AB539,63,109 (d) Whoever violates sub. (1m) (c) 1. may be fined not more than $10,000 or
10imprisoned for not more than 6 months or both.
AB539,63,1211 (e) Whoever intentionally violates sub. (1m) (b) by failure to report as required
12may be fined not more than $500 or imprisoned not more than 6 months or both.
AB539, s. 164 13Section 164. 55.06 (2) (c) of the statutes is amended to read:
AB539,63,1814 55.06 (2) (c) As a result of developmental disabilities, infirmities of aging
15degenerative brain disorder, chronic mental illness , or other like incapacities, is so
16totally incapable of providing for his or her own care or custody as to create a
17substantial risk of serious harm to oneself himself, herself, or others. Serious harm
18may be occasioned by overt acts or acts of omission; and
AB539, s. 165 19Section 165. 55.06 (11) (a) of the statutes is amended to read:
AB539,64,1220 55.06 (11) (a) If, from personal observation of a sheriff, police officer, fire
21fighter, guardian, if any, or authorized representative of a board designated under
22s. 55.02 or an agency designated by it, it appears probable that an individual will
23suffer irreparable injury or death or will present a substantial risk of serious physical
24harm to others as a result of developmental disabilities, infirmities of aging
25degenerative brain disorder, chronic mental illness or other like incapacities if not

1immediately placed, the person making the observation may take into custody and
2transport the individual to an appropriate medical or protective placement facility.
3The person making placement shall prepare a statement at the time of detention
4providing specific factual information concerning the person's observations and the
5basis for emergency placement. The statement shall be filed with the director of the
6facility and shall also be filed with any petition under sub. (2). At the time of
7placement the individual shall be informed by the director of the facility or the
8director's designee, both orally and in writing, of his or her right to contact an
9attorney and a member of his or her immediate family and the right to have an
10attorney provided at public expense, as provided under s. 967.06 and ch. 977, if the
11individual is a child or is indigent. The director or designee shall also provide the
12individual with a copy of the statement by the person making emergency placement.
AB539, s. 166 13Section 166. 106.54 (5) of the statutes is amended to read:
AB539,64,1714 106.54 (5) The division shall receive complaints of discharge, retaliation or
15discrimination under s. 16.009 (5) (d), 46.90 (4) (b) or , 50.07 (3) (b), or 55.043 (1m) (c)
16and shall process the complaints in the same manner that employment
17discrimination complaints are processed under s. 111.39.
AB539, s. 167 18Section 167. 146.40 (1) (ab) of the statutes is created to read:
AB539,64,1919 146.40 (1) (ab) "Abuse" has the meaning given in s. 46.90 (1) (a).
AB539, s. 168 20Section 168. 146.40 (1) (aw) of the statutes is created to read:
AB539,64,2121 146.40 (1) (aw) "Financial exploitation" means any of the following:
AB539,64,2522 1. Obtaining an individual's money or property by deceiving or enticing the
23individual, or by forcing, compelling, or coercing the individual to give, sell at less
24than fair market value, or in other ways convey money or property against his or her
25will without his or her informed consent.
AB539,65,1
12. Theft, as prohibited in s. 943.20.
AB539,65,32 3. The substantial failure or neglect of a fiscal agent to fulfill his or her
3responsibilities.
AB539, s. 169 4Section 169. 146.40 (4g) (a) 3. of the statutes is amended to read:
AB539,65,85 146.40 (4g) (a) 3. Findings of the department under sub. (4r) (b) or of the
6hearing officer under sub. (4r) (d) concerning the misappropriation of property
7financial exploitation or the neglect or abuse of a client by an individual listed under
8sub. 2.
AB539, s. 170 9Section 170. 146.40 (4r) (a) of the statutes is amended to read:
AB539,65,1310 146.40 (4r) (a) Any individual may report to the department that he or she
11believes that any person employed by or under contract with an entity has neglected
12or abused a client or misappropriated the client's property financially exploited the
13client
.
AB539, s. 171 14Section 171. 146.40 (4r) (am) 1. of the statutes is amended to read:
AB539,65,1815 146.40 (4r) (am) 1. Except as provided in sub. 2., an entity shall report to the
16department any allegation of misappropriation of the property financial exploitation
17of a client or of neglect or abuse of a client by any person employed by or under
18contract with the entity if the person is under the control of the entity.
