AB130-engrossed,97,1124
48.547
(1) Legislative findings and purpose. The legislature finds that the use
25and abuse of alcohol and other drugs by children is a state responsibility of statewide
1dimension. The legislature recognizes that there is a lack of adequate procedures to
2screen, assess and treat children for alcohol and other drug abuse. To reduce the
3incidence of alcohol and other drug abuse by children, the legislature deems it
4necessary to experiment with solutions to the problems of the use and abuse of
5alcohol and other drugs by children by establishing a juvenile alcohol and other drug
6abuse pilot program in a limited number of counties. The purpose of the program is
7to develop intake and court procedures that screen, assess and give new dispositional
8alternatives for children with needs and problems related to the use of alcohol
9beverages or controlled substances who come within the jurisdiction of a court
10assigned to exercise jurisdiction under this chapter
and ch. 938 in the pilot counties
11selected by the department.
AB130-engrossed,97,2013
48.547
(4) Assessment criteria. By September 1, 1988, the department shall
14develop uniform alcohol and other drug abuse assessment criteria to be used in the
15pilot program under ss. 48.245 (2) (a) 3.
, and 48.295 (1)
, 48.32 (1g), 48.343 (10) and
1648.344 (2g). An approved treatment facility that assesses a person under
ss. s. 48.245
17(2) (a) 3.
, or 48.295 (1)
, 48.32 (1g), 48.343 (10) and 48.344 (2g) may not also provide
18the person with treatment unless the department permits the approved treatment
19facility to do both in accordance with the criteria established by rule by the
20department.
AB130-engrossed,98,522
48.57
(1) (a) To investigate the conditions surrounding
delinquent children, 23nonmarital children and children in need of protection or services including
24developmentally disabled children within the county and to take every reasonable
25action within its power to secure for them the full benefit of all laws enacted for their
1benefit. Unless provided by another agency, the county department shall offer social
2services to the caretaker of any child who is referred to it under the conditions
3specified in this paragraph. This duty shall be discharged in cooperation with the
4court and with the public officers or boards legally responsible for the administration
5and enforcement of these laws.
AB130-engrossed,98,119
48.58
(1) (b) Provide care for children in need of protection or services
, and
10delinquent
children juveniles referred by the county department, if the delinquent
11children juveniles are placed in separate facilities;
AB130-engrossed,98,1513
48.58
(1) (c) Provide temporary shelter care for children in need of protection
14or services and delinquent
children juveniles; provided that the delinquent
children 15juveniles are placed in separate facilities.
AB130-engrossed,98,1817
48.58
(1) (d) Provide temporary shelter care for children taken into custody
18under s. 48.19
or 938.19.
AB130-engrossed,99,721
48.59
(1) The county department shall investigate the personal and family
22history and environment of any child transferred to its legal custody or placed under
23its supervision under s.
48.34 (4n) 48.345 and make any physical or mental
24examinations of the child considered necessary to determine the type of care
25necessary for the child. The county department shall screen a child who is examined
1under this subsection to determine whether the child is in need of special treatment
2or care because of alcohol or other drug abuse, mental illness or severe emotional
3disturbance. The county department shall keep a complete record of the information
4received from the court, the date of reception, all available data on the personal and
5family history of the child, the results of all tests and examinations given the child
6and a complete history of all placements of the child while in the legal custody or
7under the supervision of the county department.
AB130-engrossed,99,2511
48.63
(1) Acting pursuant to court order or voluntary agreement, the child's
12parent or guardian or the department, a county department or a child welfare agency
13licensed to place children in foster homes or treatment foster homes may place a child
14or negotiate or act as intermediary for the placement of a child in a foster home,
15treatment foster home or group home. Voluntary agreements under this subsection
16may not be used for placements in facilities other than foster, treatment foster or
17group homes and may not be extended. A foster home or treatment foster home
18placement under a voluntary agreement may not exceed 6 months. A group home
19placement under a voluntary agreement may not exceed 15 days. These time
20limitations do not apply to placements made under
ss. 48.34 and s. 48.345
, 938.183,
21938.34 or 938.345. Voluntary agreements may be made only under this subsection
22and shall be in writing and shall specifically state that the agreement may be
23terminated at any time by the parent or by the child if the child's consent to the
24agreement is required. The child's consent to the agreement is required whenever
25the child is 12 years of age or older.
AB130-engrossed,100,162
48.66
(1) The department shall license and supervise child welfare agencies,
3as required by s. 48.60, group homes, as required by s. 48.625, shelter care facilities,
4as required by s. 48.48 and day care centers, as required by s. 48.65. The department
5may license foster homes or treatment foster homes, as provided by s. 48.62, and may
6license and supervise county departments in accordance with the procedures
7specified in this section and in ss. 48.67 to 48.74.
The department may license a child
8welfare agency to hold in secure custody children under 12 years of age who have
9been convicted under s. 938.183 or adjudicated delinquent under s. 938.34 (4m) and
10placed in a secured child caring institution, and to provide supervision, care and
11maintenance for those children. The department may
also license a child welfare
12agency to hold in secure custody children who have been adjudicated delinquent
13under s.
48.34 (4m) 938.34 (4m) and referred to the child welfare agency by the
14department under the intensive residential aftercare pilot program under
1993
15Wisconsin Act 377, section
9126 (3x), and to provide supervision, care and
16maintenance for those children.
AB130-engrossed,100,2118
48.78
(2) (a) No agency may make available for inspection or disclose the
19contents of any record kept or information received about an individual in its care
20or legal custody, except as provided under
sub. (3) or s. 48.371, 48.38 (5) (b) or (d),
2148.432, 48.433, 48.93 or 48.981 (7) or by order of the court.
AB130-engrossed,101,223
48.78
(2) (ag) Paragraph (a) does not prohibit an agency from making available
24for inspection or disclosing the contents of a record, upon the request of the parent,
25guardian or legal custodian of the child who is the subject of the record or upon the
1request of the child, if 14 years of age or over, to the parent, guardian, legal custodian
2or child.
AB130-engrossed,101,94
48.78
(2) (am) Paragraph (a) does not prohibit an agency from making
5available for inspection or disclosing the contents of a record, upon the written
6permission of the parent, guardian or legal custodian of the child who is the subject
7of the record or upon the written permission of the child, if 14 years of age or over,
8to the person named in the permission if the parent, guardian, legal custodian or
9child specifically identifies the record in the written permission.
AB130-engrossed,102,615
48.78
(3) If a child adjudged delinquent on the basis of a violation of s. 941.10,
16941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28, 941.295,
17941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a),
18943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.60,
19948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured
20correctional facility, has been allowed to leave a secured correctional facility for a
21specified time period and is absent from the facility for more than 12 hours after the
22expiration of the specified period or has run away from the child's placement in the
23community while under corrective sanctions
or youthful offender supervision, the
24department
of health and social services or the department of corrections may
25release the child's name and any information about the child that is necessary for the
1protection of the public or to secure the child's return to the facility or placement.
2The department
of health and social services shall promulgate rules establishing
3guidelines for the release of the child's name or information about the child to the
4public
, except that the department of corrections shall promulgate rules establishing
5guidelines for the release to the public of the name of a child, or information about
6a child, who is a participant in the youthful offender program.
AB130-engrossed,102,16
1048.95 Withdrawal or denial of petition. Except as provided under s. 48.839
11(3) (b), if the petition is withdrawn or denied, the circuit court shall order the case
12transferred to the court assigned to exercise jurisdiction under this chapter
and ch.
13938 for appropriate action, except that if parental rights have been terminated and
14the guardian of the minor is the department, a licensed child welfare agency or a
15county department under s. 48.57 (1) (e) or (hm), the minor shall remain in the legal
16custody of the guardian.
AB130-engrossed, s. 373
18Section
373. 48.992 of the statutes is renumbered 938.992, and 938.992 (1) (a)
19and (b) and (3), as renumbered, are amended to read:
AB130-engrossed,102,2520
938.992
(1) (a) The "appropriate court" of this state to issue a requisition under
21s.
48.991 938.991 (4) is the court assigned to exercise jurisdiction under this chapter
22and ch. 48 for the county of the petitioner's residence, or, if the petitioner is a child
23welfare agency, the court so assigned for the county where the agency has its
24principal office, or, if the petitioner is the department, any court so assigned in the
25state.
AB130-engrossed,103,3
1(b) The "appropriate court" of this state to receive a requisition under s.
48.991 2938.991 (4) or (5) or
48.998 938.998 is the court assigned to exercise jurisdiction
3under this chapter
and ch. 48 for the county where the juvenile is located.
AB130-engrossed,103,7
4(3) Notwithstanding s.
48.991 938.991 (3) (b), "delinquent juvenile" does not
5include a person subject to an order under s. 48.366
who is confined to a state prison
6under s. 302.01 or a person subject to an order under s. 938.34 (4g) who is 17 years
7of age or over.
AB130-engrossed, s. 374
8Section
374. 48.993 of the statutes is renumbered 938.993, and 938.993 (2),
9as renumbered, is amended to read:
AB130-engrossed,103,1710
938.993
(2) The compact administrator shall determine for this state whether
11to receive juvenile probationers and parolees of other states under s.
48.991 938.991 12(7) and shall arrange for the supervision of each such probationer or parolee received,
13either by the department or by a person appointed to perform supervision service for
14the court assigned to exercise jurisdiction under this chapter
and ch. 48 for the
15county where the juvenile is to reside, whichever is more convenient. Those persons
16shall in all such cases make periodic reports to the compact administrator regarding
17the conduct and progress of the juveniles.
AB130-engrossed,104,2
20938.994 Supplementary agreements. The department may enter into
21supplementary agreements with appropriate officials of other states under s.
48.991 22938.991 (10). If the supplementary agreement requires or contemplates the use of
23any institution or facility of this state or the provision of any service by this state, the
24supplementary agreement has no effect until approved by the department or agency
1under whose jurisdiction the institution or facility is operated or which shall be
2charged with the rendering of the service.
AB130-engrossed,104,6
5938.995 Financial arrangements. The expense of returning juveniles to
6this state pursuant to s.
48.991 938.991 shall be paid as follows:
AB130-engrossed,104,16
7(1) In the case of a runaway under s.
48.991 938.991 (4), the court making the
8requisition shall inquire summarily regarding the financial ability of the petitioner
9to bear the expense and if it finds the petitioner is able to do so, shall order the
10petitioner to pay all the expenses of returning the juvenile; otherwise the court shall
11arrange for the transportation at the expense of the county and order that the county
12reimburse the person, if any, who returns the juvenile, for that person's actual and
13necessary expenses; and the court may order that the petitioner reimburse the
14county for so much of the expense as the court finds the petitioner is able to pay. If
15the petitioner fails, without good cause, or refuses to pay that sum, the petitioner
16may be proceeded against for contempt.
AB130-engrossed,105,2
17(2) In the case of an escapee or absconder under s.
48.991 938.991 (5) or (6), if
18the juvenile is in the legal custody of the department, it shall bear the expense of his
19or her return; otherwise the appropriate court shall, on petition of the person entitled
20to the juvenile's custody or charged with his or her supervision, arrange for the
21transportation at the expense of the county and order that the county reimburse the
22person, if any, who returns the juvenile, for the person's actual and necessary
23expenses. In this subsection "appropriate court" means the court which adjudged the
24juvenile to be delinquent or, if the juvenile is under supervision for another state
25under s.
48.991 938.991 (7), then the court assigned to exercise jurisdiction under
1this chapter
and ch. 48 for the county of the juvenile's residence during the
2supervision.
AB130-engrossed,105,16
3(3) In the case of a voluntary return of a runaway without requisition under
4s.
48.991 938.991 (6), the person entitled to the juvenile's legal custody shall pay the
5expense of transportation and the actual and necessary expenses of the person, if
6any, who returns the juvenile; but if the person is financially unable to pay all the
7expenses he or she may petition the court assigned to exercise jurisdiction under this
8chapter
and ch. 48 for the county of the petitioner's residence for an order arranging
9for the transportation as provided in sub. (1). The court shall inquire summarily into
10the financial ability of the petitioner and, if it finds the petitioner is unable to bear
11any or all of the expense, the court shall arrange for the transportation at the expense
12of the county and shall order the county to reimburse the person, if any, who returns
13the juvenile, for the person's actual and necessary expenses. The court may order
14that the petitioner reimburse the county for so much of the expense as the court finds
15the petitioner is able to pay. If the petitioner fails, without good cause, or refuses to
16pay that sum, he or she may be proceeded against for contempt.
AB130-engrossed,105,23
17(4) In the case of a juvenile subject to a petition under s.
48.998 938.998, the
18appropriate court shall arrange for the transportation at the expense of the county
19in which the violation of criminal law is alleged to have been committed and order
20that the county reimburse the person, if any, who returns the juvenile, for the
21person's actual and necessary expenses. In this subsection "appropriate court"
22means the court assigned to exercise jurisdiction under this chapter
and ch. 48 for
23the county in which the violation of criminal law is alleged to have been committed.
AB130-engrossed, s. 379
1Section
379. 48.998 of the statutes is renumbered 938.998, and 938.998 (2),
2as renumbered, is amended to read:
AB130-engrossed,106,123
938.998
(2) All provisions and procedures of s.
48.991 938.991 (5) and (6) shall
4be construed to apply to any juvenile charged with being a delinquent by reason of
5a violation of any criminal law. Any juvenile, charged with being a delinquent by
6reason of violating any criminal law shall be returned to the requesting state upon
7a requisition to the state where the juvenile may be found. A petition in such case
8shall be filed in a court of competent jurisdiction in the requesting state where the
9violation of criminal law is alleged to have been committed. The petition may be filed
10regardless of whether the juvenile has left the state before or after the filing of the
11petition. The requisition described in s.
48.991
938.991 (5) shall be forwarded by the
12judge of the court in which the petition has been filed.
AB130-engrossed,106,2114
49.19
(4) (c) The person having the care and custody of the dependent child
15must be fit and proper to have the child. Aid shall not be denied by the county
16department under s. 46.215 or 46.22 on the grounds that a person is not fit and proper
17to have the care and custody of the child until the county department obtains a
18finding substantiating that fact from a court assigned to exercise jurisdiction under
19ch. chs. 48
and 938 or other court of competent jurisdiction; but in appropriate cases
20it is the responsibility of the county department to petition under ch. 48 or refer the
21case to a proper child protection agency.
AB130-engrossed,106,2423
49.46
(1) (a) 5. Any child in an adoption assistance, foster care or treatment
24foster care placement under ch. 48
or 938, as determined by the department.
AB130-engrossed,107,4
149.80
(7) Individuals in state prisons. No payment under sub. (6) may be made
2to a prisoner who is imprisoned in a state prison under s. 302.01 or to a person placed
3at a secured correctional facility, as defined in s.
48.02 938.02 (15m)
, or a secured
4child caring institution, as defined in s. 938.02 (15g).
AB130-engrossed,107,106
49.90
(1m) Each spouse has an equal obligation to support the other spouse as
7provided in this chapter. Each parent has an equal obligation to support his or her
8minor children as provided in this chapter and
ch.
chs. 48
and 938. Each parent of
9a dependent person under the age of 18 has an equal obligation to support the child
10of the dependent person as provided under sub. (1) (a) 2.
AB130-engrossed,107,2012
50.39
(3) Facilities governed by ss. 45.365, 48.62, 49.14, 49.171, 50.02, 51.09,
1358.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s.
1448.02 938.02 (15m), correctional institutions governed by the department of
15corrections under s. 301.02 and the offices and clinics of persons licensed to treat the
16sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32
17to 50.39 do not abridge the rights of the medical examining board, physical therapists
18affiliated credentialing board, dentistry examining board, pharmacy examining
19board, chiropractic examining board and board of nursing in carrying out their
20statutory duties and responsibilities.
AB130-engrossed,108,522
51.05
(2) The department may not accept for admission to a mental health
23institute any resident person, except in an emergency, unless the county department
24under s. 51.42 in the county where the person has legal residency authorizes the care,
25as provided in s. 51.42 (3) (as). Patients who are committed to the department under
1s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06 or 980.06,
2admitted by the department under s. 975.17, 1977 stats., or are transferred from a
3juvenile correctional facility
or a secured child caring institution, as defined in s.
4938.02 (15g), to a state treatment facility under s. 51.35 (3) or from a jail or prison
5to a state treatment facility under s. 51.37 (5) are not subject to this section.
AB130-engrossed,108,207
51.13
(1) (c) If a minor 14 years of age or older wishes to be admitted to an
8approved inpatient treatment facility but a parent with legal custody or the guardian
9refuses to execute the application for admission or cannot be found, or if there is no
10parent with legal custody, the minor or a person acting on the minor's behalf may
11petition the court assigned to exercise jurisdiction under
ch. chs. 48
and 938 in the
12county of residence of the parent or guardian for approval of the admission. A copy
13of the petition and a notice of hearing shall be served upon the parent or guardian
14at his or her last-known address. If, after hearing, the court determines that the
15parent or guardian's consent is unreasonably withheld or that the parent or guardian
16cannot be found or that there is no parent with legal custody, and that the admission
17is proper under the standards prescribed in sub. (4) (d), it shall approve the minor's
18admission without the parent or guardian's consent. The court may, at the minor's
19request, temporarily approve the admission pending hearing on the petition. If a
20hearing is held under this subsection, no review or hearing under sub. (4) is required.
AB130-engrossed,109,1322
51.13
(4) (a) Within 3 days of the admission of a minor under sub. (1), or within
233 days of application for such admission, whichever occurs first, the treatment
24director of the facility to which the minor is admitted or, in the case of a center for
25the developmentally disabled, the director of the center, shall file a verified petition
1for review of the admission in the court assigned to exercise jurisdiction under
ch. 2chs. 48
and 938 in the county in which the facility is located. The petition shall
3contain: 1) the name, address and date of birth of the minor; 2) the names and
4addresses of the parents or guardian; 3) the facts substantiating the petitioner's
5belief in the minor's need for psychiatric services, or services for developmental
6disability, alcoholism or drug abuse; 4) the facts substantiating the appropriateness
7of inpatient treatment in the inpatient treatment facility; 5) the basis for
the 8petitioner's opinion that inpatient care in the facility is the least restrictive
9treatment consistent with the needs of the minor; and 6) notation of any statement
10made or conduct demonstrated by the minor in the presence of the director or staff
11of the facility indicating that inpatient treatment is against the wishes of the minor.
12A copy of the application for admission and of any relevant professional evaluations
13shall be attached to the petition.
AB130-engrossed,109,1915
51.13
(4) (b) If hardship would otherwise occur and if the best interests of the
16minor would be served thereby, the court may, on its own motion or on the motion of
17any interested party, remove the petition to the court assigned to exercise
18jurisdiction under
ch. chs. 48
and 938 of the county of residence of the parent or
19guardian.
AB130-engrossed,110,1621
51.13
(4) (d) Within 5 days of the filing of the petition, the court assigned to
22exercise jurisdiction under
ch. chs. 48
and 938 shall determine, based on the
23allegations of the petition and accompanying documents, whether the admission is
24voluntary on the part of the minor if the minor is 14 years of age or older and whether
25there is a prima facie showing that the minor is in need of psychiatric services, or
1services for developmental disability, alcoholism or drug abuse, that the treatment
2facility offers inpatient therapy or treatment which is appropriate to the minor's
3needs, and that inpatient care in the treatment facility is the least restrictive therapy
4or treatment consistent with the needs of the minor. If such a showing is made, the
5court shall permit voluntary admission. If the court is unable to make such
6determinations based on the petition and accompanying documents, it shall dismiss
7the petition as provided in par. (h); or order additional information to be produced
8as it deems necessary to make such review, and make such determinations within
914 days of admission or application for admission, whichever is sooner; or it may hold
10a hearing within 14 days of admission or application for admission, whichever is
11sooner. If a notation of the minor's unwillingness appears on the face of the petition,
12or if a hearing has been requested by the minor, the minor's counsel, parent or
13guardian, the court shall hold a hearing to review the admission within 14 days of
14admission or application for admission, whichever is sooner, and shall appoint
15counsel to represent the minor if the minor is unrepresented. If the court deems it
16necessary, it shall also appoint a guardian ad litem to represent the minor.
AB130-engrossed,110,2418
51.13
(4) (h) 2. Order the petition to be treated as a petition for involuntary
19commitment and refer it to the court where the review under this section was held,
20or if it was not held in the county of legal residence of the subject individual's parent
21or guardian and hardship would otherwise occur and if the best interests of the
22subject individual would be served thereby, to the court assigned to exercise
23jurisdiction under
ch chs. 48
and 938 in such county for a hearing under s. 51.20 or
2451.45 (13).
AB130-engrossed,111,5
151.13
(4) (h) 4. If there is a reason to believe the minor is in need of protection
2or services under s. 48.13
or 938.13, dismiss the petition and authorize the filing of
3a petition under s. 48.25 (3)
or 938.25 (3). The court may release the minor or may
4order that the minor be taken and held in custody under s. 48.19 (1) (c)
or 938.19 (1)
5(c).
AB130-engrossed,111,97
51.14
(2) Mental health review officer. Each court assigned to exercise
8jurisdiction under
ch chs. 48
and 938 shall designate a mental health review officer
9to review petitions filed under sub. (3).
AB130-engrossed,111,1511
51.15
(1) (a) (intro.) A law enforcement officer or other person authorized to
12take a child into custody under ch. 48
or 938 may take an individual into custody if
13the officer or person has cause to believe that such individual is mentally ill, drug
14dependent or developmentally disabled, and that the individual evidences any of the
15following:
AB130-engrossed,112,216
3. A substantial probability of physical impairment or injury to himself or
17herself due to impaired judgment, as manifested by evidence of a recent act or
18omission. The probability of physical impairment or injury is not substantial under
19this subdivision if reasonable provision for the individual's protection is available in
20the community and there is a reasonable probability that the individual will avail
21himself or herself of these services or, in the case of a minor, if the individual is
22appropriate for services or placement under s. 48.13 (4) or (11)
or 938.13 (4). Food,
23shelter or other care provided to an individual who is substantially incapable of
24obtaining the care for himself or herself, by any person other than a treatment
1facility, does not constitute reasonable provision for the individual's protection
2available in the community under this subdivision.
AB130-engrossed,112,203
4. Behavior manifested by a recent act or omission that, due to mental illness
4or drug dependency, he or she is unable to satisfy basic needs for nourishment,
5medical care, shelter or safety without prompt and adequate treatment so that a
6substantial probability exists that death, serious physical injury, serious physical
7debilitation or serious physical disease will imminently ensue unless the individual
8receives prompt and adequate treatment for this mental illness or drug dependency.
9No substantial probability of harm under this subdivision exists if reasonable
10provision for the individual's treatment and protection is available in the community
11and there is a reasonable probability that the individual will avail himself or herself
12of these services, if the individual can receive protective placement under s. 55.06 or,
13in the case of a minor, if the individual is appropriate for services or placement under
14s. 48.13 (4) or (11)
or 938.13 (4). The individual's status as a minor does not
15automatically establish a substantial probability of death, serious physical injury,
16serious physical debilitation or serious disease under this subdivision. Food, shelter
17or other care provided to an individual who is substantially incapable of providing
18the care for himself or herself, by any person other than a treatment facility, does not
19constitute reasonable provision for the individual's treatment or protection available
20in the community under this subdivision.
AB130-engrossed,113,622
51.20
(1) (a) 2. b. Evidences a substantial probability of physical harm to other
23individuals as manifested by evidence of recent homicidal or other violent behavior,
24or by evidence that others are placed in reasonable fear of violent behavior and
25serious physical harm to them, as evidenced by a recent overt act, attempt or threat
1to do serious physical harm. In this subd. 2. b., if the petition is filed under a court
2order under s.
48.30 938.30 (5) (c) 1. or (d) 1., a finding by the court exercising
3jurisdiction under
ch. chs. 48
and 938 that the child committed the act or acts alleged
4in the petition under s.
48.12 or 48.13 938.12 or 938.13 (12) may be used to prove that
5the child exhibited recent homicidal or other violent behavior or committed a recent
6overt act, attempt or threat to do serious physical harm.
AB130-engrossed,113,207
c. Evidences such impaired judgment, manifested by evidence of a pattern of
8recent acts or omissions, that there is a substantial probability of physical
9impairment or injury to himself or herself. The probability of physical impairment
10or injury is not substantial under this subd. 2. c. if reasonable provision for the
11subject individual's protection is available in the community and there is a
12reasonable probability that the individual will avail himself or herself of these
13services, if the individual is appropriate for protective placement under s. 55.06 or,
14in the case of a minor, if the individual is appropriate for services or placement under
15s. 48.13 (4) or (11)
or 938.13 (4). The subject individual's status as a minor does not
16automatically establish a substantial probability of physical impairment or injury
17under this subd. 2. c. Food, shelter or other care provided to an individual who is
18substantially incapable of obtaining the care for himself or herself, by a person other
19than a treatment facility, does not constitute reasonable provision for the subject
20individual's protection available in the community under this subd. 2. c.
AB130-engrossed,114,1321
d. Evidences behavior manifested by recent acts or omissions that, due to
22mental illness, he or she is unable to satisfy basic needs for nourishment, medical
23care, shelter or safety without prompt and adequate treatment so that a substantial
24probability exists that death, serious physical injury, serious physical debilitation or
25serious physical disease will imminently ensue unless the individual receives
1prompt and adequate treatment for this mental illness. No substantial probability
2of harm under this subd. 2. d. exists if reasonable provision for the individual's
3treatment and protection is available in the community and there is a reasonable
4probability that the individual will avail himself or herself of these services, if the
5individual is appropriate for protective placement under s. 55.06 or, in the case of a
6minor, if the individual is appropriate for services or placement under s. 48.13 (4) or
7(11)
or 938.13 (4). The individual's status as a minor does not automatically establish
8a substantial probability of death, serious physical injury, serious physical
9debilitation or serious disease under this subd. 2. d. Food, shelter or other care
10provided to an individual who is substantially incapable of obtaining the care for
11himself or herself, by any person other than a treatment facility, does not constitute
12reasonable provision for the individual's treatment or protection available in the
13community under this subd. 2. d.
AB130-engrossed,114,1815
51.20
(1) (b) Each petition for examination shall be signed by 3 adult persons,
16at least one of whom has personal knowledge of the conduct of the subject individual,
17except that this requirement does not apply if the petition is filed pursuant to a court
18order under s.
48.30 938.30 (5) (c) 1. or (d) 1.