AB785,105,17 14(4) Consent of county department. No individual may be transferred under
15this section to a facility that is more costly to the county without the written consent
16of the county department, except in the case of an emergency transfer under sub. (5)
17(b).
AB785,105,24 18(5) Notice of transfer. (a) Nonemergency transfer. A person or entity who
19initiates a transfer shall provide 10 days' prior written notice of a transfer to the court
20that ordered the protective placement and to each of the other persons and entities
21specified in sub. (2) who did not initiate the transfer. The notice of transfer shall
22include notice of the right of the individual under a protective placement, the
23individual's attorney, if any, or other interested person to petition the court for a
24hearing on the transfer.
AB785,106,10
1(b) Emergency transfer. If an emergency makes it impossible to provide the
2notice specified in par. (a) or to obtain the prior written consent of the guardian
3specified in sub. (3), the individual may be transferred without the prior written
4consent of the guardian and without the notice specified in par. (a). Written notice
5shall be provided immediately upon transfer to each of the persons and entities
6specified under sub. (2) who did not initiate the transfer. Notice shall also be
7provided to the court that ordered the protective placement within a reasonable time,
8not to exceed 48 hours from the time of transfer. The notice shall include notice of
9the right to file with the court under sub. (6) a petition objecting to the emergency
10transfer.
AB785,106,15 11(6) Petition. An individual under protective placement, the individual's
12guardian, the individual's attorney, if any, or any other interested person may file a
13petition with the court objecting to a proposed transfer or to an emergency transfer
14made under sub. (5) (b). The petition shall specify the reasons for the person's
15objection to the transfer.
AB785,106,17 16(7) Hearing. (a) The court shall order a hearing within 10 days after the filing
17of a petition under sub. (6).
AB785,106,2018 (b) The court shall notify the petitioner, the individual under protective
19placement, the individual's guardian, the individual's attorney, if any, and the county
20department of the time and place of the hearing.
AB785,106,2521 (c) A guardian ad litem shall be appointed to represent the individual under
22protective placement at the hearing. If the individual is an adult who is indigent, the
23county in which the hearing is held shall be liable for guardian ad litem fees. If the
24individual is a minor, the individual's parents or the county in which the hearing is
25held shall be liable for guardian ad litem fees as provided in s. 48.235 (8).
AB785,107,3
1(cm) The court shall appoint counsel for the individual under protective
2placement if the individual, the individual's guardian ad litem, or anyone on the
3individual's behalf requests that counsel be appointed for the individual
AB785,107,64 (d) The petitioner, individual under protective placement, the individual's
5guardian, the individual's guardian ad litem, and the individual's attorney, if any,
6have the right to attend the hearing and to present and cross-examine witnesses.
AB785,107,9 7(8) Standard for transfer. In determining whether to approve a proposed
8transfer or an emergency transfer made under sub. (5) (b), the court shall consider
9all of the following:
AB785,107,1010 (a) Whether the requirements of s. 55.12 (2) and (6) are met.
AB785,107,1411 (b) Whether the protective placement is in the least restrictive environment
12consistent with the requirements of s. 55.12 (3), (4), and (5) or, if the transfer is to an
13intermediate facility or nursing facility, is in the most integrated setting, as defined
14in s. 46.279 (1) (bm).
AB785,107,1615 (c) Whether the protective placement is in the best interests of the person under
16protective placement.
AB785,107,18 17(9) Order relating to transfer. Following the hearing under sub. (7), the
18court shall do one of the following:
AB785,107,2419 (a) If the court finds that the individual continues to meet the standards under
20s. 55.08 (1) and the individual's proposed protective placement does not meet the
21standards for transfer under sub. (8), the court shall issue an order prohibiting the
22transfer. The court shall include the information relied upon as a basis for the order
23and shall make findings based on the standards under sub. (8) in support of the
24denial of the transfer.
AB785,108,6
1(b) If the court finds that the individual continues to meet the standards under
2s. 55.08 (1) and the proposed transfer meets the standard under sub. (8), the court
3shall approve the proposed transfer. The court may order protective services along
4with transfer of protective placement. The court shall include the information relied
5upon as a basis for the order and shall make findings based on the standards in s.
655.08 (1) in support of the need for continued protective placement.
AB785,108,97 (c) If the court finds that the individual no longer meets the standards under
8s. 55.08 (1), the court shall terminate the protective placement, as provided in s.
955.17.
Note: Revises the provisions in current law regarding transfers of protective
placements. Provides that transfers between placement units, between placement
facilities, or from a placement facility to a medical facility (provided that the medical
facility is not a psychiatric facility), may be made by a county or the Department of Health
and Family Services (DHFS), in addition to a guardian or placement facility. However,
if such a transfer is made, 10 days' prior written notice must be given by the transferring
entity to the guardian, the county, the department, and the placement facility. Further,
this bill requires that a county, the department, or placement facility making such a
transfer must obtain the prior written consent of the guardian. If an emergency precludes
providing the required prior written notice, or precludes obtaining the guardian's prior
written consent, written notice must be provided immediately upon transfer. Under the
bill, if a guardian, ward or attorney, or other interested person files a petition specifying
objections to a transfer, the court must order a hearing within 10 days after filing the
petition, or within 96 hours after filing of the petition in the case of an emergency transfer
made without the required prior written notice and prior written consent of the guardian.
For nonemergency transfers, the purpose of the hearing is to determine whether
the proposed placement meets the standards of s. 55.12 (2) and (6), is in the least
restrictive environment or most integrated setting, and is in the best interests of the
ward.
AB785, s. 167 10Section 167. 55.16 of the statutes is created to read:
AB785,109,2 1155.16 Modification of an order for protective placement or protective
12services.
(1) Use of transfer provisions. If a petitioner is an entity authorized
13under s. 55.15 (2) to transfer an individual under a protective placement and the
14modification sought is a transfer of an individual between protective placement
15units, between protective placement facilities, or from a protective placement unit

1to a medical facility that is not a psychiatric facility, the petitioner may utilize the
2procedure in s. 55.15 in lieu of the procedure under this subsection.
AB785,109,11 3(2) Petition. (a) Filing; services. An individual under protective placement
4or receiving protective services, the individual's guardian, the individual's legal
5counsel or guardian ad litem, if any, the department, the county department that
6placed the individual or provided the protective services under an order of the court,
7an agency with which the county department contracts under s. 55.02 (2), or any
8interested person may file a petition at any time for modification of an order for
9protective services or protective placement. The petition shall be served on the
10individual, the individual's guardian, the individual's legal counsel and guardian ad
11litem, if any, and the county department.
AB785,109,1412 (b) Modification of an order for protective placement; allegations. A petition for
13modification of an order for protective placement shall make one of the following
14allegations:
AB785,109,1615 1. That the protective placement is not in the least restrictive environment that
16is consistent with the requirements of s. 55.12 (3), (4), and (5).
AB785,109,1817 2. That a protective placement in a facility with a higher level of restrictiveness
18would be more consistent with the requirements of s. 55.12 (3), (4), and (5).
AB785,109,2219 3. That a protective placement in a different facility with the same level of
20restrictiveness as the current placement would be more consistent with the
21requirements of s. 55.12 (4) and (5) for reasons unrelated to the level of
22restrictiveness.
AB785,110,223 (c) Modification of an order for protective services; allegations. 1. A petition for
24modification of an order for protective services, other than an order under s. 55.14,
25shall allege that the protective services are not provided in the least restrictive

1environment or manner that is consistent with the requirements of s. 55.12 (3), (4),
2and (5).
AB785,110,53 2. A petition for modification of an order under s. 55.14 shall allege that
4modification of the order or the treatment plan for the individual would be in his or
5her best interests.
AB785,110,10 6(3) Hearing. (a) The court shall order a hearing within 21 days after the filing
7of a petition under sub. (2), except that the court is not required to order a hearing
8if a hearing on a court-ordered protective placement for the individual or on a
9petition for court-ordered protective services or transfer of protective placement
10with respect to the individual has been held within the previous 6 months.
AB785,110,1211 (b) The court may extend the 21-day limitation in par. (a) if requested by the
12individual or the individual's guardian, guardian ad litem, or legal counsel.
AB785,110,1313 (c) The hearing shall be subject to s. 55.10 (4).
AB785,110,17 14(4) Order modification for individual under protective placement. After a
15hearing under sub. (3) on a petition for modification of an order for protective
16placement, the court shall make one of the following orders and shall include in the
17order the information relied on as a basis for that order:
AB785,110,2218 (a) If the court finds that the individual continues to meet the standards under
19s. 55.08 (1) and the individual's protective placement is in the least restrictive
20environment that is consistent with the requirements of s. 55.12 (3), (4), and (5), the
21court shall order continuation of the protective placement in the facility in which the
22individual resides at the time of the hearing.
