AB1114, s. 27 18Section 27. 51.40 (2) (b) 2. c. of the statutes is renumbered 51.40 (2) (b) 2. eg.
19and amended to read:
AB1114,12,2220 51.40 (2) (b) 2. eg. Another If another county has accepted responsibility for or
21provided services to the individual prior to August 1, 1987 the effective date of this
22subd. 2. eg. .... [revisor inserts date], the individual is a resident of that county
.
AB1114, s. 28 23Section 28. 51.40 (2) (b) 2. d. of the statutes is renumbered 51.40 (2) (b) 2. fg.
24and amended to read:
AB1114,13,7
151.40 (2) (b) 2. fg. The If the individual is incapable of indicating intent; the
2individual was living in another county outside of a nursing home or state facility on
3December 1, 1982 the effective date of this subd. 2. fg. .... [revisor inserts date], or
4under circumstances which that established residence in that county after December
51, 1982
the effective date of this subd. 2. fg. .... [revisor inserts date]; and that county
6was the last county in which the individual had residence while living outside of a
7nursing home or state facility, the individual is a resident of that county.
AB1114, s. 29 8Section 29. 51.40 (2) (b) 3. of the statutes is created to read:
AB1114,13,129 51.40 (2) (b) 3. `Individuals in facilities.' If subd. 1. or 2. does not apply, an
10individual who is incapable of indicating intent and is residing in a facility is a
11resident of the county in which the individual resided before admittance to the
12facility.
AB1114, s. 30 13Section 30. 51.40 (2) (f) of the statutes is repealed and recreated to read:
AB1114,13,1514 51.40 (2) (f) Guardian's authority to declare county of residence. A guardian
15may declare any of the following, under any of the following conditions:
AB1114,13,2216 1. The ward's county of residence is the guardian's county of residence, if pars.
17(a) and (b) do not apply, if the guardian's ward is in a facility and is incapable of
18indicating intent, and if the guardian is a resident of the county in which the facility
19is located or states in writing that the ward is expected to return to the guardian's
20county of residence when the purpose of entering the facility has been accomplished
21or when needed care and services can be obtained in the guardian's county of
22residence.
AB1114,13,2423 2. The ward's county of residence is the county in which the ward is physically
24present, if pars. (a) and (b) do not apply and if all of the following apply:
AB1114,13,2525 a. The ward's presence in the county is voluntary.
AB1114,14,4
1b. There is no current order under ch. 55 in effect with respect to the ward, and
2the ward is not under an involuntary commitment order to the department of
3corrections or to a county other than the county in which the ward in physically
4present.
AB1114,14,55 c. The ward is living in a place of fixed habitation.
AB1114,14,76 d. The guardian states in writing that it is the ward's intent to remain in the
7county for the foreseeable future.
AB1114,14,158 3. The ward's county of residence is the county specified by the guardian,
9regardless if a previous determination of county of residence has been made,
10notwithstanding pars. (a) and (b) for good cause shown, if, in the ward's best interest,
11the guardian files with the probate court having jurisdiction of the guardianship and
12protective placement a written statement declaring the ward's domiciliary intent,
13subject to court approval, and if notice and opportunity to be heard are provided to
14all affected counties and parties. Notice under this subdivision shall be sent to the
15corporation counsel of each affected county by certified mail.
AB1114, s. 31 16Section 31. 51.40 (2) (g) 1. of the statutes is amended to read:
AB1114,15,217 51.40 (2) (g) 1. An individual, an interested person on behalf of the individual,
18or any county may request that the department make a determination of the county
19of responsibility of the individual. Any motion for change of venue pending before
20the court of jurisdiction shall be stayed until the determination under this paragraph
21is final.
Within 10 days after receiving the request, the department shall provide
22written notice to the individual, to the individual's guardian, guardian ad litem, and
23counsel,
if any,; to the individual's immediate family members, if they can be located;
24and to all potentially responsible counties that a determination of county of

1responsibility shall be made and that written information and comments may be
2submitted within 30 days after the date on which the notice is sent.
AB1114, s. 32 3Section 32. 51.40 (2) (g) 6. of the statutes is created to read:
AB1114,15,114 51.40 (2) (g) 6. The county that is determined to be the county of responsibility
5shall reimburse any other county for all care, treatment, and services provided by the
6other county to the individual under ch. 46, 51, or 55. Full reimbursement by the
7county that is determined to be the county of responsibility shall be made within 120
8days following the date of the department's determination of the county of
9responsibility or within 120 days after the date of the outcome of any appeal of the
10department's determination that is brought under ch. 227, or by a date or under a
11schedule of 2 or more payments that is agreed to by both parties.
AB1114, s. 33 12Section 33. 55.06 (1) (a) of the statutes is amended to read:
AB1114,15,1913 55.06 (1) (a) The board designated under s. 55.02 department, the county
14department,
or an agency designated by it with which the county department
15contracts under s. 55.02, a guardian, or an interested person
may file a petition for
16appointment of a guardian and for protective services or protective placement for the
17individual
. The department shall provide for a schedule of reimbursement for the
18cost of such the proceedings based upon the ability to pay of the proposed ward or
19person individual to be protected.
AB1114, s. 34 20Section 34. 55.06 (3) (c) of the statutes is amended to read:
AB1114,15,2421 55.06 (3) (c) The A petition under sub. (1) shall be filed in the county of
22residence of the person individual to be protected, as determined under s. 51.40 or
23by the individual's guardian or where the individual is physically present due to
24circumstances including those specified under s. 51.22 (4)
.
AB1114, s. 35 25Section 35. 55.06 (3) (d) of the statutes is created to read:
AB1114,16,15
155.06 (3) (d) The court in which a petition is first filed under par. (c) shall
2determine venue. The court shall direct that proper notice be given to any potentially
3responsible or affected county. Proper notice is given to a potentially responsible or
4affected county if written notice of the proceeding is sent by certified mail to the
5county's clerk and corporation counsel. After all potentially responsible or affected
6counties and parties have been given an opportunity to be heard, the court shall
7determine that venue lies in the county in which the petition is filed under par. (c)
8or in another county, as appropriate. If the court determines that venue lies in
9another county, the court shall order the entire record certified to the proper court.
10A court in which a subsequent petition is filed shall, upon being satisfied of an earlier
11filing in another court, summarily dismiss the subsequent petition. If any
12potentially responsible or affected county or party objects to the court's finding of
13venue, the court may refer the issue to the department for a determination of the
14county of residence under s. 51.40 (2) (g) and may suspend ruling on the motion for
15change of venue until the determination under s. 51.40 (2) (g) is final.
AB1114, s. 36 16Section 36. 55.06 (8) (intro.) of the statutes is amended to read:
AB1114,17,1617 55.06 (8) (intro.) Before ordering the protective placement of any individual,
18the court shall direct a comprehensive evaluation of the person in need of placement,
19if such an evaluation has not already been made. The court may utilize available
20multidisciplinary resources in the community in determining the need for
21placement. The board designated under s. 55.02 or an agency designated by it shall
22cooperate with the court in securing available resources. Where applicable by reason
23of the particular disability, the appropriate board designated under s. 55.02 or an
24agency designated by it having responsibility for the place of legal residence of the
25individual as provided in s. 49.001 (6) individual's county of residence shall make a

1recommendation for placement. If the court is considering placement of the
2individual in a center for the developmentally disabled, the court shall request a
3statement or testimony from the department regarding whether the placement is
4appropriate for the person's needs and whether it is consistent with the purpose of
5the center under s. 51.06 (1). If the individual has a developmental disability and
6the court is considering placement of the individual in an intermediate facility or a
7nursing facility, the court shall request a statement or testimony from the county
8department of the individual's county of residence that is participating in the
9program under s. 46.278 as to whether the individual's needs could be met in a
10noninstitutional setting, except that, if s. 46.279 (4m) applies to the individual, the
11court shall request the statement or testimony from the department, rather than the
12county department. A copy of the comprehensive evaluation shall be provided to the
13guardian, the guardian ad litem, and to the individual or attorney at least 96 hours
14in advance of the hearing to determine placement. The court or the cooperating
15agency obtaining the evaluation shall request appropriate information which shall
16include at least the following:
AB1114, s. 37 17Section 37. 880.06 (1) of the statutes is amended to read:
AB1114,18,818 880.06 (1) Original proceeding. The court wherein in which a petition is first
19filed shall determine venue. The court shall direct that proper notice be given to any
20potentially responsible or affected county. Proper notice is given to a potentially
21responsible or affected county if written notice of the proceeding is sent by certified
22mail to the county's clerk and corporation counsel. After all potentially responsible
23or affected counties and parties have been given an opportunity to be heard, the court
24shall determine that venue lies in the county in which the petition is filed under sub.
25(2) or in another county, as appropriate.
If it is determined that venue lies in another

1county, the court shall order the entire record certified to the proper court. A court
2wherein in which a subsequent petition is filed shall, upon being if it is satisfied of
3that an earlier filing took place in another court, summarily dismiss such the
4petition. If any potentially responsible or affected county or party objects to the
5court's finding of venue, the court may refer the issue to the department for a
6determination of the county of residence under s. 51.40 (2) (g) and may suspend
7ruling on the motion for change of venue until the determination under s. 51.40 (2)
8(g) is final.
AB1114, s. 38 9Section 38. 880.06 (2) of the statutes is repealed and recreated to read:
AB1114,18,1210 880.06 (2) Change of residence of ward by guardian. If s. 51.40 (2) (a) or (b)
11does not apply, a guardian for good cause shown may change a ward's county of
12residence by filing with the court a written statement as specified in s. 51.40 (2) (f).
AB1114, s. 39 13Section 39. 880.33 (2) (a) 3. of the statutes is amended to read:
AB1114,18,1914 880.33 (2) (a) 3. If the person is an adult who is indigent, the county of legal
15settlement
residence as determined under s. 51.40 (2) shall be the county liable for
16any fees due the guardian ad litem and, if counsel was not appointed under s. 977.08,
17for any legal fees due the person's legal counsel. If the person is a minor, the person's
18parents or the county of legal settlement shall be liable for any fees due the guardian
19ad litem as provided in s. 48.235 (8).
AB1114,18,2020 (End)
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