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.
Note: This statute is repealed because it is unnecessary; moreover, it is
misleading, because an individual who is legally and actually capable of consenting may
consent to enter any regulated residential, medical, or treatment facility, not just those
specified.
AB785, s. 103
17Section
103. 55.05 (5) (b) 1. of the statutes is renumbered 55.055 (1) (a) and
18amended to read:
AB785,66,319
55.055
(1) (a)
Guardians of persons
The guardian of an individual who
have 20has been found incompetent under s. 880.33 may consent to
the individual's 21admission to a foster home, group home
, or community-based residential facility, as
22defined under s. 50.01 (1g), without a protective placement
order under s.
55.06 55.12 23if the home or facility is licensed for fewer than 16 beds. Prior to providing that
1consent, and annually thereafter, the guardian shall review the ward's right to the
2least restrictive residential environment and
may consent only to admission to a
3home or facility that implements
those rights that right.
Note: Changes a cross-reference to the procedure for protective placement, the
provisions of which are renumbered in this bill.
AB785, s. 104
4Section
104. 55.05 (5) (b) 2. of the statutes is renumbered 55.055 (1) (b) and
5amended to read:
AB785,66,236
55.055
(1) (b)
Guardians The guardian of
persons an individual who
have has 7been found incompetent under s. 880.33 may consent to
the individual's admission
8to a nursing home
if the person is admitted directly from a hospital inpatient unit
9for recuperative care or other facility not specified in par. (a) for which protective
10placement is otherwise required for a period not to exceed
3 months, unless the
11hospital admission was for psychiatric care 60 days. In order to be admitted under
12this paragraph, the individual must be in need of recuperative care or be unable to
13provide for his or her own care or safety so as to create a serious risk of substantial
14harm to himself or herself or others. Prior to providing that consent, the guardian
15shall review the ward's right to the least restrictive residential environment and
16consent only to admission to a nursing home
or other facility that implements
those
17rights that right. Following the
3-month 60-day period,
the admission may be
18extended for an additional 60 days if a
petition for protective placement
proceeding 19under s.
55.06 is required 55.075 has been brought, or, if no petition for protective
20placement under s. 55.075 has been brought, for an additional 30 days for the
21purpose of allowing the initiation of discharge planning for the individual.
22Admission under this paragraph is not permitted for an individual with a primary
23diagnosis of mental illness or developmental disability.
Note: Renumbers and amends a provision in current law that permits a person to
be admitted to a nursing home prior to a protective placement proceeding on a short term
basis. This provision permits individuals to be admitted to a facility not only directly from
a hospital inpatient unit, as under current law, but also in cases where the individual is
in need of recuperative care or unable to provide for his or her own care or safety so as
to create a serious risk of substantial harm to himself or herself or others. In addition,
this provision is revised to permit a 60 day admission, rather than a 3 month admission;
however, the provision permits the placement to be extended for an additional 60 days
if a protective placement petition has been brought, or, if no petition has been brought,
for an additional 30 days to allow the initiation of discharge planning.
AB785, s. 105
1Section
105. 55.05 (5) (c) (intro.) of the statutes is renumbered 55.055 (3)
2(intro.) and amended to read:
AB785,67,93
55.055
(3) (intro.) If
a person an individual admitted under
par. (b) sub. (1) 4verbally objects to or otherwise actively protests such an admission, the person in
5charge of the home
, nursing home, or
other facility shall immediately notify the
6agency designated under s. 55.02 county department for the county in which the
7person individual is living. Representatives of that
agency county department shall
8visit the
person individual as soon as possible, but no later than 72 hours after
9notification, and do the following:
AB785, s. 106
10Section
106. 55.05 (5) (c) 1. of the statutes is renumbered 55.055 (3) (a) and
11amended to read:
AB785,67,1412
55.055
(3) (a) Determine whether the protest persists or has been voluntarily
13withdrawn and consult with the
person's individual's guardian regarding the
14reasons for the admission.
AB785, s. 107
15Section
107. 55.05 (5) (c) 2. of the statutes is renumbered 55.055 (3) (b) and
16amended to read:
AB785,68,217
55.055
(3) (b) Attempt to have the
person individual released within 72 hours
18if the protest is not withdrawn and
necessary elements of s. 55.06 (2) or (11) are not
19present the individual does not satisfy all standards under s. 55.08 (1) or criteria
1under 55.135 (1) and provide assistance in identifying appropriate alternative living
2arrangements.
Note: Changes a cross-reference to the standards for protective placement and
emergency protective placement, the provisions of which are renumbered in this bill.
AB785, s. 108
3Section
108. 55.05 (5) (c) 3. of the statutes is renumbered 55.055 (3) (c) and
4amended to read:
AB785,68,115
55.055
(3) (c) Comply with s.
55.06 (11) 55.135, if
all elements are present
the
6individual satisfies all criteria under s. 55.135 (1) and emergency placement in that
7home, nursing home, or other facility or another home, nursing home, or other
8facility is necessary
, or file a petition for protective placement under s.
55.06 (2) 955.075. The court, with the permission of the
home, nursing home, or facility, may
10order the
person individual to remain in the
home, nursing home, or other facility
11pending the outcome of the protective placement proceedings.
Note: Changes a cross-reference to emergency protective placement, the
provisions of which are renumbered in this bill.
AB785, s. 109
12Section
109. 55.05 (5) (d) of the statutes is renumbered 55.055 (4) and
13amended to read:
AB785,68,1814
55.055
(4) The admission to a
health care facility
, as defined in s. 155.01 (6), 15of a principal by a health care agent under the terms of a power of attorney for health
16care instrument and in accordance with ch. 155 or the admission of an individual to
17a nursing home or community-based residential facility under the requirements of
18s. 50.06 is not a protective placement under this chapter.
AB785, s. 110
19Section
110. 55.055 (1) (c) of the statutes is created to read:
AB785,69,220
55.055
(1) (c) The guardian of a ward who has been found incompetent in a state
21other than this state may consent to admission of the ward under par. (a) or (b) if the
22ward is currently a resident of this state. A petition for guardianship and protective
1placement shall be filed in this state within 60 days after the ward's admission under
2this paragraph.
Note: Provides that the procedure for admissions to facilities that are initially
made without court involvement may be initiated by an out-of-state guardian if the ward
is currently a resident of this state provided the petition for guardianship and protective
placement is filed within 60 days after the ward's admission to the facility.
AB785, s. 111
3Section
111. 55.055 (1) (d) of the statutes is created to read:
AB785,69,94
55.055
(1) (d) A resident of this state who is the guardian of a ward who has
5been found incompetent in, and resides in, a state other than this state may consent
6to an admission of the ward under par. (a) or (b) if the guardian intends to move the
7ward to this state within 30 days after the consent to the admission. A petition for
8guardianship and protective placement shall be filed in this state within 60 days
9after a ward's admission under this paragraph.
Note: Provides that an in-state guardian of an out-of-state ward may consent to
an admission to a facility that is initially made without court involvement if the guardian
intends to move the ward to this state within 30 days after the consent to the admission,
provided the petition for guardianship and protective placement is filed within 60 days
after the ward's admission to the facility.
AB785, s. 112
10Section
112. 55.055 (2) of the statutes is created to read:
AB785,69,1111
55.055
(2) (a) In this subsection, "facility" means any of the following:
AB785,69,1212
1. A group home.
AB785,69,1313
2. A foster home.
AB785,69,1414
3. A community-based residential facility, as defined in s. 50.01 (1g).
AB785,69,1515
4. An adult family home, as defined in s. 50.01 (1).
AB785,69,1616
5. A nursing home, as defined in s. 50.01 (3).
AB785,70,417
(b) Whenever a petition for guardianship on the ground of incompetency is filed
18with respect to an individual who resides in a facility licensed for 16 or more beds,
19a petition for protective placement of the individual shall also be filed. The
20individual may continue to reside in the facility until the court issues a decision on
1the petition for guardianship and protective placement of the individual. Thereafter,
2the individual may continue to reside in the facility only if the court's order under s.
355.12 specifies protective placement of the individual in a facility licensed for 16 or
4more beds.
Note: Specifies that a guardian may not consent to the continued residence of a
person in a facility licensed for 16 or more beds. Specifies that whenever a petition for
guardianship on the ground of incompetency is filed with respect to a person who resides
in a facility licensed for 16 or more beds, a petition for protective placement of the person
shall also be filed. Specifies that the person may continue to reside in the facility if the
court orders placement of the person in a facility licensed for 16 or more beds and may
continue to reside in the facility pending the court's decision on the placement petition.
