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.
AB539, s. 141 8Section 141. 55.043 (1r) (b) 6. a. of the statutes is created to read:
AB539,52,139 55.043 (1r) (b) 6. a. To an adult-at-risk agency or other investigative agency
10under this section. The financial record holder may release financial record
11information by initiating contact with the adult-at-risk agency or other
12investigative agency without first receiving a request for release of the information
13from the adult-at-risk agency or other investigative agency.
AB539, s. 142 14Section 142. 55.043 (1r) (b) 6. b. of the statutes is created to read:
AB539,52,1515 55.043 (1r) (b) 6. b. Under a lawful order of a court of record.
AB539, s. 143 16Section 143. 55.043 (1r) (c) 2. b. of the statutes is created to read:
AB539,52,1917 55.043 (1r) (c) 2. b. The adult at risk has a guardian or agent under an activated
18power of attorney for health care, but that guardian or agent is the person suspected
19of abusing, neglecting, or financially exploiting the adult at risk.
AB539, s. 144 20Section 144. 55.043 (1r) (d) of the statutes is created to read:
AB539,52,2521 55.043 (1r) (d) No person may be held civilly or criminally liable or be found
22guilty of unprofessional conduct for responding to a report or for participating in or
23conducting an investigation under this subsection, including the taking of
24photographs or conducting of a medical examination, if the response or investigation
25was performed in good faith and within the scope of his or her authority.
AB539, s. 145
1Section 145. 55.043 (2) of the statutes is renumbered 55.043 (2) (a) and
2amended to read:
AB539,53,93 55.043 (2) (a) The county protective services adult-at-risk agency may request
4a sheriff or police officer to accompany the adult-at-risk agency investigator or
5worker
during visits to the residence of the vulnerable adult adult at risk or request
6other assistance as needed. If the request is made, a sheriff or police officer shall
7accompany the adult-at-risk agency investigator of the county protective services
8agency
or worker to the residence of the vulnerable adult adult at risk and shall
9provide other assistance as requested or necessary.
AB539, s. 146 10Section 146. 55.043 (2) (b) of the statutes is created to read:
AB539,53,1511 55.043 (2) (b) If the adult-at-risk agency worker or investigator or other
12agency investigator has reason to believe that substantial physical harm,
13irreparable injury, or death may occur to an adult at risk, the worker or investigator
14shall either initiate a protective services action under this chapter or contact law
15enforcement or another public agency, as appropriate.
AB539, s. 147 16Section 147. 55.043 (3) of the statutes is amended to read:
AB539,53,2217 55.043 (3) Restraining order; injunction. If a person other than the
18vulnerable adult
interferes with the response or investigation under sub. (1) (1r) or
19interferes with the delivery of protective services under this chapter to the
20vulnerable adult at risk, the county protective services adult-at-risk agency
21investigator or worker may obtain a restraining apply for an order or injunction
22under s. 813.123 against the person prohibiting the interference.
AB539, s. 148 23Section 148. 55.043 (4) (title) of the statutes is amended to read:
AB539,53,2424 55.043 (4) (title) Offer of services and referral of cases.
AB539, s. 149
1Section 149. 55.043 (4) (intro.) of the statutes is renumbered 55.043 (4) (b)
2(intro.) and amended to read:
AB539,54,73 55.043 (4) (b) (intro.) If upon investigation, after responding to a report, the
4county protective services adult-at-risk agency finds misappropriation of property
5or
has reason to believe that the adult at risk has been the subject of abuse, financial
6exploitation,
neglect or abuse of a vulnerable adult , or self-neglect, the county
7protective services
adult-at-risk agency may do one or more any of the following:
AB539, s. 150 8Section 150. 55.043 (4) (a) of the statutes is renumbered 55.043 (4) (b) 1. and
9amended to read:
AB539,54,1210 55.043 (4) (b) 1. Offer services, including Initiate a protective services under
11s. 55.05, a protective placement under s. 55.06, relocation assistance or other services

12action or contact an investigative agency, as appropriate.
AB539, s. 151 13Section 151. 55.043 (4) (am) of the statutes is created to read:
AB539,54,1914 55.043 (4) (am) Upon responding to a report, the adult-at-risk agency or the
15investigative agency shall determine whether the adult at risk or any other
16individual involved in the alleged abuse, financial exploitation, neglect, or
17self-neglect is in need of services under this chapter or ch. 46, 47, 59, 51, or 880. If
18provided, direct services shall be rendered under the least restrictive conditions
19necessary to achieve their objective.
AB539, s. 152 20Section 152. 55.043 (4) (b) of the statutes is renumbered 55.043 (4) (b) 2. and
21amended to read:
AB539,55,222 55.043 (4) (b) 2. Take appropriate emergency action, including emergency
23protective placement under s. 55.06, if the county protective services adult-at-risk
24agency considers that the emergency action is in the vulnerable adult's best interests

1of the adult at risk and the emergency action is the least restrictive appropriate
2intervention.
AB539, s. 153 3Section 153. 55.043 (4) (c) of the statutes is renumbered 55.043 (4) (b) 3. and
4amended to read:
AB539,55,85 55.043 (4) (b) 3. Refer the case to local law enforcement officials under, as
6specified in
sub. (2), for further investigation or to the district attorney, if the county
7protective services
adult-at-risk agency has reason to believe that a violation of chs.
8939 to 951 has occurred
crime has been committed.
AB539, s. 154 9Section 154. 55.043 (4) (d) of the statutes is renumbered 55.043 (4) (b) 4. and
10amended to read:
AB539,55,1411 55.043 (4) (b) 4. Refer the case to the licensing permitting, registration, or
12certification authorities of the department or to other regulatory bodies if the
13residence, facility, or program for the vulnerable adult at risk is or should be licensed,
14permitted, registered,
or certified or is otherwise regulated.
AB539, s. 155 15Section 155. 55.043 (4) (e) of the statutes is renumbered 55.043 (4) (b) 5. and
16amended to read:
AB539,55,2017 55.043 (4) (b) 5. Refer the case to the department of regulation and licensing
18if the misappropriation of property or financial exploitation, neglect, self-neglect, or
19abuse involves an individual who is required to hold a credential, as defined in s.
20440.01 (2) (a), under chs. 440 to 460.
AB539, s. 156 21Section 156. 55.043 (4) (f) of the statutes is renumbered 55.043 (4) (b) 6. and
22amended to read:
AB539,56,323 55.043 (4) (b) 6. Bring or refer for action to bring a petition for a guardianship
24and protective service services or protective placement or a review of an existing
25guardianship
if necessary to prevent misappropriation of property or financial

1exploitation,
neglect, self-neglect, or abuse and if the vulnerable adult at risk would
2otherwise be at risk of serious harm because of an inability to arrange for necessary
3food, clothing, shelter and, or services.
AB539, s. 157 4Section 157. 55.043 (5) of the statutes is repealed.
AB539, s. 158 5Section 158. 55.043 (5g) of the statutes is created to read:
AB539,56,96 55.043 (5g) Refusal of services. An adult at risk may refuse to accept services
7unless a guardian authorizes the services. The adult-at-risk agency or other
8provider agency shall notify the adult at risk of this right to refuse before providing
9services.
AB539, s. 159 10Section 159. 55.043 (6) of the statutes is created to read:
AB539,56,1111 55.043 (6) Records; confidentiality. (a) In this subsection:
AB539,56,1412 1. "Departmental report form" includes documentation of an adult-at-risk
13agency's response to or investigation of a report made under sub. (1r) and is the
14information required to be submitted to the department.
AB539,56,1615 2. "Record" includes any document relating to the response, investigation,
16assessment, and disposition of a report made under sub. (1r).
AB539,56,2217 (am) The adult-at-risk agency shall prepare a departmental report form on its
18response under sub. (1r) to a report of suspected abuse, financial exploitation,
19neglect, or self-neglect. If the adult-at-risk agency refers the report to an
20investigative agency, the investigative agency shall advise the adult-at-risk agency
21in writing of its response to the report. The adult-at-risk agency shall maintain
22records of suspected abuse, financial exploitation, neglect, or self-neglect.
AB539,56,2523 (b) Departmental report forms are confidential and may not be released by the
24adult-at-risk agency or other investigative agency, except under the following
25circumstances:
AB539,57,6
11. To the adult at risk, any person named in a departmental report form who
2is suspected of abusing, neglecting, or financially exploiting an adult-at-risk, and
3the suspect's attorney. These persons may inspect the departmental report form,
4except that information identifying the person who initially reported the suspected
5abuse, financial exploitation, neglect, or self-neglect, or any other person whose
6safety might be endangered through disclosure, may not be released.
AB539,57,87 2. To the agency or other entity contacted under sub. (2) (b). Information
8obtained under this subdivision shall remain confidential.
AB539,57,139 3. To an individual, organization, or agency designated by the department or
10as required by law for the purposes of management audits or program monitoring
11and evaluation. Information obtained under this subdivision shall remain
12confidential and may not be used in any way that discloses the names of or other
13identifying information about the individuals involved.
AB539,57,2214 4. For purposes of research, if the research project has been approved by the
15department or the adult-at-risk agency and the researcher has provided assurances
16that the information will be used only for the purposes for which it was provided to
17the researcher, the information will not be released to a person not connected with
18the study under consideration, and the final product of the research will not reveal
19information that may serve to identify the individuals involved. The information
20shall remain confidential. In approving the use of information under this
21subdivision, the department shall impose any additional safeguards needed to
22prevent unwarranted disclosure of information.
AB539,57,2323 5. Under lawful order of a court of record.
AB539,58,424 6. To any agency or individual that provides direct services under sub. (4),
25including an attending physician for purposes of diagnosis, examination, and

1treatment, and within the department to coordinate treatment for mental illness,
2developmental disabilities, alcoholism, or drug abuse of individuals committed to or
3under the supervision of the department. Information obtained under this
4subdivision shall remain confidential.
AB539,58,105 7. To the guardian of the adult at risk or the guardian of any person named in
6a report who is suspected of abusing, neglecting, or financially exploiting an adult
7at risk. These persons may inspect the departmental report form, except that
8information identifying the person who initially reported the suspected abuse,
9financial exploitation, neglect, or self-neglect, or any other person whose safety
10might be endangered through disclosure, may not be released.
AB539,58,1211 8. To law enforcement officials in accordance with the policy developed under
12sub. (1g) (a).
AB539,58,1613 9. To a federal agency, state governmental agency, agency of any other state,
14or local unit of government in this state or any other state that has a need for a
15departmental report form in order to carry out its responsibility to protect adults at
16risk from abuse, financial exploitation, neglect, or self-neglect.
AB539,58,1917 10. To the reporter who made a report in his or her professional capacity,
18regarding action taken to protect or provide services to the alleged victim of abuse,
19financial exploitation, neglect, or self-neglect.
AB539,58,2320 (bd) If a person requesting a departmental report form is not one of the persons
21or entities specified in par. (b), the adult-at-risk agency may release information
22indicating only whether or not a report was received and whether or not statutory
23responsibility was fulfilled.
AB539,59,3
1(br) Notwithstanding par. (b) 1. to 10., an adult-at-risk agency or an
2investigative agency may not release departmental report forms under this section,
3if any of the following applies:
AB539,59,84 1. The adult-at-risk agency determines that release would be contrary to the
5best interests of the adult at risk who is the subject of the departmental report form
6or of a minor residing with the subject of the departmental report form, or the release
7is likely to cause mental, emotional, or physical harm to the subject of the
8departmental report form or to any other individual.
AB539,59,119 2. The district attorney determines that disclosure of the information would
10jeopardize any ongoing or future criminal investigation or prosecution or would
11jeopardize a defendant's right to a fair trial.
AB539,59,1412 3. The adult-at-risk agency determines that disclosure would jeopardize
13ongoing or future civil investigations or proceedings or would jeopardize the fairness
14of such a legal proceeding.
AB539,59,1715 (bt) Subject to pars. (b), (bd), (br), (bv) and (bw), records under this subsection
16are confidential and may not be released by the adult-at-risk agency or other
17investigative agency, except under the following circumstances, upon request:
AB539,59,1818 1. To the adult at risk who is the alleged victim named in the record.
AB539,59,2219 2. To the legal guardian, conservator, or other legal representative of the adult
20at risk who is the alleged victim named in the record, if the legal guardian,
21conservator, or other legal representative of the alleged victim is not the alleged
22perpetrator of the abuse, financial exploitation, or neglect.
AB539,59,2523 3. To law enforcement officials and agencies in accordance with the policy
24developed under sub. (1g) (a) or with investigations conducted under sub. (1r), or a
25district attorney, for purposes of investigation or prosecution.
AB539,60,3
14. To the department, under s. 51.03 (2), or for death investigations under s.
250.04 (2t) or 50.035 (5); or to a sheriff, police department, or district attorney for
3death investigations under s. 51.64 (2) (a).