AB785,111,1023 (b) If the court finds that the individual continues to meet the standards under
24s. 55.08 (1) and the protective placement of the individual is not in the least
25restrictive environment that is consistent with the requirements of s. 55.12 (3), (4),

1and (5), the court shall order transfer of the individual to a protective placement that
2is in the least restrictive environment consistent with the requirements of s. 55.12
3(3), (4), and (5). In lieu of ordering transfer of the individual to a specific facility, the
4court may order the county department of the individual's residence to develop or
5recommend a protective placement that is in the least restrictive environment
6consistent with the requirements of s. 55.12 (3), (4), and (5), and arrange for the
7individual's transfer to that protective placement within 60 days after the court's
8order. The court may extend this time period to permit development of a protective
9placement. The court may order protective services along with transfer of protective
10placement.
AB785,111,1311 (c) If the court finds that the individual no longer meets the standards under
12s. 55.08 (1), the court shall terminate the protective placement, as provided in s.
1355.17 (3) (c).
AB785,111,18 14(5) Order modification for individual receiving court-ordered protective
15services.
(a) After a hearing under sub. (3) on a petition for modification of an order
16for protective services, other than an order under s. 55.14, the court shall make one
17of the following orders and shall include in the order the information relied on as a
18basis for that order:
AB785,111,2219 1. If the court finds that the individual continues to meet the standards under
20s. 55.08 (2) and the current protective services are provided in the least restrictive
21manner that is consistent with the requirements of s. 55.12 (3), (4), and (5), the court
22shall continue the order for protective services.
AB785,112,323 2. If the court finds that the individual continues to meet the standards under
24s. 55.08 (2) and the protective services ordered for the individual are not provided in
25the least restrictive manner that is consistent with the requirements of s. 55.12 (3),

1(4), and (5), the court shall order protective services that are more consistent with
2those requirements. The services shall be provided in the least restrictive manner
3consistent with the requirements of s. 55.12 (3), (4), and (5).
AB785,112,64 3. If the court finds that the individual no longer meets the standards for
5protective services under s. 55.08 (2), the court shall terminate the order for
6protective services, as provided in s. 55.17 (4) (a) 3.
AB785,112,97 (b) After a hearing under sub. (3) on a petition for modification of an order under
8s. 55.14, the court shall make one of the orders required under s. 55.19 (3) (e) and
9shall include in the order the information relied on as a basis for that order.
Note: Revises the limited provisions in current law regarding modification of an
order for a protective placement. A petition for modification of an order for protective
placement may be filed by an individual subject to a protective placement; the
individual's guardian, legal counsel, or guardian ad litem; the DHFS; the county
department that placed the individual; a contractual agency; or any interested person.
The petition must be served on the individual; the individual's guardian; the individual's
legal counsel and guardian ad litem, if any; and the county department. The petition
must contain specific allegations, depending on whether the individual is under a
protective placement order or court-ordered protective services. A hearing on the
petition must be held within 21 days after the filing of the petition, if a hearing on a
protective placement petition or transfer has not been held within the previous 6 months.
The order must contain specific findings regarding whether the person currently meets
the standard for protective placement or court-ordered protective services. If the person
continues to meet the standard for protective placement or court-ordered protective
services, the court must continue the order or modify the order so that the placement or
service are consistent with the person's needs if the person's needs have changed. If the
person does not currently meet the standard for protective placement or protective
services, the order must require termination of the protective placement or court-ordered
protective services. Notice of the order must be provided to the individual; the
individual's guardian, guardian ad litem, and legal counsel, if any; and the residential
facility, if the person receives services in such a facility. The transfer provisions may be
used if the modification sought is transfer of an individual between placement units,
between placement facilities, or from a placement unit to a medical facility, and if the
petitioner is an entity authorized to initiate such a transfer.
AB785, s. 168 10Section 168. 55.17 of the statutes is created to read:
AB785,112,12 1155.17 Termination of an order for protective placement or protective
12services.
AB785,112,13 13(2) Hearing. A hearing under this section shall comply with s. 55.16 (3).
AB785,113,4
1(3) Order for individual under protective placement. After a hearing under
2sub. (2) on a petition for termination of an order for protective placement, the court
3shall make one of the following orders and shall include in the order the information
4relied on as a basis for that order:
AB785,113,95 (a) If the court finds that the individual continues to meet the standards under
6s. 55.08 (1) and the individual's protective placement is in the least restrictive
7environment that is consistent with the requirements of s. 55.12 (3), (4), and (5), the
8court shall order continuation of the individual's protective placement in the facility
9in which he or she resides at the time of the hearing.
AB785,113,1310 (b) If the court finds that the individual continues to meet the standards under
11s. 55.08 (1) and the protective placement of the individual is not in the least
12restrictive environment that is consistent with the requirements of s. 55.12 (3), (4),
13and (5), the court shall make an order specified in s. 55.16 (4) (b).
AB785,113,1614 (c) If the individual no longer meets the standards under s. 55.08 (1), the court
15shall terminate the protective placement. If the protective placement is terminated,
16all of the following shall apply:
AB785,113,2117 1. The court shall review the needs of the individual with respect to protective
18services. If the court determines that the individual meets the standards for
19protective services under s. 55.08 (2), the court may order protective services. The
20services shall be provided in the least restrictive manner consistent with the
21requirements of s. 55.12 (3), (4), and (5).
AB785,114,222 2. If the court determines that the individual does not meet the standards for
23protective services under s. 55.08 (2), and the individual is being transferred or
24discharged from his or her current residential facility, the county department shall
25assist the residential facility with discharge planning for the individual, including

1planning for a proper residential living arrangement and the necessary support
2services for the individual.
AB785,114,93 3. Any individual whose protective placement is terminated under this
4paragraph may reside in his or her current protective placement facility for up to 60
5days after a determination under subd. 1. or 2. in order to arrange for an alternative
6living arrangement. If the protective placement facility has fewer than 16 beds, the
7individual may remain in the protective placement facility as long as the
8requirements of s. 55.055 are met. Admission by the individual, if an adult, to
9another residential facility shall be made under s. 55.055.
AB785,114,14 10(4) Order for individual receiving court-ordered protective services. (a)
11After a hearing under sub. (2) on a petition for termination of an order for protective
12services, other than an order under s. 55.14, the court shall make one of the following
13orders and shall include in the order the information relied on as a basis for that
14order:
AB785,114,1815 1. If the individual continues to meet the standards under s. 55.08 (2) and the
16protective services ordered for the individual are provided in the least restrictive
17manner that is consistent with the requirements of s. 55.12 (3), (4), and (5), the court
18shall continue the order for protective services.
AB785,114,2219 2. If the individual continues to meet the standards under s. 55.08 (2) and the
20protective services ordered for the individual are not provided in the lease restrictive
21manner that is consistent with the requirements of s. 55.12 (3), (4), and (5), the court
22shall make an order for protective services as provided in s. 55.16 (5) (a) 2.
AB785,114,2423 3. If the individual no longer meets the standards for protective services under
24s. 55.08 (2), the court shall terminate the order for protective services.
AB785,115,3
1(b) After a hearing under sub. (2) on a petition for termination of an order under
2s. 55.14, the court shall make one of the orders required under s. 55.19 (3) (e) and
3shall include in the order the information relied on as a basis for that order.
Note: Establishes procedures for the termination of a protective placement or
court order for protective services. The provisions pertaining to who may petition, the
contents of the petition, service of the petition, and requirement for conducting the
hearing for a modification of protective placement or court-ordered protective services
apply to petitions for a termination of placement or services.
The court may make one of the following orders after a hearing on a petition for
termination of protective placement or services:
1. If the individual continues to meet the statutory standards for protective
placement and the placement is in the least restrictive environment consistent with the
person's needs and with the statutory factors, order continuation of the person's
protective placement in the same facility.
2. If the individual continues to meet the statutory standards for protective
placement but the placement is not in an environment consistent with the person's needs
and with the statutory factors, the court shall transfer the person to a facility that is in
the least restrictive environment consistent with the person's needs and with the factors.
In addition to this option, the court may also order protective services.
3. If the individual no longer meets the statutory standard for protective
placement, the court shall terminate the protective placement. If the placement is
terminated, the court must either order protective services or ensure the development of
a proper living arrangement for the person if the individual is being transferred or
discharged from his or her current residential facility. If the person who is the subject
of the petition is under an order for protective services, the court may order continuation
of the protective services order if the person continues to meet the statutory standard for
court-ordered protective services; order that the protective services be provided in a
manner more consistent with the person's needs; or terminate the order for protective
services if the person no longer meets the standard.
AB785, s. 169 4Section 169. 55.18 of the statutes is created to read:
AB785,115,8 555.18 Annual review of protective placement. All of the following shall
6be performed with respect to any individual who is subject to an order for protective
7placement under s. 55.12 or to an order for protective placement initially issued
8under s. 55.06 (9) (a), 2003 stats.:
AB785,115,11 9(1) County department performance of review. (a) 1. File a report of the
10review with the court that ordered the protective placement. The report shall include
11information on all of the following:
AB785,116,3
1a. The functional abilities and disabilities of the individual at the time the
2review is made, including the needs of the individual for health, social, or
3rehabilitation services, and the level of supervision needed.
AB785,116,54 b. The ability of community services to provide adequate support for the
5individual's needs.
AB785,116,66 c. The ability of the individual to live in a less restrictive setting.
AB785,116,97 d. Whether sufficient services are available to support the individual and meet
8the individual's needs in the community and if so, an estimate of the cost of the
9services, including the use of county funds.
AB785,116,1610 e. Whether the protective placement order should be terminated or whether the
11individual should be placed in another facility with adequate support services that
12places fewer restrictions on the individual's personal freedom, is closer to the
13individual's home community, or more adequately meets the individual's needs,
14including any recommendation that is made during the reporting period by the
15county department with respect to termination of the protective placement or
16placement of the individual in another facility.
AB785,116,1917 f. The comments of the individual and the individual's guardian during the
18performance of the review, as summarized by the county department, and the
19response of the county department to the comments.
AB785,116,2120 g. The comments, if any, of a staff member at the facility in which the individual
21is placed that are relevant to the review of the individual's placement.
AB785,116,2322 2. File with the court under subd. 1. a petition for annual review by the court
23of the protective placement ordered for the individual.
AB785,117,3
13. Provide the report under subd. 1. to the individual and the guardian of the
2individual, and to the individual's agent under an activated power of attorney for
3health care, if any.
AB785,117,114 (b) If, following an annual review of an individual's status under par. (a), the
5individual or the individual's guardian or guardian ad litem requests modification
6or termination of the individual's protective placement and a hearing under the
7requirements of s. 55.10 (4) is provided, or if a hearing under the requirements of s.
855.10 (4) is provided pursuant to a petition for modification or termination of the
9protective placement, the county is not required to initiate a subsequent review of
10the individual's status under par. (a) until the first day of the 11th month after the
11date that the court issues a final order after the hearing.
AB785,117,1412 (bm) If the individual is subject to an order for involuntary administration of
13psychotropic medication under s. 55.14, the review under par. (a) shall be conducted
14simultaneously with the review under s. 55.19.
AB785,117,1615 (c) The review under par. (a) may not be conducted by a person who is an
16employee of the facility in which the individual resides.
AB785,117,20 17(1m) County agreement. The county of residence of an individual whose
18placement is in a different county may enter into an agreement with that county
19under which the county of the individual's placement performs all or part of the
20duties of the county of residence under this section.
AB785,117,24 21(2) Guardian ad litem appointment and report. After a county department has
22filed a report with a court under sub. (1) (a) 1., the court shall appoint a guardian ad
23litem in accordance with s. 757.48 (1). The guardian ad litem shall do all of the
24following:
AB785,118,3
1(a) Review the report filed under sub. (1) (a) 1., the report required under s.
2880.38 (3), and any other relevant reports on the individual's condition and
3placement.
AB785,118,54 (b) Meet with the individual and contact the individual's guardian and orally
5explain to the individual and guardian all of the following:
AB785,118,66 1. The procedure for review of protective placement.
AB785,118,77 2. The right of the individual to appointment of legal counsel under sub. (3) (c).
AB785,118,88 3. The right to an evaluation under sub. (3) (b).
AB785,118,99 4. The contents of the report under sub. (1) (a) 1.
AB785,118,1110 5. That a change in or termination of protective placement may be ordered by
11the court.
AB785,118,1412 6. The right to a hearing under sub. (3) (d) and an explanation that the
13individual or the individual's guardian may request a hearing that meets the
14requirements under s. 55.10 (4).
AB785,118,1615 (c) Provide the information required under par. (b) to the individual and to the
16individual's guardian in writing.
AB785,118,1817 (d) Review the individual's condition, placement, and rights with the
18individual's guardian.
AB785,118,2019 (e) Ascertain whether the individual wishes to exercise any of his or her rights
20under sub. (3) (b), (c), or (d)
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