AB785, s. 113
5Section
113. 55.06 (1) (intro.) of the statutes is renumbered 55.06 and
6amended to read:
AB785,71,2
755.06 Protective services and protective placement; eligibility. A
8protective placement under this section is a placement of a ward for the primary
9purpose of providing care and custody. To be eligible for
court-ordered protective 10placement
or protective services, an individual shall
be a resident of or present in the
11state and have a need for protective placement or protective services. The individual
12shall have attained the age of 18, but an individual who is alleged to be
13developmentally disabled may receive
protective placement
or protective services 14upon attaining the age of 14.
No protective Protective placement
under this section 15or protective services may be ordered
unless under this chapter there is a
16determination of incompetency only for an individual who is determined to be
17incompetent in accordance with ch. 880
, except in the case of or for a minor who is
18alleged to be developmentally disabled, and
only if there is a finding of a need for
19protective placement
in accordance with sub. (2) except as provided in subs. (11) and
20(12) under s. 55.12, and ss. 55.055 (5), 55.13, and 55.135 are inappropriate or do not
21apply. A procedure for
adult court-ordered protective placement
or protective
1services may be initiated 6 months
prior to an individual's birthday at which he or
2she first becomes eligible for placement before a minor attains age 18.
Note: Amends the current provision on eligibility for protective placement to
include eligibility for court-ordered protective services.
AB785, s. 114
3Section
114. 55.06 (1) (a) of the statutes is renumbered 55.075 (1) and
4amended to read:
AB785,71,115
55.075
(1) The
board designated under s. 55.02 department, the county
6department or an agency
designated by it with which the county department
7contracts under s. 55.02 (2), a guardian, or an interested person may
file a petition
8for appointment of a guardian and for protective services or
protective placement
for
9an individual. The department shall provide for a schedule of reimbursement for the
10cost of
such the proceedings based upon the ability to pay of the proposed ward or
11person individual to be protected.
Note: Renumbers provisions in current law relating to petitioning for protective
services or placement and revises who may file a petition.
AB785, s. 115
12Section
115. 55.06 (1) (b) of the statutes is renumbered 55.075 (4) (b) and
13amended to read:
AB785,71,1914
55.075
(4) (b) If a person seeking to be the guardian of a proposed ward requests
15the assistance of a
board designated under s. 55.02
county department or an agency
16designated by it with which it contracts under s. 55.02 (2) in petitioning for
17guardianship or for protective
service or placement, such services or protective
18placement, the assistance may be considered a service and may be charged for based
19upon the ability of
such the person to pay for the service.
Note: Creates an exception to the requirement in s. 55.075 (4) (a), created in this
bill, that the court must, unless it is inequitable, award payment of the petitioner's costs
from the assets of the person sought to be provided protective placement or services.
AB785, s. 116
20Section
116. 55.06 (1) (c) of the statutes is renumbered 55.02 (3) and amended
21to read:
AB785,72,3
155.02
(3) Corporation counsel. If requested by the court, the The corporation
2counsel
of the county in which the petition is brought may or, if requested by the
3court, shall assist in conducting proceedings under this chapter.
Note: Amends current law to provide that the corporation counsel for the county
in which the petition for protective placement or services is brought may assist in
conducting proceedings under this chapter. The corporation counsel must assist if
requested by the court, as under current law.
AB785, s. 117
4Section
117. 55.06 (1) (d) of the statutes is renumbered 55.03 (4) and amended
5to read:
AB785,72,106
55.03
(4) Guardian authority for making protective placement. No guardian
7or temporary guardian may make a permanent protective placement of his or her
8ward unless ordered by a court under
this section
s. 55.12, but
a guardian or
9temporary guardian may admit a ward to certain residential facilities under s.
55.05
10(5) 55.055 or make an emergency protective placement under s.
55.06 (11) 55.135.
Note: Renumbers and amends a provision in current law relating to a guardian's
authority to make a protective placement of a ward, admit the ward to certain residential
facilities, or make an emergency protective placement.
AB785, s. 118
11Section
118. 55.06 (2) (intro.) of the statutes is repealed.
Note: Repeals a provision in current law; this provision is recreated in a new
section of the bill.
AB785, s. 119
12Section
119. 55.06 (2) (a) of the statutes is renumbered 55.08 (1) (a) and
13amended to read: