AB539: Bill Text

AB539,60,21 10. To staff members of the protection and advocacy agency designated under s. 51.62 and the board on aging and long-term care under s. 16.009.

AB539,60,24 11. To an agency, including a probation or parole agency, that is legally responsible for the supervision of an alleged perpetrator of abuse, neglect, or financial exploitation of an adult at risk.

AB539,61,2 12. To a grand jury, if it determines that access to specified records is necessary for the conduct of its official business.

AB539,61,3 13. Under a lawful order of a court of record.

AB539,61,8 (bv) The identity of a person making a report of alleged abuse, neglect, self-neglect, or financial exploitation shall be deleted from any record prior to its release under par. (bt) or from any departmental report form prior to its release under par. (b). The identity of any reporter may only be released with the written consent of the reporter or under a lawful order of a court of record.

AB539,61,11 (bw) A person to whom a departmental report form or a record is disclosed under this subsection may not further disclose it, except to the persons and for the purposes specified in this subsection.

AB539,61,16 (by) A custodian of records or departmental report forms incurs no civil or criminal liability under this subsection and may not be found guilty of unprofessional conduct for the release or nonrelease of records or departmental report forms in accordance with this subsection while acting in good faith and within the scope of his or her authority.

AB539, s. 160 Section 160. 55.043 (7) of the statutes is created to read:

AB539,61,21 55.043 (7) Exception. Nothing in this section may be construed to mean that a person is abused, financially exploited, neglected, or in need of direct or protective services solely because he or she consistently relies upon treatment by spiritual means through prayer for healing in accordance with his or her religious tradition.

AB539, s. 161 Section 161. 55.043 (8) of the statutes is created to read:

AB539,61,25 55.043 (8) Department duties. (a) The department shall develop a plan to assist adult-at-risk agencies in determining appropriate responses to reports of abuse, financial exploitation, neglect, or self-neglect.

AB539,62,2 (b) The department shall prepare and distribute sample departmental report forms for use by adult-at-risk agencies.

AB539,62,10 (c) The department shall collect statistical information from each county pertaining to each reported case of abuse, financial exploitation, neglect, or self-neglect. The department may require adult-at-risk agency workers or investigators to submit departmental report forms to the department that summarize the information being reported. These departmental report forms may not name or otherwise identify individuals. The department shall use this information to review the effectiveness of this section, to plan program changes, and to formulate reports.

AB539,62,16 (d) The department shall develop and disseminate information on adult-at-risk abuse and the adult-at-risk reporting system under this section. The department shall also develop informational materials to be used by adult-at-risk agencies regarding abuse of adults at risk and regarding the adult-at-risk abuse reporting system. The department shall solicit contributions of labor, materials, and expertise from private sources to assist in developing the informational materials.

AB539, s. 162 Section 162. 55.043 (9) of the statutes is repealed.

AB539, s. 163 Section 163. 55.043 (9m) of the statutes is created to read:

AB539,62,23 55.043 (9m) Penalties. (a) Any person, including the state or any political subdivision of the state, violating sub. (6) is liable to any person damaged as a result of the violation for such damages as may be proved, together with exemplary damages of not less than $100 nor more than $500 for each violation and the costs and reasonable actual attorney fees that are incurred by the person damaged.

AB539,63,4 (b) In any action brought under par. (a) in which the court determines that the violator acted in a manner that was knowing and willful, the violator shall be liable for such damages as may be proved together with exemplary damages of not less than $500 nor more than $1,000 for each violation, together with costs and reasonable actual attorney fees as may be incurred. It is not a prerequisite to an action under par. (a) that the plaintiff suffer or be threatened with actual damages.

AB539,63,8 (c) An individual may bring an action to enjoin any violation of sub. (6) or to compel compliance with sub. (6), and may in the same action seek damages as provided in this subsection. The individual may recover costs and reasonable actual attorney fees incurred in the action, if he or she prevails.

AB539,63,10 (d) Whoever violates sub. (1m) (c) 1. may be fined not more than $10,000 or imprisoned for not more than 6 months or both.

AB539,63,12 (e) Whoever intentionally violates sub. (1m) (b) by failure to report as required may be fined not more than $500 or imprisoned not more than 6 months or both.

AB539, s. 164 Section 164. 55.06 (2) (c) of the statutes is amended to read:

AB539,63,18 55.06 (2) (c) As a result of developmental disabilities, infirmities of aging degenerative brain disorder, chronic mental illness , or other like incapacities, is so totally incapable of providing for his or her own care or custody as to create a substantial risk of serious harm to oneself himself, herself, or others. Serious harm may be occasioned by overt acts or acts of omission; and

AB539, s. 165 Section 165. 55.06 (11) (a) of the statutes is amended to read:

AB539,64,12 55.06 (11) (a) If, from personal observation of a sheriff, police officer, fire fighter, guardian, if any, or authorized representative of a board designated under s. 55.02 or an agency designated by it, it appears probable that an individual will suffer irreparable injury or death or will present a substantial risk of serious physical harm to others as a result of developmental disabilities, infirmities of aging degenerative brain disorder, chronic mental illness or other like incapacities if not immediately placed, the person making the observation may take into custody and transport the individual to an appropriate medical or protective placement facility. The person making placement shall prepare a statement at the time of detention providing specific factual information concerning the person's observations and the basis for emergency placement. The statement shall be filed with the director of the facility and shall also be filed with any petition under sub. (2). At the time of placement the individual shall be informed by the director of the facility or the director's designee, both orally and in writing, of his or her right to contact an attorney and a member of his or her immediate family and the right to have an attorney provided at public expense, as provided under s. 967.06 and ch. 977, if the individual is a child or is indigent. The director or designee shall also provide the individual with a copy of the statement by the person making emergency placement.

AB539, s. 166 Section 166. 106.54 (5) of the statutes is amended to read:

AB539,64,17 106.54 (5) The division shall receive complaints of discharge, retaliation or discrimination under s. 16.009 (5) (d), 46.90 (4) (b) or , 50.07 (3) (b), or 55.043 (1m) (c) and shall process the complaints in the same manner that employment discrimination complaints are processed under s. 111.39.

AB539, s. 167 Section 167. 146.40 (1) (ab) of the statutes is created to read:

AB539,64,19 146.40 (1) (ab) "Abuse" has the meaning given in s. 46.90 (1) (a).

AB539, s. 168 Section 168. 146.40 (1) (aw) of the statutes is created to read:

AB539,64,21 146.40 (1) (aw) "Financial exploitation" means any of the following:

AB539,64,25 1. Obtaining an individual's money or property by deceiving or enticing the individual, or by forcing, compelling, or coercing the individual to give, sell at less than fair market value, or in other ways convey money or property against his or her will without his or her informed consent.

AB539,65,1 2. Theft, as prohibited in s. 943.20.

AB539,65,3 3. The substantial failure or neglect of a fiscal agent to fulfill his or her responsibilities.

AB539, s. 169 Section 169. 146.40 (4g) (a) 3. of the statutes is amended to read:

AB539,65,8 146.40 (4g) (a) 3. Findings of the department under sub. (4r) (b) or of the hearing officer under sub. (4r) (d) concerning the misappropriation of property financial exploitation or the neglect or abuse of a client by an individual listed under sub. 2.

AB539, s. 170 Section 170. 146.40 (4r) (a) of the statutes is amended to read:

AB539,65,13 146.40 (4r) (a) Any individual may report to the department that he or she believes that any person employed by or under contract with an entity has neglected or abused a client or misappropriated the client's property financially exploited the client.

AB539, s. 171 Section 171. 146.40 (4r) (am) 1. of the statutes is amended to read:

AB539,65,18 146.40 (4r) (am) 1. Except as provided in sub. 2., an entity shall report to the department any allegation of misappropriation of the property financial exploitation of a client or of neglect or abuse of a client by any person employed by or under contract with the entity if the person is under the control of the entity.