AB539,60,74 5. To an employee of the county department under s. 51.42 or 51.437 that is
5providing services to an adult at risk who is the alleged victim named in the record,
6or to the alleged perpetrator of abuse, to determine whether the alleged victim should
7be transferred to a less restrictive or more appropriate treatment modality or facility.
AB539,60,118 6. To a court, tribal court, or state governmental agency for a proceeding
9relating to the licensure or regulation of an individual or entity regulated or licensed
10by the state governmental agency, that was an alleged perpetrator of abuse, financial
11exploitation, or neglect.
AB539,60,1312 7. To the department, for management, audit, program monitoring,
13evaluation, billing, or collection purposes.
AB539,60,1614 8. To the attorney or guardian ad litem for the adult at risk who is the alleged
15victim named in the record, to assist in preparing for any proceeding under ch. 48,
1651, 55, 880, 971, or 975 pertaining to the alleged victim.
AB539,60,1917 9. To a coroner, medical examiner, pathologist, or other physician investigating
18the cause of death of an adult at risk that is unexplained or unusual or is associated
19with unexplained or suspicious circumstances.
AB539,60,2120 10. To staff members of the protection and advocacy agency designated under
21s. 51.62 and the board on aging and long-term care under s. 16.009.
AB539,60,2422 11. To an agency, including a probation or parole agency, that is legally
23responsible for the supervision of an alleged perpetrator of abuse, neglect, or
24financial exploitation of an adult at risk.
AB539,61,2
112. To a grand jury, if it determines that access to specified records is necessary
2for the conduct of its official business.
AB539,61,33 13. Under a lawful order of a court of record.
AB539,61,84 (bv) The identity of a person making a report of alleged abuse, neglect,
5self-neglect, or financial exploitation shall be deleted from any record prior to its
6release under par. (bt) or from any departmental report form prior to its release
7under par. (b). The identity of any reporter may only be released with the written
8consent of the reporter or under a lawful order of a court of record.
AB539,61,119 (bw) A person to whom a departmental report form or a record is disclosed
10under this subsection may not further disclose it, except to the persons and for the
11purposes specified in this subsection.
AB539,61,1612 (by) A custodian of records or departmental report forms incurs no civil or
13criminal liability under this subsection and may not be found guilty of unprofessional
14conduct for the release or nonrelease of records or departmental report forms in
15accordance with this subsection while acting in good faith and within the scope of his
16or her authority.
AB539, s. 160 17Section 160. 55.043 (7) of the statutes is created to read:
AB539,61,2118 55.043 (7) Exception. Nothing in this section may be construed to mean that
19a person is abused, financially exploited, neglected, or in need of direct or protective
20services solely because he or she consistently relies upon treatment by spiritual
21means through prayer for healing in accordance with his or her religious tradition.
AB539, s. 161 22Section 161. 55.043 (8) of the statutes is created to read:
AB539,61,2523 55.043 (8) Department duties. (a) The department shall develop a plan to
24assist adult-at-risk agencies in determining appropriate responses to reports of
25abuse, financial exploitation, neglect, or self-neglect.
AB539,62,2
1(b) The department shall prepare and distribute sample departmental report
2forms for use by adult-at-risk agencies.
AB539,62,103 (c) The department shall collect statistical information from each county
4pertaining to each reported case of abuse, financial exploitation, neglect, or
5self-neglect. The department may require adult-at-risk agency workers or
6investigators to submit departmental report forms to the department that
7summarize the information being reported. These departmental report forms may
8not name or otherwise identify individuals. The department shall use this
9information to review the effectiveness of this section, to plan program changes, and
10to formulate reports.
AB539,62,1611 (d) The department shall develop and disseminate information on
12adult-at-risk abuse and the adult-at-risk reporting system under this section. The
13department shall also develop informational materials to be used by adult-at-risk
14agencies regarding abuse of adults at risk and regarding the adult-at-risk abuse
15reporting system. The department shall solicit contributions of labor, materials, and
16expertise from private sources to assist in developing the informational materials.
AB539, s. 162 17Section 162. 55.043 (9) of the statutes is repealed.
AB539, s. 163 18Section 163. 55.043 (9m) of the statutes is created to read:
AB539,62,2319 55.043 (9m) Penalties. (a) Any person, including the state or any political
20subdivision of the state, violating sub. (6) is liable to any person damaged as a result
21of the violation for such damages as may be proved, together with exemplary
22damages of not less than $100 nor more than $500 for each violation and the costs
23and reasonable actual attorney fees that are incurred by the person damaged.
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