AB539, s. 172 19Section 172. 146.40 (4r) (am) 2. of the statutes is amended to read:
AB539,65,2520 146.40 (4r) (am) 2. An entity shall report to the department of regulation and
21licensing any allegation of misappropriation of the property financial exploitation of
22a client or of neglect or abuse of a client by any person employed by or under contract
23with the entity if that person holds a credential that is related to the person's
24employment at, or contract with, the entity if the person is under the control of the
25entity.
AB539, s. 173
1Section 173. 146.40 (4r) (am) 3. of the statutes is amended to read:
AB539,66,52 146.40 (4r) (am) 3. An entity that intentionally fails to report an allegation of
3misappropriation of the property financial exploitation of a client or of neglect or
4abuse of a client may be required to forfeit not more than $1,000 and may be subject
5to other sanctions specified by the department by rule.
AB539, s. 174 6Section 174. 146.40 (4r) (b) of the statutes is amended to read:
AB539,66,217 146.40 (4r) (b) Except as provided in pars. (em) and (err), the department shall
8review and investigate any report received under par. (a) or (am) and, if the
9allegation is substantiated, make specific, documented findings concerning the
10misappropriation of property financial exploitation or the neglect or abuse. The
11department shall in writing by certified mail notify the person specified in the report
12that the person's name and the department's findings about the person shall be listed
13in the registry under sub. (4g) (a) 2. and 3. unless the person contests the listings in
14a hearing before the division of hearings and appeals created under s. 15.103 (1). The
15written notification shall describe the investigation conducted by the department,
16enumerate the findings alleging misappropriation of property financial exploitation
17or neglect or abuse of a client and explain the consequence to the person specified in
18the report of waiving a hearing to contest the findings. The person specified in the
19report shall have 30 days after receipt of the notification to indicate to the
20department in writing whether he or she intends to contest the listing or to waive the
21hearing.
AB539, s. 175 22Section 175. 146.82 (2) (a) 7. of the statutes is amended to read:
AB539,67,523 146.82 (2) (a) 7. To a county an elder-adult-at-risk agency designated under
24s. 46.90 (2) or other investigating agency under s. 46.90 for purposes of s. 46.90 (4)
25(a) and (5) or to the county protective services an adult-at-risk agency designated

1under s. 55.02 for purposes of s. 55.043. The health care provider may release
2information by initiating contact with the county elder-adult-at-risk agency or
3county protective services adult-at-risk agency without receiving a request for
4release of the information from the county elder-adult-at-risk agency or county
5protective services adult-at-risk agency.
AB539, s. 176 6Section 176. 813.123 (title) of the statutes is amended to read:
AB539,67,8 7813.123 (title) Vulnerable adult restraining Restraining orders and
8injunctions
for individuals at risk.
AB539, s. 177 9Section 177. 813.123 (1) (a) of the statutes is amended to read:
AB539,67,1010 813.123 (1) (a) "Abuse" has the meaning given in s. 55.01 46.90 (1) (a).
AB539, s. 178 11Section 178. 813.123 (1) (ae) of the statutes is created to read:
AB539,67,1212 813.123 (1) (ae) "Adult at risk" has the meaning given in s. 55.01 (1e).
AB539, s. 179 13Section 179. 813.123 (1) (am) of the statutes is created to read:
AB539,67,1414 813.123 (1) (am) "Adult-at-risk agency" has the meaning given in s. 55.01 (1f).
AB539, s. 180 15Section 180. 813.123 (1) (b) of the statutes is amended to read:
AB539,67,1716 813.123 (1) (b) "Bodily harm" has the meaning given in s. 939.22 (4) 46.90 (1)
17(aj)
.
AB539, s. 181 18Section 181. 813.123 (1) (br) of the statutes is created to read:
AB539,67,1919 813.123 (1) (br) "Caregiver" has the meaning given in s. 46.90 (1) (an).
AB539, s. 182 20Section 182. 813.123 (1) (c) of the statutes is repealed.
AB539, s. 183 21Section 183. 813.123 (1) (cg) of the statutes is created to read:
AB539,67,2222 813.123 (1) (cg) "Elder adult at risk" has the meaning given in s. 46.90 (1) (br).
AB539, s. 184 23Section 184. 813.123 (1) (dm) of the statutes is created to read:
AB539,67,2524 813.123 (1) (dm) "Financial exploitation" has the meaning given in s. 46.90 (1)
25(ed).
AB539, s. 185
1Section 185. 813.123 (1) (eg) of the statutes is created to read:
AB539,68,22 813.123 (1) (eg) "Harassment" has the meaning given in s. 813.125 (1).
AB539, s. 186 3Section 186. 813.123 (1) (ep) of the statutes is created to read:
AB539,68,54 813.123 (1) (ep) "Individual at risk" means an elder adult at risk or an adult
5at risk.
AB539, s. 187 6Section 187. 813.123 (1) (f) of the statutes is repealed.
AB539, s. 188 7Section 188. 813.123 (1) (fm) of the statutes is created to read:
AB539,68,98 813.123 (1) (fm) "Mistreatment of an animal" means cruel treatment of any
9animal owned by or in service to an individual at risk.
AB539, s. 189 10Section 189. 813.123 (1) (g) of the statutes is amended to read:
AB539,68,1111 813.123 (1) (g) "Neglect" has the meaning given in s. 55.01 (4r) 46.90 (1) (f).
AB539, s. 190 12Section 190. 813.123 (1) (gr) of the statutes is created to read:
AB539,68,1313 813.123 (1) (gr) "Self-neglect" has the meaning given in s. 46.90 (1) (g).
AB539, s. 191 14Section 191. 813.123 (1) (gs) of the statutes is created to read:
AB539,68,1615 813.123 (1) (gs) "Stalking" means engaging in a course of conduct, as defined
16in s. 940.32 (1) (a).
AB539, s. 192 17Section 192. 813.123 (1) (h) of the statutes is repealed.
AB539, s. 193 18Section 193. 813.123 (2) of the statutes is renumbered 813.123 (2) (a) and
19amended to read:
AB539,69,620 813.123 (2) (a) No action under this section may be commenced by complaint
21and summons. An action under this section may be commenced only by a petition
22described under sub. (6). The action commences with service of the petition upon the
23respondent if a copy of the petition is filed before service or promptly after service.
24The vulnerable adult, a parent, an adult sibling, an adult child or the legal guardian
25of the vulnerable adult or a county protective services agency
individual at risk, any

1person acting on behalf of an individual at risk, an elder-adult-at-risk agency, or an
2adult-at-risk agency
may be a petitioner under this section. If the petition is filed
3by a person other than the individual at risk, the petitioner shall serve a copy of the
4petition on the individual at risk.
Section 813.06 does not apply to an action under
5this section. The respondent may respond to the petition either in writing before or
6at the hearing on the issuance of the injunction or orally at that hearing.
AB539, s. 194 7Section 194. 813.123 (2) (b) of the statutes is created to read:
AB539,69,118 813.123 (2) (b) The court may go forward with a petition filed under sub. (6) if
9the individual at risk has been adjudicated incompetent under ch. 880,
10notwithstanding an objection by an individual at risk who is the subject of the
11petition, or an objection by the guardian of the individual at risk.
AB539, s. 195 12Section 195. 813.123 (3) (b) (intro.) and 1. of the statutes are consolidated,
13renumbered 813.123 (3) (b) and amended to read:
AB539,69,1914 813.123 (3) (b) The court or circuit court commissioner, on its or his or her own
15motion or the motion of any party, may shall order one or more of the following: 1.
16That
that a guardian ad litem be appointed under s. 880.331 (1) for the vulnerable
17adult
individual at risk, if the petition under sub. (6) was filed by a person other than
18the individual at risk, and may order that a guardian ad litem be appointed in other
19instances when justice so requires.
AB539, s. 196 20Section 196. 813.123 (3) (b) 2. and 3. of the statutes are renumbered 813.123
21(3) (c) 1. and 2. and amended to read:
AB539,70,222 813.123 (3) (c) 1. That all persons, other than the vulnerable adult individual
23at risk
, the parties, their attorneys, a representative of the county protective services
24adult-at-risk agency or elder-adult-at-risk agency, witnesses, court personnel, and

1any guardian or any guardian ad litem, be excluded from any hearing under this
2section.
AB539,70,73 2. That access to any record of an action under this section be available only
4to the vulnerable adult individual at risk, the parties, their attorneys, any guardian
5or any guardian ad litem, the county protective services adult-at-risk agency or
6elder-adult-at-risk agency
, court personnel, and, upon appeal, any applicable court
7upon appeal.
AB539, s. 197 8Section 197. 813.123 (3) (c) (intro.) of the statutes is created to read:
AB539,70,109 813.123 (3) (c) (intro.) The court or circuit court commissioner, on its or his or
10her own motion or the motion of any party, may order any of the following:
AB539, s. 198 11Section 198. 813.123 (4) (a) (intro.) of the statutes is amended to read:
AB539,70,1912 813.123 (4) (a) (intro.) Unless the vulnerable adult individual at risk, guardian,
13or guardian ad litem consents in writing and the judge or circuit court commissioner
14agrees that the contact is in the best interests of the vulnerable adult individual at
15risk
, a judge or circuit court commissioner shall issue a temporary restraining order
16ordering the respondent to avoid interference with an investigation of the vulnerable
17adult under s. 55.043, the delivery of protective services to the vulnerable adult
18under s. 55.05 or a protective placement of the vulnerable adult under s. 55.06
, as
19specified in par. (ar),
if all of the following occur:
AB539, s. 199 20Section 199. 813.123 (4) (a) 2. of the statutes is renumbered 813.123 (4) (a) 2.
21(intro.) and amended to read:
AB539,70,2322 813.123 (4) (a) 2. (intro.) The judge or circuit court commissioner finds
23reasonable grounds to believe that any of the following:
AB539,71,6 24a. That the respondent has interfered with, or, based on prior conduct of the
25respondent, may interfere with, an investigation of the vulnerable adult under s.

155.043,
individual at risk, the delivery of protective services to the vulnerable adult
2individual at risk under s. 55.05 or a protective placement of the vulnerable adult
3individual at risk under s. 55.06, or the delivery of services to an elder adult at risk
4under s. 46.90 (5m); and that the interference complained of, if continued, would
5make it difficult to determine whether abuse, material abuse, neglect, or self-neglect
6has occured, is occurring, or may recur
.
AB539, s. 200 7Section 200. 813.123 (4) (a) 2. b. of the statutes is created to read:
AB539,71,108 813.123 (4) (a) 2. b. That the respondent engaged in or threatened to engage
9in the abuse, financial exploitation, neglect, harassment, or stalking of an individual
10at risk or the mistreatment of an animal.
AB539, s. 201 11Section 201. 813.123 (4) (ar) of the statutes is created to read:
AB539,71,1312 813.123 (4) (ar) A temporary restraining order issued under par. (a) shall order
13the respondent to do one or more of the following:
AB539,71,1714 1. Avoid interference with an investigation of the elder adult at risk under s.
1546.90 or the adult at risk under s. 55.043, the delivery of protective services to the
16individual at risk under s. 55.05 or a protective placement of the individual at risk
17under s. 55.06, or the delivery of services to the elder adult at risk under s. 46.90 (5m).
AB539,71,2018 2. Cease engaging in or threatening to engage in the abuse, financial
19exploitation, neglect, harassment, or stalking of an individual at risk or
20mistreatment of an animal.
AB539,71,2221 3. Avoid the residence of the individual at risk or any other location temporarily
22occupied by the individual at risk, or both.
AB539,71,2523 4. Avoid contacting or causing any person other than a party's attorney or a law
24enforcement officer to contact the individual at risk unless the individual at risk
25consents in writing.
AB539,72,2
15. Engage in any other appropriate remedy not inconsistent with the remedies
2requested in the petition.
AB539, s. 202 3Section 202. 813.123 (5) (a) (intro.) of the statutes is amended to read:
AB539,72,114 813.123 (5) (a) (intro.) Unless the vulnerable adult individual at risk, guardian,
5or guardian ad litem consents in writing to that a contact in writing and the judge
6agrees that the contact is in the best interests of the vulnerable adult individual at
7risk
, a judge may grant an injunction ordering the respondent to avoid interference
8with an investigation of the vulnerable adult under s. 55.043, the delivery of
9protective services to the vulnerable adult under s. 55.05 or a protective placement
10of the vulnerable adult under s. 55.06
, as specified in par. (ar), if all of the following
11occur:
AB539, s. 203 12Section 203. 813.123 (5) (a) 3. a. of the statutes is amended to read:
AB539,72,1913 813.123 (5) (a) 3. a. That the respondent has interfered with, or, based upon
14prior conduct of the respondent, may interfere with , an investigation of the
15vulnerable elder adult at risk under s. 46.90 or the adult at risk under s. 55.043 and
16that the interference complained of, if continued, would make it difficult to
17determine if misappropriation of property or abuse or neglect, financial exploitation,
18neglect, harassment, or stalking of an individual at risk or mistreatment of an
19animal
is occurring or may recur.
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