AB539, s. 172 Section 172. 146.40 (4r) (am) 2. of the statutes is amended to read:

AB539,65,25 146.40 (4r) (am) 2. An entity shall report to the department of regulation and licensing any allegation of misappropriation of the property financial exploitation of a client or of neglect or abuse of a client by any person employed by or under contract with the entity if that person holds a credential that is related to the person's employment at, or contract with, the entity if the person is under the control of the entity.

AB539, s. 173 Section 173. 146.40 (4r) (am) 3. of the statutes is amended to read:

AB539,66,5 146.40 (4r) (am) 3. An entity that intentionally fails to report an allegation of misappropriation of the property financial exploitation of a client or of neglect or abuse of a client may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.

AB539, s. 174 Section 174. 146.40 (4r) (b) of the statutes is amended to read:

AB539,66,21 146.40 (4r) (b) Except as provided in pars. (em) and (err), the department shall review and investigate any report received under par. (a) or (am) and, if the allegation is substantiated, make specific, documented findings concerning the misappropriation of property financial exploitation or the neglect or abuse. The department shall in writing by certified mail notify the person specified in the report that the person's name and the department's findings about the person shall be listed in the registry under sub. (4g) (a) 2. and 3. unless the person contests the listings in a hearing before the division of hearings and appeals created under s. 15.103 (1). The written notification shall describe the investigation conducted by the department, enumerate the findings alleging misappropriation of property financial exploitation or neglect or abuse of a client and explain the consequence to the person specified in the report of waiving a hearing to contest the findings. The person specified in the report shall have 30 days after receipt of the notification to indicate to the department in writing whether he or she intends to contest the listing or to waive the hearing.

AB539, s. 175 Section 175. 146.82 (2) (a) 7. of the statutes is amended to read:

AB539,67,5 146.82 (2) (a) 7. To a county an elder-adult-at-risk agency designated under s. 46.90 (2) or other investigating agency under s. 46.90 for purposes of s. 46.90 (4) (a) and (5) or to the county protective services an adult-at-risk agency designated under s. 55.02 for purposes of s. 55.043. The health care provider may release information by initiating contact with the county elder-adult-at-risk agency or county protective services adult-at-risk agency without receiving a request for release of the information from the county elder-adult-at-risk agency or county protective services adult-at-risk agency.

AB539, s. 176 Section 176. 813.123 (title) of the statutes is amended to read:

AB539,67,8 813.123 (title) Vulnerable adult restraining Restraining orders and injunctions for individuals at risk.

AB539, s. 177 Section 177. 813.123 (1) (a) of the statutes is amended to read:

AB539,67,10 813.123 (1) (a) "Abuse" has the meaning given in s. 55.01 46.90 (1) (a).

AB539, s. 178 Section 178. 813.123 (1) (ae) of the statutes is created to read:

AB539,67,12 813.123 (1) (ae) "Adult at risk" has the meaning given in s. 55.01 (1e).

AB539, s. 179 Section 179. 813.123 (1) (am) of the statutes is created to read:

AB539,67,14 813.123 (1) (am) "Adult-at-risk agency" has the meaning given in s. 55.01 (1f).

AB539, s. 180 Section 180. 813.123 (1) (b) of the statutes is amended to read:

AB539,67,17 813.123 (1) (b) "Bodily harm" has the meaning given in s. 939.22 (4) 46.90 (1) (aj).

AB539, s. 181 Section 181. 813.123 (1) (br) of the statutes is created to read:

AB539,67,19 813.123 (1) (br) "Caregiver" has the meaning given in s. 46.90 (1) (an).

AB539, s. 182 Section 182. 813.123 (1) (c) of the statutes is repealed.

AB539, s. 183 Section 183. 813.123 (1) (cg) of the statutes is created to read:

AB539,67,22 813.123 (1) (cg) "Elder adult at risk" has the meaning given in s. 46.90 (1) (br).

AB539, s. 184 Section 184. 813.123 (1) (dm) of the statutes is created to read:

AB539,67,25 813.123 (1) (dm) "Financial exploitation" has the meaning given in s. 46.90 (1) (ed).

AB539, s. 185 Section 185. 813.123 (1) (eg) of the statutes is created to read:

AB539,68,2 813.123 (1) (eg) "Harassment" has the meaning given in s. 813.125 (1).

