AB1114: Bill Text

The bill specifies that the residence of a person who is committed under ch. 51 and who is placed in a facility in another county by a county developmental disabilities board does not transfer to the county of the facility's location while the person is under commitment.

AB1114, s. 1 Section 1. 46.266 (4) (b) of the statutes is amended to read:

AB1114,4,5 46.266 (4) (b) If Notwithstanding s. 51.40 (2), if the department is unable to determine the county of residence under par. (a), the county department of the county in which is located the facility where the person resided on the date of the finding by the federal health care financing administration or the department.

AB1114, s. 2 Section 2. 46.27 (6g) (c) of the statutes is amended to read:

AB1114,4,10 46.27 (6g) (c) For a person living in a nursing home , except a state-operated long-term care facility, whose legal residence is established in another county, the county in which the legal of residence is established is the county of for purposes of fiscal responsibility is determined under s. 51.40.

AB1114, s. 3 Section 3. 51.01 (4g) of the statutes is created to read:

AB1114,4,13 51.01 (4g) "County of residence" means the county that is determined under s. 51.40 to be the county of residence.

AB1114, s. 4 Section 4. 51.01 (4r) of the statutes is created to read:

AB1114,4,18 51.01 (4r) "Degenerative brain disorder" means the loss or dysfunction of brain cells to the extent that the individual is substantially impaired in his or her ability to provide adequately for his or her own care or custody or to manage adequately his or her property or financial affairs.

AB1114, s. 5 Section 5. 51.01 (14) of the statutes is amended to read:

AB1114,5,2 51.01 (14) "Residence", "legal residency" or "county of residence" has the meaning given under s. 49.001 (6).

AB1114, s. 6 Section 6. 51.01 (14t) of the statutes is created to read:

AB1114,5,12 51.01 (14t) "Serious and persistent mental illness" means a mental illness that is severe in degree and persistent in duration, that causes a substantially diminished level of functioning in the primary aspects of daily living and an inability to cope with the ordinary demands of life, that may lead to an inability to maintain stable adjustment and independent functioning without long-term treatment and support, and that may be of lifelong duration. "Serious and persistent mental illness" includes schizophrenia as well as a wide spectrum of psychotic and other severely disabling psychiatric diagnostic categories, but does not include degenerative brain disorder or a primary diagnosis of a developmental disability or of alcohol or drug dependence.

AB1114, s. 7 Section 7. 51.05 (2) of the statutes is amended to read:

AB1114,5,23 51.05 (2) Admissions authorized by counties. The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under s. 51.42 in the county where the person has legal residency of residence authorizes the care, as provided in s. 51.42 (3) (as). Patients who are committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06 or 980.06, admitted by the department under s. 975.17, 1977 stats., or are transferred from a secured correctional facility, a secured child caring institution or a secured group home to a state treatment facility under s. 51.35 (3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are not subject to this section.

AB1114, s. 8 Section 8. 51.13 (4) (h) 2. of the statutes is amended to read:

AB1114,6,7 51.13 (4) (h) 2. Order the petition to be treated as a petition for involuntary commitment and refer it to the court where the review under this section was held, or if it was not held in the county of legal residence of the subject individual's parent or guardian and hardship would otherwise occur and if the best interests of the subject individual would be served thereby, to the court assigned to exercise jurisdiction under chs. 48 and 938 in such county for a hearing under s. 51.20 or 51.45 (13).

AB1114, s. 9 Section 9. 51.20 (1) (c) of the statutes is amended to read:

AB1114,7,2 51.20 (1) (c) The petition shall contain the names and mailing addresses of the petitioners and their relation to the subject individual, and shall also contain the names and mailing addresses of the individual's spouse, adult children, parents or guardian, custodian, brothers, sisters, person in the place of a parent and person with whom the individual resides or lives. If this information is unknown to the petitioners or inapplicable, the petition shall so state. The petition may be filed in the court assigned to exercise probate jurisdiction for the county where the subject individual is present or the county of the individual's legal residence of the individual. If the judge of the court or a circuit court commissioner who handles probate matters is not available, the petition may be filed and the hearing under sub. (7) may be held before a judge or circuit court commissioner of any circuit court for the county. For the purposes of this chapter, duties to be performed by a court shall be carried out by the judge of the court or a circuit court commissioner of the court who is designated by the chief judge to so act, in all matters prior to a final hearing under this section. The petition shall contain a clear and concise statement of the facts which constitute probable cause to believe the allegations of the petition. The petition shall be sworn to be true. If a petitioner is not a petitioner having personal knowledge as provided in par. (b), the petition shall contain a statement providing the basis for his or her belief.

AB1114, s. 10 Section 10. 51.20 (9) (a) 3. of the statutes is amended to read:

AB1114,7,9 51.20 (9) (a) 3. If requested by the subject individual, the individual's attorney, or any other interested party with court permission, the individual has a right at his or her own expense or, if indigent and with approval of the court hearing the petition, at the reasonable expense of the individual's county of legal residence, to secure an additional medical or psychological examination and to offer the evaluator's personal testimony as evidence at the hearing.

AB1114, s. 11 Section 11. 51.20 (13) (g) 4. of the statutes is created to read:

AB1114,7,15 51.20 (13) (g) 4. The county department under s. 51.42 or 51.437 to which an individual is committed under par. (a) 3. retains financial responsibility for the individual when the individual voluntarily moves to another county until venue for the individual is transferred to the county where the individual is residing or until the individual is no longer a proper subject of continued commitment.

AB1114, s. 12 Section 12. 51.20 (18) (d) of the statutes is amended to read:

AB1114,8,2 51.20 (18) (d) If the subject individual has a legal residence in a county individual's county of residence is other than the county from which he or she is detained, committed or discharged, that county shall reimburse the county from which the individual was detained, committed or discharged for all expenses under pars. (a) to (c). The county clerk on each July 1 shall submit evidences of payments of all such proceedings on nonresident payments to the department, which shall certify such expenses for reimbursement in the form of giving credits to the detaining, committing or discharging county and assessing such costs against the county of legal residence or against the state at the time of the next apportionment of charges and credits under s. 70.60.

AB1114, s. 13 Section 13. 51.22 (4) of the statutes is amended to read:

AB1114,8,9 51.22 (4) If a patient is placed under involuntary commitment or protectively placed in a facility authorized by a county department under s. 51.42 or 51.437 and such the placement or protective placement is outside the jurisdiction of that county department under s. 51.42 or 51.437, the placement or protective placement does not transfer the patient's legal residence to the county of the facility's location while such the patient is under involuntary commitment or protective placement.

AB1114, s. 14 Section 14. 51.37 (5) (c) of the statutes is amended to read:

AB1114,8,16 51.37 (5) (c) No state treatment facility may accept for admission an individual who is being transferred from a county jail under par. (a) or (b) without the approval of the county department under s. 51.42 or 51.437 of the county in which the jail is located. No state treatment facility may retain such an individual beyond 72 hours without the approval of the county department under s. 51.42 or 51.437 of the county where of residence of the transferred individual has legal residence.

AB1114, s. 15 Section 15. 51.40 (title) of the statutes is repealed and recreated to read:

AB1114,8,19 51.40 (title) Determination of residence for certain adults; county of responsibility.

AB1114, s. 16 Section 16. 51.40 (1) (e) of the statutes is amended to read:

AB1114,8,23 51.40 (1) (e) "County of responsibility" means the county responsible for funding the provision of care, treatment, or services under this chapter or ch. 46 or 55 to an individual.

AB1114, s. 17 Section 17. 51.40 (1) (em) of the statutes is created to read:

AB1114,9,2 51.40 (1) (em) "Facility" means a place, other than a hospital, that is licensed, registered, certified, or approved by the department or a county under ch. 50 or 51.

AB1114, s. 18 Section 18. 51.40 (1) (hm) of the statutes is created to read:

AB1114,9,8 51.40 (1) (hm) "Other like incapacities" means those conditions incurred at any age that are the result of accident, organic brain damage, mental or physical disability, or continued consumption or absorption of substances, producing a condition that substantially impairs an individual from adequately providing for his or her care or custody.

AB1114, s. 19 Section 19. 51.40 (1) (k) of the statutes is created to read:

AB1114,9,10 51.40 (1) (k) "Voluntary" has the meaning specified under s. 49.001 (8).

AB1114, s. 20 Section 20. 51.40 (2) (intro.) of the statutes is amended to read:

AB1114,9,18 51.40 (2) Determination of county of residence. (intro.) For purposes of determining responsibility for funding the provision of services under chs. 46, 51 and 55, the The county of residence of individuals an individual aged 18 or older with a developmental disability or chronic, serious and persistent mental illness in state facilities or nursing homes, degenerative brain disorder, or other like incapacity who is residing in a facility is the county of responsibility for the individual. The county of residence shall be determined as follows:

AB1114, s. 21 Section 21. 51.40 (2) (a) of the statutes is amended to read:

AB1114,9,25 51.40 (2) (a) Directed placement. 1. `Commitment or protection protective placement or protective services.' If an individual is under a court order of commitment under this chapter or protective placement or protective services under s. 55.06 ch. 55, the individual remains a resident of the county in which he or she has residence at the time the initial commitment or initial order for protective placement or protective services is made. If the court makes no specific finding of a county of residence, the individual is a resident of the county in which the court is located. The court may make a specific finding of a county of residence, after notice, including notice to the corporation counsel of each affected county by certified mail, after opportunity to be heard has been provided to all affected counties and parties, and if there is no objection. If any affected county or party objects to the court's proposed finding of a county of residence, the county or party may request the department to make a determination under par. (g) and any transfer of venue shall be suspended until the determination is final.

AB1114,10,23 2. `Placement by a county.' Except for the provision of emergency services under s. 51.15, 51.42 (1) (b), 51.437 (4) (c), 51.45 (11) and or (12) or 55.06 (11) emergency protective services or emergency or temporary protective placement under ch. 55, if a county department or an agency of a county department arranges places or makes arrangements for placement of the individual into a state facility or nursing home, the individual is a resident of the county of that county department. Any agency of the county department is deemed to be acting on behalf of the county department in arranging placing or making arrangements for placement. Placement of an individual by a county department or an agency of a county department into a facility outside the jurisdiction of the county department or agency does not transfer the individual's legal residence to the county in which the facility is located. If a resident of a county is physically present in another county and is in need of immediate care, the county in which the individual is present may provide for the immediate needs of a person under ss. 51.15, 51.20, 51.42 (1) (b), 51.437 (4) (c), 51.45 (11) and (12), and 880.07 and ch. 55 without becoming the county of residence.

AB1114, s. 22 Section 22. 51.40 (2) (b) (intro.) of the statutes is amended to read:

AB1114,11,2 51.40 (2) (b) Other admissions. (intro.) If par. (a) does not apply, one of the following shall apply the county of residence shall be determined as follows:

AB1114, s. 23 Section 23. 51.40 (2) (b) 1. of the statutes is amended to read:

AB1114,11,9 51.40 (2) (b) 1. `Individuals in state facilities.' An individual who is in a state facility is a resident of the county in which he or she was a resident at the time the admission to the state facility was made. This subdivision may not be applied to change residence from a county, other than the county in which the facility is located, which that has accepted responsibility for or provided services to the individual prior to August 1, 1987 before the effective date of this subdivision .... [revisor inserts date].

AB1114, s. 24 Section 24. 51.40 (2) (b) 2. (intro.) of the statutes is amended to read:

AB1114,11,14 51.40 (2) (b) 2. `Individuals in nursing homes.' (intro.) The following are presumptions regarding the county of residence of an individual in a nursing home that may be overcome by substantial evidence that clearly establishes other county residence:

AB1114,11,18 ag. An individual in a nursing home who was admitted under s. 50.04 (2r) to the nursing home on or after August 1, 1987 the effective date of this subd. 2. ag. .... [revisor inserts date], is a resident of the county which that approved the admission under s. 50.04 (2r).

AB1114,11,24 bg. An individual residing in a nursing home on or before August 1, 1987 the effective date of this subd. 2. bg. .... [revisor inserts date], is presumed to be a resident of the county in which the individual is physically present unless another county accepts the individual as a resident. The presumption of residence may be overcome by substantial evidence which clearly establishes residence in another county in one of the following ways:

AB1114, s. 25 Section 25. 51.40 (2) (b) 2. a. of the statutes is renumbered 51.40 (2) (b) 2. cg. and amended to read:

AB1114,12,11 51.40 (2) (b) 2. cg. The If the individual had an established residence in another county prior to entering the nursing home; the individual or the individual's guardian, if any, indicates an intent that the individual will return to that county when the purpose of entering the nursing home has been accomplished or when needed care and services can be obtained in the other that county; and the individual, when capable of indicating intent, or a guardian for the individual, has made no clearly documented expression to a court or county department of an intent to establish residence elsewhere since leaving that county, the individual is a resident of that county.

AB1114, s. 26 Section 26. 51.40 (2) (b) 2. b. of the statutes is renumbered 51.40 (2) (b) 2. dg. and amended to read:

AB1114,12,17 51.40 (2) (b) 2. dg. The If the individual is incapable of indicating intent as determined by the county department, has no guardian, ordinarily resides in another county, and is expected to return to that county within one year, the individual is a resident of that county.

AB1114, s. 27 Section 27. 51.40 (2) (b) 2. c. of the statutes is renumbered 51.40 (2) (b) 2. eg. and amended to read:

AB1114,12,22 51.40 (2) (b) 2. eg. Another If another county has accepted responsibility for or provided services to the individual prior to August 1, 1987 the effective date of this subd. 2. eg. .... [revisor inserts date], the individual is a resident of that county.

AB1114, s. 28 Section 28. 51.40 (2) (b) 2. d. of the statutes is renumbered 51.40 (2) (b) 2. fg. and amended to read:

AB1114,13,7 51.40 (2) (b) 2. fg. The If the individual is incapable of indicating intent; the individual was living in another county outside of a nursing home or state facility on December 1, 1982 the effective date of this subd. 2. fg. .... [revisor inserts date], or under circumstances which that established residence in that county after December 1, 1982 the effective date of this subd. 2. fg. .... [revisor inserts date]; and that county was the last county in which the individual had residence while living outside of a nursing home or state facility, the individual is a resident of that county.

AB1114, s. 29 Section 29. 51.40 (2) (b) 3. of the statutes is created to read:

AB1114,13,12 51.40 (2) (b) 3. `Individuals in facilities.' If subd. 1. or 2. does not apply, an individual who is incapable of indicating intent and is residing in a facility is a resident of the county in which the individual resided before admittance to the facility.

AB1114, s. 30 Section 30. 51.40 (2) (f) of the statutes is repealed and recreated to read:

AB1114,13,15 51.40 (2) (f) Guardian's authority to declare county of residence. A guardian may declare any of the following, under any of the following conditions:

AB1114,13,22 1. The ward's county of residence is the guardian's county of residence, if pars. (a) and (b) do not apply, if the guardian's ward is in a facility and is incapable of indicating intent, and if the guardian is a resident of the county in which the facility is located or states in writing that the ward is expected to return to the guardian's county of residence when the purpose of entering the facility has been accomplished or when needed care and services can be obtained in the guardian's county of residence.

AB1114,13,24 2. The ward's county of residence is the county in which the ward is physically present, if pars. (a) and (b) do not apply and if all of the following apply:

AB1114,13,25 a. The ward's presence in the county is voluntary.

AB1114,14,4 b. There is no current order under ch. 55 in effect with respect to the ward, and the ward is not under an involuntary commitment order to the department of corrections or to a county other than the county in which the ward in physically present.

AB1114,14,5 c. The ward is living in a place of fixed habitation.

AB1114,14,7 d. The guardian states in writing that it is the ward's intent to remain in the county for the foreseeable future.

AB1114,14,15 3. The ward's county of residence is the county specified by the guardian, regardless if a previous determination of county of residence has been made, notwithstanding pars. (a) and (b) for good cause shown, if, in the ward's best interest, the guardian files with the probate court having jurisdiction of the guardianship and protective placement a written statement declaring the ward's domiciliary intent, subject to court approval, and if notice and opportunity to be heard are provided to all affected counties and parties. Notice under this subdivision shall be sent to the corporation counsel of each affected county by certified mail.

AB1114, s. 31 Section 31. 51.40 (2) (g) 1. of the statutes is amended to read:

AB1114,15,2 51.40 (2) (g) 1. An individual, an interested person on behalf of the individual, or any county may request that the department make a determination of the county of responsibility of the individual. Any motion for change of venue pending before the court of jurisdiction shall be stayed until the determination under this paragraph is final. Within 10 days after receiving the request, the department shall provide written notice to the individual, to the individual's guardian, guardian ad litem, and counsel, if any,; to the individual's immediate family members, if they can be located; and to all potentially responsible counties that a determination of county of responsibility shall be made and that written information and comments may be submitted within 30 days after the date on which the notice is sent.

AB1114, s. 32 Section 32. 51.40 (2) (g) 6. of the statutes is created to read:

AB1114,15,11 51.40 (2) (g) 6. The county that is determined to be the county of responsibility shall reimburse any other county for all care, treatment, and services provided by the other county to the individual under ch. 46, 51, or 55. Full reimbursement by the county that is determined to be the county of responsibility shall be made within 120 days following the date of the department's determination of the county of responsibility or within 120 days after the date of the outcome of any appeal of the department's determination that is brought under ch. 227, or by a date or under a schedule of 2 or more payments that is agreed to by both parties.

AB1114, s. 33 Section 33. 55.06 (1) (a) of the statutes is amended to read:

AB1114,15,19 55.06 (1) (a) The board designated under s. 55.02 department, the county department, or an agency designated by it with which the county department contracts under s. 55.02, a guardian, or an interested person may file a petition for appointment of a guardian and for protective services or protective placement for the individual. The department shall provide for a schedule of reimbursement for the cost of such the proceedings based upon the ability to pay of the proposed ward or person individual to be protected.

AB1114, s. 34 Section 34. 55.06 (3) (c) of the statutes is amended to read:

AB1114,15,24 55.06 (3) (c) The A petition under sub. (1) shall be filed in the county of residence of the person individual to be protected, as determined under s. 51.40 or by the individual's guardian or where the individual is physically present due to circumstances including those specified under s. 51.22 (4).

AB1114, s. 35 Section 35. 55.06 (3) (d) of the statutes is created to read:

AB1114,16,15 55.06 (3) (d) The court in which a petition is first filed under par. (c) shall determine venue. The court shall direct that proper notice be given to any potentially responsible or affected county. Proper notice is given to a potentially responsible or affected county if written notice of the proceeding is sent by certified mail to the county's clerk and corporation counsel. After all potentially responsible or affected counties and parties have been given an opportunity to be heard, the court shall determine that venue lies in the county in which the petition is filed under par. (c) or in another county, as appropriate. If the court determines that venue lies in another county, the court shall order the entire record certified to the proper court. A court in which a subsequent petition is filed shall, upon being satisfied of an earlier filing in another court, summarily dismiss the subsequent petition. If any potentially responsible or affected county or party objects to the court's finding of venue, the court may refer the issue to the department for a determination of the county of residence under s. 51.40 (2) (g) and may suspend ruling on the motion for change of venue until the determination under s. 51.40 (2) (g) is final.

AB1114, s. 36 Section 36. 55.06 (8) (intro.) of the statutes is amended to read:

AB1114,17,16 55.06 (8) (intro.) Before ordering the protective placement of any individual, the court shall direct a comprehensive evaluation of the person in need of placement, if such an evaluation has not already been made. The court may utilize available multidisciplinary resources in the community in determining the need for placement. The board designated under s. 55.02 or an agency designated by it shall cooperate with the court in securing available resources. Where applicable by reason of the particular disability, the appropriate board designated under s. 55.02 or an agency designated by it having responsibility for the place of legal residence of the individual as provided in s. 49.001 (6) individual's county of residence shall make a recommendation for placement. If the court is considering placement of the individual in a center for the developmentally disabled, the court shall request a statement or testimony from the department regarding whether the placement is appropriate for the person's needs and whether it is consistent with the purpose of the center under s. 51.06 (1). If the individual has a developmental disability and the court is considering placement of the individual in an intermediate facility or a nursing facility, the court shall request a statement or testimony from the county department of the individual's county of residence that is participating in the program under s. 46.278 as to whether the individual's needs could be met in a noninstitutional setting, except that, if s. 46.279 (4m) applies to the individual, the court shall request the statement or testimony from the department, rather than the county department. A copy of the comprehensive evaluation shall be provided to the guardian, the guardian ad litem, and to the individual or attorney at least 96 hours in advance of the hearing to determine placement. The court or the cooperating agency obtaining the evaluation shall request appropriate information which shall include at least the following:

AB1114, s. 37 Section 37. 880.06 (1) of the statutes is amended to read:

AB1114,18,8 880.06 (1) Original proceeding. The court wherein in which a petition is first filed shall determine venue. The court shall direct that proper notice be given to any potentially responsible or affected county. Proper notice is given to a potentially responsible or affected county if written notice of the proceeding is sent by certified mail to the county's clerk and corporation counsel. After all potentially responsible or affected counties and parties have been given an opportunity to be heard, the court shall determine that venue lies in the county in which the petition is filed under sub. (2) or in another county, as appropriate. If it is determined that venue lies in another county, the court shall order the entire record certified to the proper court. A court wherein in which a subsequent petition is filed shall, upon being if it is satisfied of that an earlier filing took place in another court, summarily dismiss such the petition. If any potentially responsible or affected county or party objects to the court's finding of venue, the court may refer the issue to the department for a determination of the county of residence under s. 51.40 (2) (g) and may suspend ruling on the motion for change of venue until the determination under s. 51.40 (2) (g) is final.

AB1114, s. 38 Section 38. 880.06 (2) of the statutes is repealed and recreated to read:

AB1114,18,12 880.06 (2) Change of residence of ward by guardian. If s. 51.40 (2) (a) or (b) does not apply, a guardian for good cause shown may change a ward's county of residence by filing with the court a written statement as specified in s. 51.40 (2) (f).

AB1114, s. 39 Section 39. 880.33 (2) (a) 3. of the statutes is amended to read:

AB1114,18,19 880.33 (2) (a) 3. If the person is an adult who is indigent, the county of legal settlement residence as determined under s. 51.40 (2) shall be the county liable for any fees due the guardian ad litem and, if counsel was not appointed under s. 977.08, for any legal fees due the person's legal counsel. If the person is a minor, the person's parents or the county of legal settlement shall be liable for any fees due the guardian ad litem as provided in s. 48.235 (8).