AB785,57,19
18(6p) "Protective placement unit" means a ward, wing, or other designated part
19of a placement facility.
AB785,57,20
20(6r) "Protective services" includes any of the following:
AB785,57,2121
(a) Outreach.
AB785,57,2222
(b) Identification of individuals in need of services.
AB785,57,2323
(c) Counseling and referral for services.
AB785,58,1
1(d) Coordination of services for individuals.
AB785,58,22
(e) Tracking and follow-up.
AB785,58,33
(f) Social services.
AB785,58,44
(g) Case management.
AB785,58,55
(h) Legal counseling or referral.
AB785,58,66
(i) Guardianship referral.
AB785,58,77
(j) Diagnostic evaluation.
AB785,58,128
(k) Any services that, when provided to an individual with developmental
9disabilities, degenerative brain disorder, serious and persistent mental illness, or
10other like incapacity, keep the individual safe from abuse, neglect, or
11misappropriation of property or prevent the individual from experiencing
12deterioration or from inflicting harm on himself or herself or another person.
Note: Creates a definition of protective placement. This definition is derived from
the first sentence of s. 55.06 (1). Creates a definition of protective services. This definition
incorporates the noninclusive list of possible services from current s. 55.04 (1) (a), and
specifies that "protective services" includes any services that are intended to keep
specified individuals safe from abuse, neglect, or misappropriation of property, or prevent
the individual from inflicting harm on himself or herself or another person.
AB785, s. 76
13Section
76. 55.01 (6t) of the statutes is created to read:
AB785,58,1614
55.01
(6t) "Residence" means the voluntary concurrence of an individual's
15physical presence with his or her intent to remain in a place of fixed habitation.
16Physical presence is prima facie evidence of intent to remain.
Note: Creates a definition of "residence" for use in ch. 55. This definition is based
on the definition of "residence" in s. 49.001.
AB785, s. 77
17Section
77. 55.01 (6v) of the statutes is created to read:
AB785,58,1918
55.01
(6v) "Serious and persistent mental illness" has the meaning given in s.
1951.01 (14t).
Note: Creates a definition of "serious and persistent mental illness", which is used
in this bill and replaces the outdated term "chronic mental illness".
AB785, s. 78
1Section
78. 55.01 (6x) of the statutes is created to read:
AB785,59,22
55.01
(6x) "Treatment facility" has the meaning given in s. 51.01 (19).
Note: Provides that in ch. 55, "treatment facility" has the same definition as in ch.
51: "any publicly or privately operated facility or unit thereof providing treatment of
alcoholic, drug dependent, mentally ill or developmentally disabled persons, including
but not limited to inpatient and outpatient treatment programs, community support
programs and rehabilitation programs".
AB785, s. 79
3Section
79. 55.01 (6y) of the statutes is created to read:
AB785,59,54
55.01
(6y) "Voluntary" means according to an individual's free choice, if
5competent, or by choice of a guardian, if adjudicated incompetent.
Note: Creates a definition of "voluntary", a term which is used in this bill.
AB785, s. 80
6Section
80. 55.02 of the statutes is repealed and recreated to read:
AB785,59,8
755.02 Protective services and protective placement: duties. (1) 8Department duties. (a) The department shall do all of the following:
AB785,59,109
1. Cooperate with county departments to develop and operate a coordinated,
10statewide system for protective services and protective placement.
AB785,59,1211
2. Monitor and supervise the implementation and operation of the protective
12services and protective placement system.
AB785,59,1413
3. Provide technical assistance to county departments providing protective
14services and protective placement.
AB785,59,1515
4. Evaluate the protective services and protective placement system.
AB785,59,1716
(b) The department may provide protective services and protective placement
17directly or contract for the provision of protective services or protective placement.
AB785,60,4
18(2) County department duties. (a) The chairperson of each county board of
19supervisors shall designate a county department under s. 46.215, 46.22, 46.23, 51.42,
20or 51.437 that is providing services in the county on its own or through a joint
21mechanism with another county department or county to have the responsibility for
1planning for the provision of protective services and protective placement and for
2directly providing protective services, protective placement, or both, or entering into
3a contract under s. 46.036 with a responsible agency for the provision of protective
4services, protective placement, or both.
AB785,60,65
(b) In addition to the responsibilities specified in par. (a), the county
6department shall:
AB785,60,77
1. Monitor and evaluate protective services and protective placements.
AB785,60,98
2. Prepare and submit reports required by the department, or by a court if
9protective services or protective placement are ordered by a court.
AB785,60,1110
3. Develop requirements for submittal by guardians of the person of reports to
11the county department under s. 880.38 (3).
AB785,60,1412
4. Designate at least one appropriate medical facility or protective placement
13facility as an intake facility for the purpose of emergency protective placements
14under s. 55.135.
Note: Revises the duties of the DHFS and the county departments to more
accurately reflect the actual role of each in the protective services and protective
placement system. Also, creates a new requirement that each county department must
designate an appropriate intake facility for emergency protective placements.
AB785, s. 81
15Section
81. 55.03 of the statutes is renumbered 55.03 (1) and amended to read:
AB785,60,1816
55.03
(1) Agency as guardian. No agency acting as a guardian appointed under
17ch. 880
shall may be a provider of protective services or
protective placement for its
18ward under this chapter.
AB785,60,21
19(2) Transfer of guardianship and legal custody. Nothing in this chapter
shall 20may be construed to prohibit the transfer of guardianship and legal custody under
21s. 48.427 or s. 48.43.
AB785, s. 82
22Section
82. 55.04 (title) and (1) to (3) of the statutes are repealed.
AB785, s. 83
1Section
83. 55.04 (4) of the statutes is renumbered 55.03 (3) and amended to
2read:
AB785,61,73
55.03
(3) Guardian authority and responsibility applicable to parent of
4minor. Where any responsibility or authority is created under this chapter upon or
5in relation to a guardian,
such the responsibility or authority is deemed to apply to
6a parent or person in the place of a parent in the case of a minor who is or who is
7alleged to be developmentally disabled.
Note: The program responsibilities formerly specified in s. 55.04 have been
incorporated into newly created definitions of protective services and protective
placement in s. 55.01 (6) and (6r), respectively, and into the repealed and recreated
version of s. 55.02.
The bill incorporates the provisions of current ss. 55.02 and 55.04 into ss. 55.02 and
55.03.
AB785, s. 84
8Section
84. 55.043 (1) (a) (intro.) of the statutes is amended to read:
AB785,61,169
55.043
(1) (a) (intro.) If a county protective services agency has probable cause
10to believe that there is misappropriation of property or neglect or abuse of a
11vulnerable adult, the county protective services agency may conduct an
12investigation
in Milwaukee County to determine if the vulnerable adult in question
13is in need of protective services. The county protective services agency shall conduct
14the investigation in accordance with standards established by the department for
15conducting the investigations. The investigation shall include at least one of the
16following:
Note: Deletes a reference to Milwaukee County in the statute that confers
authority on a county protective services agency to conduct an investigation into alleged
abuse of a vulnerable adult. The effect of this amendment is to permit all counties in the
state to exercise this authority.
AB785, s. 85
17Section
85
. 55.043 (1) (a) 1. and 3. of the statutes are amended to read:
AB785,61,2018
55.043
(1) (a) 1. Observation of or an interview with the vulnerable adult, in
19private to the extent practicable, and with or without consent of his or her guardian
20or agent under an activated power of attorney for health care, if any.
AB785,62,2
13. An interview with the guardian
or agent under an activated power of
2attorney for health care, if any, and with the caretaker, if any, of the vulnerable adult.
AB785, s. 86
3Section
86. 55.043 (1) (b) 1. of the statutes is amended to read:
AB785,62,54
55.043
(1) (b) 1. The vulnerable adult or his or her guardian
or agent under an
5activated power of attorney for health care, if any, consents to the examination.
AB785, s. 87
6Section
87
. 55.043 (1) (b) 2. a. and b. of the statutes are amended to read:
AB785,62,87
55.043
(1) (b) 2. a. The vulnerable adult has no guardian
or agent under an
8activated power of attorney for health care.
AB785,62,119
b. The vulnerable adult's guardian
or agent under an activated power of
10attorney for health care refuses to consent to the examination, but the examination
11is authorized by order of a court.
Note: Sections 85 to 87 insert a reference to an agent under an activated power
of attorney for health care, in the event that a vulnerable adult under ch. 55 has such an
agent who may act on his or her behalf in protective services or protective placement
proceedings.
AB785, s. 88
12Section
88. 55.043 (4) (a) of the statutes is amended to read:
AB785,62,1413
55.043
(4) (a) Offer services, including protective services
under s. 55.05, a, 14protective placement
under s. 55.06, relocation assistance
, or other services.
AB785, s. 89
15Section
89. 55.043 (4) (b) of the statutes is amended to read:
AB785,62,2016
55.043
(4) (b) Take appropriate emergency action, including
provision of 17emergency protective services under s. 55.13 or emergency protective placement
18under s.
55.06 55.135, if the county protective services agency considers that the
19emergency action is in the vulnerable adult's best interests and the emergency action
20is the least restrictive appropriate intervention.
Note: Changes cross-references to emergency protective services and emergency
protective placement, the provisions of which are renumbered in this bill.
AB785, s. 90
21Section
90. 55.045 of the statutes is amended to read:
AB785,63,12
155.045 Funding. Except as provided in s. 49.45 (30m) (a), the appropriate
2county department
designated under s. 55.02 shall within the limits of available
3state and federal funds and of county funds required to be appropriated to match
4state funds, provide for the reasonable program needs of
persons individuals who are
5protectively placed provided protective placement or who receive protective services
6under this chapter, including reasonable expenses for the evaluations required by s.
755.06 (8) 55.11. Payment and collections for protective placement or protective
8services provided in public facilities specified in s. 46.10 shall be governed in
9accordance with s. 46.10. The department may require that
a person an individual 10who is
protectively placed provided protective placement or receives protective
11services under this chapter provide reimbursement for services or care and custody
12received, based on the ability of the
person individual to pay for such costs.
AB785, s. 91
13Section
91. 55.05 (title) of the statutes is amended to read:
AB785,63,14
1455.05 (title)
Protective
Voluntary protective services.
AB785, s. 92
15Section
92. 55.05 (2) (intro.) of the statutes is amended to read:
AB785,63,1916
55.05
(2) (intro.) The department or
an a county department or agency
17providing with which the county department contracts under s. 55.02 (2) that
18provides protective services
under s. 55.04 may provide
such the services under any
19of the following conditions:
AB785, s. 93
20Section
93. 55.05 (2) (a) of the statutes is amended to read:
AB785,63,2221
55.05
(2) (a)
The person An individual who needs or believes he or she needs
22protective
service may seek such service services requests the services.
AB785, s. 94
23Section
94. 55.05 (2) (b) of the statutes is amended to read:
AB785,64,324
55.05
(2) (b)
Any An interested person
may request requests protective services
25on behalf of
a person an individual in need of services. A guardian may request and
1consent to protective services on behalf of the guardian's ward.
An agent under an
2activated power of attorney for health care may request and consent to protective
3services on behalf of the agent's principal.
AB785, s. 95
4Section
95. 55.05 (2) (c) of the statutes is repealed.
AB785, s. 96
5Section
96. 55.05 (2) (d) of the statutes is repealed.
AB785, s. 97
6Section
97. 55.05 (3) of the statutes is amended to read:
AB785,64,117
55.05
(3) Voluntary protective services preferred. An individual shall
8receive protective services voluntarily unless ordered by the court
under s. 55.12,
9requested by
a the individual's guardian
or agent under an activated power of
10attorney for health care, or provided
on an emergency basis in accordance with
sub.
11(4) s. 55.13.
Note: Amends current law relating to voluntary protective services, to provide a
separate statutory section for voluntary protective services and to insert references to an
agent under an activated power of attorney for health care, who may, in some situations,
be authorized to request and consent to protective services for a principal.
AB785, s. 98
12Section
98. 55.05 (4) (title) and (a) of the statutes are renumbered 55.13 (title)
13and (1) and amended to read:
AB785,64,18
1455.13 (title)
Emergency protective services. (1) Emergency
protective 15services may be provided for not more than 72 hours
where when there is reason to
16believe that
, if the
emergency protective services are not provided, the
person 17individual entitled to the services or others will incur a substantial risk of serious
18physical harm.
AB785, s. 99
19Section
99. 55.05 (4) (b) of the statutes is renumbered 55.13 (4) and amended
20to read:
AB785,65,621
55.13
(4) Where If it is necessary to
forcibly enter a premises
forcibly to provide
22or investigate the need for emergency protective services, the
representative of an
23agency or staff member of a county
protective services agency department shall
1obtain a court order authorizing entry and shall make the entry accompanied by a
2sheriff, police officer
, or member of a fire department. When it appears probable that
3substantial physical harm, irreparable injury
, or death may occur to an individual,
4the police officer, fire fighter
, or sheriff may enter a premises without a court order
5if the time required to obtain such an order would result in greater risk of physical
6harm to the individual.
AB785, s. 100
7Section
100. 55.05 (4) (c) of the statutes is renumbered 55.13 (5) and amended
8to read:
AB785,65,129
55.13
(5) Where If a forcible entry is made under
par. (b) sub. (4), a report of
10the exact circumstances
, including the date, time, place, factual basis for the need
11of
such the entry
, and the exact services rendered
, shall be made and forwarded to
12the court within 14 days
of after entry by the person making
such the entry.
AB785, s. 101
13Section
101. 55.05 (5) (title) of the statutes is renumbered 55.055 (title) and
14amended to read:
AB785,65,15
1555.055 (title)
Admissions initially made without court involvement.
AB785, s. 102
16Section
102. 55.05 (5) (a) of the statutes is repealed.