AB539, s. 186 Section 186. 813.123 (1) (ep) of the statutes is created to read:

AB539,68,5 813.123 (1) (ep) "Individual at risk" means an elder adult at risk or an adult at risk.

AB539, s. 187 Section 187. 813.123 (1) (f) of the statutes is repealed.

AB539, s. 188 Section 188. 813.123 (1) (fm) of the statutes is created to read:

AB539,68,9 813.123 (1) (fm) "Mistreatment of an animal" means cruel treatment of any animal owned by or in service to an individual at risk.

AB539, s. 189 Section 189. 813.123 (1) (g) of the statutes is amended to read:

AB539,68,11 813.123 (1) (g) "Neglect" has the meaning given in s. 55.01 (4r) 46.90 (1) (f).

AB539, s. 190 Section 190. 813.123 (1) (gr) of the statutes is created to read:

AB539,68,13 813.123 (1) (gr) "Self-neglect" has the meaning given in s. 46.90 (1) (g).

AB539, s. 191 Section 191. 813.123 (1) (gs) of the statutes is created to read:

AB539,68,16 813.123 (1) (gs) "Stalking" means engaging in a course of conduct, as defined in s. 940.32 (1) (a).

AB539, s. 192 Section 192. 813.123 (1) (h) of the statutes is repealed.

AB539, s. 193 Section 193. 813.123 (2) of the statutes is renumbered 813.123 (2) (a) and amended to read:

AB539,69,6 813.123 (2) (a) No action under this section may be commenced by complaint and summons. An action under this section may be commenced only by a petition described under sub. (6). The action commences with service of the petition upon the respondent if a copy of the petition is filed before service or promptly after service. The vulnerable adult, a parent, an adult sibling, an adult child or the legal guardian of the vulnerable adult or a county protective services agency individual at risk, any person acting on behalf of an individual at risk, an elder-adult-at-risk agency, or an adult-at-risk agency may be a petitioner under this section. If the petition is filed by a person other than the individual at risk, the petitioner shall serve a copy of the petition on the individual at risk. Section 813.06 does not apply to an action under this section. The respondent may respond to the petition either in writing before or at the hearing on the issuance of the injunction or orally at that hearing.

AB539, s. 194 Section 194. 813.123 (2) (b) of the statutes is created to read:

AB539,69,11 813.123 (2) (b) The court may go forward with a petition filed under sub. (6) if the individual at risk has been adjudicated incompetent under ch. 880, notwithstanding an objection by an individual at risk who is the subject of the petition, or an objection by the guardian of the individual at risk.

AB539, s. 195 Section 195. 813.123 (3) (b) (intro.) and 1. of the statutes are consolidated, renumbered 813.123 (3) (b) and amended to read:

AB539,69,19 813.123 (3) (b) The court or circuit court commissioner, on its or his or her own motion or the motion of any party, may shall order one or more of the following: 1. That that a guardian ad litem be appointed under s. 880.331 (1) for the vulnerable adult individual at risk, if the petition under sub. (6) was filed by a person other than the individual at risk, and may order that a guardian ad litem be appointed in other instances when justice so requires.

AB539, s. 196 Section 196. 813.123 (3) (b) 2. and 3. of the statutes are renumbered 813.123 (3) (c) 1. and 2. and amended to read:

AB539,70,2 813.123 (3) (c) 1. That all persons, other than the vulnerable adult individual at risk, the parties, their attorneys, a representative of the county protective services adult-at-risk agency or elder-adult-at-risk agency, witnesses, court personnel, and any guardian or any guardian ad litem, be excluded from any hearing under this section.

AB539,70,7 2. That access to any record of an action under this section be available only to the vulnerable adult individual at risk, the parties, their attorneys, any guardian or any guardian ad litem, the county protective services adult-at-risk agency or elder-adult-at-risk agency, court personnel, and, upon appeal, any applicable court upon appeal.

AB539, s. 197 Section 197. 813.123 (3) (c) (intro.) of the statutes is created to read: