b) Transfer may be made between placement units or from a
21placement unit to a medical facility other than those specified in pars. (c) to (e) by a
22guardian or placement facility without approval by a court. When transfer is made
23by a placement facility, 24 hours' prior written notice of the transfer shall be provided
24to the guardian, when feasible. If it is not feasible to notify the guardian in advance,
25written notice shall be provided immediately upon transfer, and notice shall also be

1provided to the court and to the board designated under s. 55.02 or an agency
2designated by it within a reasonable time, not to exceed 48 hours from the time of the
3transfer. Upon petition to a court by a guardian, ward, or attorney, or other
4interested person specifying objections to a transfer, or if the person is transferred
5to an intermediate facility or to a nursing facility
, the court shall order a hearing,
6within 96 hours after filing of the petition, to determine whether there is probable
7cause to believe that the transfer is consistent with the requirements specified in par.
8(a) and is necessary for the best interests of the ward or, if the person is transferred
9to an intermediate facility or to a nursing facility, to determine if the intermediate
10facility or nursing facility is the most integrated setting, as defined in s. 46.279 (1)
11(bm), that is appropriate to the needs of the ward taking into account information
12presented by all affected parties
. The court shall notify the ward, guardian, and
13petitioner of the time and place of the hearing, and a guardian ad litem shall be
14appointed to represent the ward. If the person is an adult who is indigent, the county
15of legal settlement shall be liable for guardian ad litem fees. If the person is a child,
16the person's parents or the county of legal settlement shall be liable for guardian ad
17litem fees as provided in s. 48.235 (8). The petitioner, ward, and guardian shall have
18the right to attend, and to present and cross-examine witnesses.
SB44-SSA1, s. 1512 19Section 1512. 55.06 (9) (c) of the statutes is amended to read:
SB44-SSA1,582,220 55.06 (9) (c) Transfer Subject to s. 46.279, transfer to a more restrictive
21placement, including a locked unit, may be made with notice to the guardian, the
22court and appropriate board designated under s. 55.02 or an agency designated by
23it in the manner prescribed in par. (b). Upon petition by a guardian, ward or attorney,
24or other interested person specifying objections to the transfer or if the person has

1a developmental disability and is transferred to an intermediate facility or a nursing
2facility
, the court shall order a hearing as provided in par. (b).
SB44-SSA1, s. 1513 3Section 1513. 55.06 (10) (a) of the statutes is renumbered 55.06 (10) (a) 1.
SB44-SSA1, s. 1514 4Section 1514. 55.06 (10) (a) 2. of the statutes is created to read:
SB44-SSA1,582,175 55.06 (10) (a) 2. If the person has a developmental disability and is placed in
6an intermediate facility or a nursing facility, the agency that is responsible for the
7protective placement shall notify in writing the county department of the county of
8residence of the person that is participating in the program under s. 46.278 or, if s.
946.279 (4m) applies to the person, the department, at least 120 days before the
10review. The county department so notified or, if s. 46.279 (4m) applies, the
11department's contractor shall develop a plan under s. 46.279 (4) and furnish the plan
12to the court that ordered the placement and to the person's guardian. The court shall
13order that the person be transferred to the noninstitutional community setting in
14accordance with the plan unless the court finds that placement in the intermediate
15facility or nursing facility is the most integrated setting, as defined in s. 46.279 (1)
16(bm), that is appropriate to the needs of the person taking into account information
17presented by all affected parties.
SB44-SSA1, s. 1515 18Section 1515. 55.06 (11) (c) of the statutes is amended to read:
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