AB1114, s. 21 19Section 21. 51.40 (2) (a) of the statutes is amended to read:
AB1114,9,2520 51.40 (2) (a) Directed placement. 1. `Commitment or protection protective
21placement or protective services.' If an individual is under a court order of
22commitment under this chapter or protective placement or protective services under
23s. 55.06 ch. 55, the individual remains a resident of the county in which he or she has
24residence at the time the initial commitment or initial order for protective placement
25or protective services is made. If the court makes no specific finding of a county of

1residence, the individual is a resident of the county in which the court is located. The
2court may make a specific finding of a county of residence, after notice, including
3notice to the corporation counsel of each affected county by certified mail, after
4opportunity to be heard has been provided to all affected counties and parties, and
5if there is no objection. If any affected county or party objects to the court's proposed
6finding of a county of residence, the county or party may request the department to
7make a determination under par. (g) and any transfer of venue shall be suspended
8until the determination is final.
AB1114,10,239 2. `Placement by a county.' Except for the provision of emergency services under
10s. 51.15, 51.42 (1) (b), 51.437 (4) (c), 51.45 (11) and or (12) or 55.06 (11) emergency
11protective services or emergency or temporary protective placement under ch. 55
, if
12a county department or an agency of a county department arranges places or makes
13arrangements for placement of the individual into a state facility or nursing home,
14the individual is a resident of the county of that county department. Any agency of
15the county department is deemed to be acting on behalf of the county department in
16arranging placing or making arrangements for placement. Placement of an
17individual by a county department or an agency of a county department into a facility
18outside the jurisdiction of the county department or agency does not transfer the
19individual's legal residence to the county in which the facility is located. If a resident
20of a county is physically present in another county and is in need of immediate care,
21the county in which the individual is present may provide for the immediate needs
22of a person under ss. 51.15, 51.20, 51.42 (1) (b), 51.437 (4) (c), 51.45 (11) and (12), and
23880.07 and ch. 55 without becoming the county of residence.
AB1114, s. 22 24Section 22. 51.40 (2) (b) (intro.) of the statutes is amended to read:
AB1114,11,2
151.40 (2) (b) Other admissions. (intro.) If par. (a) does not apply, one of the
2following shall apply
the county of residence shall be determined as follows:
AB1114, s. 23 3Section 23. 51.40 (2) (b) 1. of the statutes is amended to read:
AB1114,11,94 51.40 (2) (b) 1. `Individuals in state facilities.' An individual who is in a state
5facility is a resident of the county in which he or she was a resident at the time the
6admission to the state facility was made. This subdivision may not be applied to
7change residence from a county, other than the county in which the facility is located,
8which that has accepted responsibility for or provided services to the individual prior
9to August 1, 1987
before the effective date of this subdivision .... [revisor inserts date].
AB1114, s. 24 10Section 24. 51.40 (2) (b) 2. (intro.) of the statutes is amended to read:
AB1114,11,1411 51.40 (2) (b) 2. `Individuals in nursing homes.' (intro.) The following are
12presumptions regarding the county of residence of an individual in a nursing home
13that may be overcome by substantial evidence that clearly establishes other county
14residence:
AB1114,11,18 15ag. An individual in a nursing home who was admitted under s. 50.04 (2r) to
16the nursing home on or after August 1, 1987 the effective date of this subd. 2. ag. ....
17[revisor inserts date]
, is a resident of the county which that approved the admission
18under s. 50.04 (2r).
AB1114,11,24 19bg. An individual residing in a nursing home on or before August 1, 1987 the
20effective date of this subd. 2. bg. .... [revisor inserts date]
, is presumed to be a resident
21of the county in which the individual is physically present unless another county
22accepts the individual as a resident. The presumption of residence may be overcome
23by substantial evidence which clearly establishes residence in another county in one
24of the following ways:
AB1114, s. 25
1Section 25. 51.40 (2) (b) 2. a. of the statutes is renumbered 51.40 (2) (b) 2. cg.
2and amended to read:
AB1114,12,113 51.40 (2) (b) 2. cg. The If the individual had an established residence in another
4county prior to entering the nursing home; the individual or the individual's
5guardian, if any, indicates an intent that the individual will return to that county
6when the purpose of entering the nursing home has been accomplished or when
7needed care and services can be obtained in the other that county; and the individual,
8when capable of indicating intent, or a guardian for the individual, has made no
9clearly documented expression to a court or county department of an intent to
10establish residence elsewhere since leaving that county, the individual is a resident
11of that county
.
AB1114, s. 26 12Section 26. 51.40 (2) (b) 2. b. of the statutes is renumbered 51.40 (2) (b) 2. dg.
13and amended to read:
AB1114,12,1714 51.40 (2) (b) 2. dg. The If the individual is incapable of indicating intent as
15determined by the county department, has no guardian, ordinarily resides in
16another county, and is expected to return to that county within one year, the
17individual is a resident of that county
.
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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