AB539,42,88 55.01 (1) "Abuse" has the meaning given in s. 46.90 (1) (a).
AB539, s. 104 9Section 104. 55.01 (1e) of the statutes is created to read:
AB539,42,1310 55.01 (1e) "Adult at risk" means any adult who has a physical or mental
11condition that substantially impairs his or her ability to care for his or her needs and
12who has experienced, is currently experiencing, or is at risk of experiencing abuse,
13neglect, self-neglect, or financial exploitation.
AB539, s. 105 14Section 105. 55.01 (1f) of the statutes is created to read:
AB539,42,1715 55.01 (1f) "Adult-at-risk agency" means the agency designated by the county
16board of supervisors under s. 55.043 (1) to receive, respond to, and investigate reports
17of abuse, neglect, self-neglect, and financial exploitation under s. 55.043.
AB539, s. 106 18Section 106. 55.01 (1m) of the statutes is amended to read:
AB539,42,1919 55.01 (1m) "Bodily harm" has the meaning given in s. 939.22 (4) 46.90 (1) (aj).
AB539, s. 107 20Section 107. 55.01 (1p) of the statutes is repealed and recreated to read:
AB539,42,2121 55.01 (1p) "Caregiver" has the meaning given in s. 46.90 (1) (an).
AB539, s. 108 22Section 108. 55.01 (1t) of the statutes is repealed.
AB539, s. 109 23Section 109. 55.01 (1v) of the statutes is created to read:
AB539,43,3
155.01 (1v) "Degenerative brain disorder" means the loss or dysfunction of an
2individual's brain cells to the extent that he or she is substantially impaired in his
3or her ability to provide adequately for his or her own care or custody.
AB539, s. 110 4Section 110. 55.01 (2) of the statutes is amended to read:
AB539,43,135 55.01 (2) "Developmentally disabled person" means any individual having a
6disability attributable to mental retardation, cerebral palsy, epilepsy, autism or
7another neurological condition closely related to mental retardation or requiring
8treatment similar to that required for mentally retarded individuals, which has
9continued or can be expected to continue indefinitely, substantially impairs the
10individual from adequately providing for his or her own care or custody, and
11constitutes a substantial handicap to the afflicted individual. The term does not
12include a person an individual affected by senility which is primarily caused by the
13process of aging or the infirmities of aging degenerative brain disorder.
AB539, s. 111 14Section 111. 55.01 (2s) of the statutes is created to read:
AB539,43,1515 55.01 (2s) "Financial exploitation" has the meaning given in s. 46.90 (1) (ed).
AB539, s. 112 16Section 112. 55.01 (3) of the statutes is repealed.
AB539, s. 113 17Section 113. 55.01 (4g) of the statutes is created to read:
AB539,43,1818 55.01 (4g) "Investigative agency" has the meaning given in s. 46.90 (1) (er).
AB539, s. 114 19Section 114. 55.01 (4p) of the statutes is repealed.
AB539, s. 115 20Section 115. 55.01 (4r) of the statutes is repealed and recreated to read:
AB539,43,2121 55.01 (4r) "Neglect" has the meaning given in s. 46.90 (1) (f).
AB539, s. 116 22Section 116. 55.01 (6) of the statutes is created to read:
AB539,43,2323 55.01 (6) "Self-neglect" has the meaning given in s. 46.90 (1) (g).
AB539, s. 117 24Section 117. 55.01 (6d) of the statutes is created to read:
AB539,44,2
155.01 (6d) "State governmental agency" has the meaning given for "agency" in
2s. 16.417 (1) (a).
AB539, s. 118 3Section 118. 55.01 (6g) of the statutes is created to read:
AB539,44,44 55.01 (6g) "State official" has the meaning given in s. 46.90 (1) (gr).
AB539, s. 119 5Section 119. 55.01 (7) of the statutes is repealed.
AB539, s. 120 6Section 120. 55.02 of the statutes is amended to read:
AB539,45,2 755.02 Protective service system; establishment. The department shall
8develop a statewide system of protective service for mentally retarded and other
9developmentally disabled persons, for aged infirm persons, for chronically mentally
10ill persons, and for persons with other like incapacities degenerative brain disorders
11incurred at any age in accordance with rules promulgated by the department. The
12protective service system shall be designed to encourage independent living and to
13avoid protective placement whenever possible. The system shall use the planning
14and advice of agencies, including the county department under s. 46.215, 46.22,
1546.23, 51.42, or 51.437. The chairperson of each county board of supervisors shall
16designate a county department under s. 46.215, 46.22, 51.42, or 51.437 that is
17providing services in his or her county or a joint mechanism of these county
18departments to have the responsibility for local planning for the protective service
19system. The chairperson of the Milwaukee County board of supervisors Each county
20board
shall designate the county department under s. 46.215 an agency to serve as
21the county protective services adult-at-risk agency for purposes of s. 55.043. The
22department and these county departments shall cooperate in developing a
23coordinated system of services. The department shall provide direct services and
24enter into contracts with any responsible public or private agency for provision of
25protective services. In each county, the county department designated under this

1section shall determine the reporting requirements applicable to the county under
2s. 880.38 (3).
AB539, s. 121 3Section 121. 55.043 (title) of the statutes is amended to read:
AB539,45,4 455.043 (title) County protective services Adult-at-risk agency.
AB539, s. 122 5Section 122. 55.043 (1) (title) of the statutes is repealed.
AB539, s. 123 6Section 123. 55.043 (1) (a) (intro.) of the statutes is renumbered 55.043 (1r)
7(a) 1g. and amended to read:
AB539,46,48 55.043 (1r) (a) 1g. If a county protective services Except as otherwise provided,
9if an adult-at-risk
agency has probable cause reason to believe that there is
10misappropriation of property or
an adult at risk has been the subject of abuse,
11financial exploitation,
neglect, or abuse of a vulnerable adult, the county protective
12services
self-neglect, the adult-at-risk agency may conduct an investigation in
13Milwaukee County
respond, including by conducting an investigation, to determine
14if the vulnerable adult in question whether the adult at risk is in need of protective
15services. The county protective services agency shall conduct the investigation in
16accordance with standards established by the department for conducting the
17investigations. The investigation shall include at least one of the following:
If an
18adult-at-risk agency has reason to believe that there is abuse, financial exploitation,
19neglect, or self-neglect of an adult at risk who is a client, as defined in s. 50.065 (1)
20(b), of an entity, as defined in s. 50.065 (1) (c), and if the person suspected of
21perpetrating the alleged abuse, financial exploitation, or neglect is a caregiver or
22nonclient resident of the entity, the adult-at-risk agency shall refer the report
23within 24 hours after the report is received to the department for investigation. The
24department shall coordinate its investigatory efforts with other investigative
25agencies or authorities as appropriate. An adult-at-risk agency's response to or

1another investigative agency's investigation of a report of abuse, financial
2exploitation, neglect, or self-neglect that is not referred to the department shall be
3commenced within 24 hours after a report is received, excluding Saturdays,
4Sundays, and legal holidays.
AB539, s. 124 5Section 124. 55.043 (1) (a) 1. of the statutes is renumbered 55.043 (1r) (b) 2.
6and amended to read:
AB539,46,97 55.043 (1r) (b) 2. Observation of or an interview with the vulnerable adult, in
8private to the extent practicable, and
the adult at risk, with or without consent of his
9or her guardian or agent under an activated power of attorney for health care, if any.
AB539, s. 125 10Section 125. 55.043 (1) (a) 2. of the statutes is renumbered 55.043 (1r) (b) 1.
11and amended to read:
AB539,46,1212 55.043 (1r) (b) 1. A visit to the residence of the vulnerable adult at risk.
AB539, s. 126 13Section 126. 55.043 (1) (a) 3. of the statutes is renumbered 55.043 (1r) (b) 4.
14and amended to read:
AB539,46,1715 55.043 (1r) (b) 4. An interview with the guardian or agent under an activated
16power of attorney for health care
, if any, and with the caretaker, if any, any caregiver
17of the vulnerable adult at risk.
AB539, s. 127 18Section 127. 55.043 (1) (a) 4. of the statutes is renumbered 55.043 (1r) (b) 5.
19and amended to read:
AB539,46,2120 55.043 (1r) (b) 5. A review of the treatment and patient health care records of
21the vulnerable adult at risk.
AB539, s. 128 22Section 128. 55.043 (1) (a) 5. of the statutes is renumbered 55.043 (1r) (b) 6.
23(intro.) and amended to read:
AB539,47,524 55.043 (1r) (b) 6. (intro.) A review of those any financial records, if any, of the
25vulnerable adult at risk that are maintained by the caretaker or landlord a financial

1institution, as defined in s. 705.01 (3); by an entity, as defined in s. 50.065 (1) (c); by
2any caregiver
of the vulnerable adult at risk; or by a member of the immediate family
3of the vulnerable adult, at risk or the caretaker or the landlord. caregiver. The
4records shall be released without informed consent in either of the following
5circumstances:
AB539, s. 129 6Section 129. 55.043 (1) (b) (intro.) of the statutes is renumbered 55.043 (1r)
7(c) (intro.) and amended to read:
AB539,47,108 55.043 (1r) (c) (intro.) The county protective services adult-at-risk agency or
9other investigative agency
may transport the vulnerable adult at risk for
10performance of a medical examination by a physician if any of the following applies:
AB539, s. 130 11Section 130. 55.043 (1) (b) 1. of the statutes is renumbered 55.043 (1r) (c) 1.
12and amended to read:
AB539,47,1513 55.043 (1r) (c) 1. The vulnerable adult at risk or his or her guardian or agent
14under an activated power of attorney for health care
, if any, consents to the
15examination.
AB539, s. 131 16Section 131. 55.043 (1) (b) 2. (intro.) of the statutes is renumbered 55.043 (1r)
17(c) 2. (intro.) and amended to read:
AB539,47,1918 55.043 (1r) (c) 2. (intro.) The vulnerable adult at risk is incapable of consenting
19to the examination and one of the following applies:
AB539, s. 132 20Section 132. 55.043 (1) (b) 2. a. of the statutes is renumbered 55.043 (1r) (c)
212. a. and amended to read:
AB539,47,2322 55.043 (1r) (c) 2. a. The vulnerable adult at risk has no guardian or agent under
23an activated power of attorney for health care
.
AB539, s. 133 24Section 133. 55.043 (1) (b) 2. b. of the statutes is renumbered 55.043 (1r) (c)
252. c. and amended to read:
AB539,48,2
155.043 (1r) (c) 2. c. The vulnerable adult's guardian refuses to consent to the
2examination, but the
examination is authorized by order of a court.
AB539, s. 134 3Section 134. 55.043 (1d) of the statutes is created to read:
AB539,48,54 55.043 (1d) Adult-at-risk agency designation. Each county board shall
5designate an agency as the adult-at-risk agency for the purposes of this section.
AB539, s. 135 6Section 135. 55.043 (1g) of the statutes is created to read:
AB539,48,177 55.043 (1g) Adult-at-risk agency duties. (a) Each adult-at-risk agency shall
8develop a policy for notifying other investigative agencies, including law
9enforcement officials in appropriate cases, and shall establish an adult-at-risk
10abuse reporting system to carry out the purposes of this section. Each adult-at-risk
11agency shall enter into a memorandum of understanding regarding the operation of
12the system with the county department under s. 46.215 or 46.22 and with any private
13or public agency, including a county department under s. 51.42 or 51.437, within the
14county that is participating in the adult-at-risk abuse reporting system. The
15memorandum of understanding shall, at a minimum, identify the agencies that are
16responsible for the investigation of reports of abuse, financial exploitation, neglect,
17or self-neglect of adults at risk and for the provision of specific direct services.
AB539,48,1918 (b) Each adult-at-risk agency shall receive reports of abuse, financial
19exploitation, neglect, or self-neglect of adults at risk.
AB539,48,2520 (c) Each adult-at-risk agency shall publicize the existence of an adult-at-risk
21abuse reporting system in the county and shall provide a publicized telephone
22number that can be used by persons wishing to report suspected cases of abuse,
23financial exploitation, neglect, or self-neglect of adults at risk. Each adult-at-risk
24agency shall also provide a telephone number that can be used by persons to make
25reports after the adult-at-risk agency's regular business hours.
AB539, s. 136
1Section 136. 55.043 (1m) of the statutes is created to read:
AB539,49,32 55.043 (1m) Reporting. (a) The following persons shall file reports as specified
3in par. (b):
AB539,49,54 1. An employee of any entity that is licensed, certified, or approved by or
5registered with the department.
AB539,49,66 2. An employee of a financial institution, as defined in s. 705.01 (3).
AB539,49,77 3. A health care provider, as defined in s. 155.01 (7).
AB539,49,98 4. A social worker, professional counselor, or marriage and family therapist
9certified under ch. 457.
AB539,49,1510 (b) Except as provided in par. (be), a person specified in par. (a) who has seen
11an adult at risk in the course of the person's professional duties shall file a report with
12the county department, the adult-at-risk agency, a state or local law enforcement
13agency, the department, or the board on aging and long-term care if the adult at risk
14has requested the person to make the report, or if the person has reasonable cause
15to believe that any of the following situations exist:
AB539,49,1816 1. The adult at risk is at imminent risk of serious bodily harm, death, sexual
17assault, or significant property loss and is unable to make an informed judgment
18about whether to report the risk.
AB539,49,2119 2. An adult at risk other than the subject of the report is at risk of serious bodily
20harm, death, sexual assault, or significant property loss inflicted by a suspected
21perpetrator.
AB539,49,2522 (be) A person specified in par. (a) is not required to file a report as provided in
23par. (b) if the person believes that filing a report would not be in the best interest of
24the adult at risk. If the person so believes, the person shall document the reasons
25for this belief in the case file that the person maintains on the adult at risk.
AB539,50,9
1(br) Any person, including an attorney or a person working under the
2supervision of an attorney, may report to the county department, adult-at-risk
3agency, a state or local law enforcement agency, the department, or the board on
4aging and long-term care that he or she believes that abuse, financial exploitation,
5neglect, or self-neglect of an adult at risk has occurred if the person is aware of facts
6or circumstances that would lead a reasonable person to believe or suspect that
7abuse, financial exploitation, neglect, or self-neglect of an adult at risk has occurred.
8The person shall indicate the facts and circumstances of the situation as part of the
9report.
AB539,50,1110 (c) 1. a. No person may discharge or otherwise retaliate or discriminate against
11any person for reporting in good faith under this subsection.
AB539,50,1412 b. No person may discharge or otherwise retaliate or discriminate against any
13individual on whose behalf another person has reported in good faith under this
14subsection.
AB539,50,2015 d. Any discharge of a person or act of retaliation or discrimination that is taken
16against a person who makes a report under this subsection, within 120 days after the
17report is made, establishes a rebuttable presumption that the discharge or act is
18made in response to the report. This presumption may be rebutted by a
19preponderance of evidence that the discharge or act was not made in response to the
20report.
AB539,50,2321 2. b. Any employee of an employer who is discharged or otherwise
22discriminated against may file a complaint with the department of workforce
23development under s. 106.54 (5).
AB539,51,3
1c. Any person not described in subd. 2. b. who is retaliated or discriminated
2against in violation of subd. 1. a. or b. may commence an action in circuit court for
3damages incurred as a result of the violation.
AB539,51,74 (d) No person may be held civilly or criminally liable or be found guilty of
5unprofessional conduct for reporting in good faith under this subsection, or for filing
6a report with an agency not listed in par. (b) (intro.) or (br) if the person had a good
7faith belief that the report was filed correctly with one of the listed agencies.
AB539,51,98 (e) If a report under par. (b) or (br) is made to a state official, the state official
9shall refer the report to the appropriate adult-at-risk agency.
AB539,51,1110 (f) Any person making a report under this subsection is presumed to have
11reported in good faith.
AB539, s. 137 12Section 137. 55.043 (1r) (title) of the statutes is created to read:
AB539,51,1313 55.043 (1r) (title) Response and investigation.
AB539, s. 138 14Section 138. 55.043 (1r) (a) 2. of the statutes is created to read:
AB539,51,2515 55.043 (1r) (a) 2. If an agent or employee of an adult-at-risk agency authorized
16required to respond under this subsection is the subject of a report, or if the
17adult-at-risk agency or an agency under contract with the county department
18determines that the relationship between the adult-at-risk agency and the agency
19under contract with the county department would not allow for an unbiased
20response, the adult-at-risk agency shall, after taking any action necessary to protect
21the adult at risk, notify the department. Upon receipt of the notice, the department
22or a county department under s. 46.215, 46.22, 51.42, or 51.437 designated by the
23department shall conduct an independent investigation. The powers and duties of
24a county department making the independent investigation are those given to an
25adult-at-risk agency under pars. (b) to (g) and sub. (6).
AB539, s. 139
1Section 139. 55.043 (1r) (b) (intro.) of the statutes is created to read:
AB539,52,32 55.043 (1r) (b) (intro.) The adult-at-risk agency's response or another
3investigative agency's investigation may include one or more of the following:
AB539, s. 140 4Section 140. 55.043 (1r) (b) 3. of the statutes is created to read:
AB539,52,75 55.043 (1r) (b) 3. An interview with the adult at risk, in private to the extent
6practicable, and with or without consent of his or her guardian or agent under an
7activated power of attorney for health care, if any.
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