SB391, s. 18
22Section
18. 32.06 (7) of the statutes is amended to read:
SB391,27,223
32.06
(7) Petition for condemnation proceedings. If the jurisdictional offer
24is not accepted within the periods limited in sub. (6) or the owner fails to consummate
25an acceptance as provided in sub. (6), the condemnor may present a verified petition
1to the circuit court for the county in which the property to be taken is located, for
2proceedings to determine the necessity of taking, where such determination is
3required, and the amount of just compensation. The petition shall state that the
4jurisdictional offer required by sub. (3) has been made and rejected; that it is the
5intention of the condemnor in good faith to use the property or right therein for the
6specified purpose. It shall name the parties having an interest of record in the
7property as near as may be and shall name the parties who are minors
or persons of
8unsound mind, who are adjudicated incompetent, or
whose location is unknown. The
9petition may not disclose the amount of the jurisdictional offer, and if it does so it is
10a nullity. The petition shall be filed with the clerk of the court. Notice of the petition
11shall be given as provided in s. 32.05 (4) to all persons having an interest of record
12in the property, including the special guardian appointed for minors or
individuals
13adjudicated incompetent
persons. A lis pendens shall be filed on the date of filing
14the petition. The date of filing the lis pendens is the "date of evaluation" of the
15property for the purpose of fixing just compensation, except that if the property is to
16be used in connection with the construction of a facility, as defined under s. 196.491
17(1), the "date of evaluation" is the date that is 2 years prior to the date on which the
18certificate of public convenience and necessity is issued for the facility. The hearing
19on the petition may not be earlier than 20 days after the date of its filing unless the
20petitioner acquired possession of the land under s. 32.12 (1) in which event this
21hearing is not necessary. If the petitioner is entitled to condemn the property or any
22portion of it, the judge immediately shall assign the matter to the chairperson of the
23county condemnation commissioners for hearing under s. 32.08. An order by the
24judge determining that the petitioner does not have the right to condemn or refusing
1to assign the matter to the chairperson of the county condemnation commissioners
2may be appealed directly to the court of appeals.
SB391, s. 19
3Section
19. 32.075 (3) (b) of the statutes is amended to read:
SB391,27,134
32.075
(3) (b) If the person is a minor or
an individual adjudicated incompetent,
5the notice under par. (a) shall be to the special guardian appointed for
the person him
6or her. The notice under par. (a) shall state that the person, or, if the person is
7deceased, the person's heirs, may petition the circuit court of the county in which the
8property is located, within 90 days after receipt of the notice, for an order to require
9the public utility to return the interest in the property to the petitioner. The circuit
10court shall grant the petition and shall make a formal order returning the
11petitioner's interest in the property. The order shall operate to divest any title of the
12public utility to the property subject to the petition and to automatically discharge
13any lis pendens filed in relation to the condemnation of the property.
SB391, s. 20
14Section
20. 32.22 (6) (b) of the statutes is amended to read:
SB391,27,1615
32.22
(6) (b) If any owner is a minor or
an individual adjudicated incompetent
16person, a special guardian shall be appointed under s. 32.05 (4).
SB391, s. 21
17Section
21. 32.64 of the statutes is repealed.
SB391, s. 22
18Section
22. 36.27 (2) (a) 5. of the statutes is amended to read:
SB391,27,2219
36.27
(2) (a) 5. Any minor student under guardianship in this state
pursuant 20to ch. 48 or 880 whose legal guardian has been a bona fide resident of this state for
21at least 12 months next preceding the beginning of any semester or session for which
22such student registers at an institution.
SB391, s. 23
23Section
23. 40.08 (9) of the statutes is amended to read:
SB391,28,524
40.08
(9) Payments of benefits to minors and incompetents individuals found
25incompetent. In any case in which a benefit amount becomes payable to a minor or
1to
a person adjudged mentally an individual adjudicated incompetent, the
2department may waive guardianship proceedings, and pay the benefit to the person
3providing for or caring for the minor, or to the spouse
or the, parent
, or other relative
4by blood or adoption providing for or caring for the
individual adjudicated 5incompetent
person.
SB391, s. 24
6Section
24. 45.36 (1) (b) of the statutes is amended to read:
SB391,28,127
45.36
(1) (b) "Duly authorized representative" means any person authorized
8in writing by the veteran to act for the veteran, or a legally constituted representative
9if the veteran is
adjudicated incompetent or deceased. Where for proper reason no
10representative has been or will be appointed, the veteran's spouse, an adult child, or,
11if the veteran is unmarried, either parent shall be recognized as the duly authorized
12representative.
SB391, s. 25
13Section
25. 46.011 (intro.) of the statutes is amended to read:
SB391,28,14
1446.011 Definitions. (intro.) In chs. 46, 48, 50, 51,
54, 55 and 58:
SB391, s. 26
15Section
26. 46.27 (1) (e) of the statutes is amended to read:
SB391,28,1816
46.27
(1) (e) "Voluntary" means according to
a person's an individual's free
17choice, if competent, or by choice of
a his or her guardian, if
the individual is
18adjudicated incompetent.
SB391, s. 27
19Section
27. 46.977 (1) (a) of the statutes is amended to read:
SB391,28,2120
46.977
(1) (a) "Guardian" has the meaning
provided given in s.
880.01 (3)
54.01
21(10).
SB391, s. 28
22Section
28. 46.977 (2) (a) of the statutes is amended to read:
SB391,29,523
46.977
(2) (a) Annually, prior to April 30, an organization may apply to the
24department for a grant under this section for the purpose of recruiting, training,
25monitoring and assisting guardians for
persons determined to be individuals found
1incompetent under ch.
880 54. By June 30, the department shall determine which
2organizations will receive a grant during the following fiscal year based on the
3criteria under par. (c). No grant may be awarded unless the applicant provides
4matching funds equal to 10% of the amount of the award. The department shall
5make grants under this section from the appropriation under s. 20.435 (7) (cg).
SB391, s. 29
6Section
29. 46.977 (2) (b) 1. of the statutes is amended to read:
SB391,29,87
46.977
(2) (b) 1. Recruit individuals or organizations to act as guardians for
8persons determined to be individuals found incompetent under ch.
880 54.
SB391, s. 30
9Section
30. 46.977 (2) (c) 2. of the statutes is amended to read:
SB391,29,1210
46.977
(2) (c) 2. The extent to which the proposed program will effectively
11recruit, train, monitor and assist guardians for
persons determined to be individuals
12found incompetent under ch.
880 54.
SB391, s. 31
13Section
31. 48.14 (2) (b) of the statutes is amended to read:
SB391,29,1714
48.14
(2) (b) The appointment and removal of a guardian of the person for a
15child under ss. 48.427, 48.428, 48.43, 48.831, 48.832, 48.839 (4) (a), 48.977
, and
1648.978 and ch.
880 54 and for a child found to be in need of protection or services
17under s. 48.13 because the child is without parent or guardian.
SB391, s. 32
18Section
32. 48.14 (11) of the statutes is amended to read:
SB391,29,1919
48.14
(11) Granting visitation privileges under s.
880.155 54.56.
SB391, s. 33
20Section
33. 48.345 (intro.) of the statutes is amended to read:
SB391,30,10
2148.345 Disposition of child or unborn child of child expectant mother
22adjudged in need of protection or services. (intro.) If the judge finds that the
23child is in need of protection or services or that the unborn child of a child expectant
24mother is in need of protection or services, the judge shall enter an order deciding one
25or more of the dispositions of the case as provided in this section under a care and
1treatment plan, except that the order may not place any child not specifically found
2under chs. 46, 49, 51,
54, or 115
and 880 to be developmentally disabled, mentally
3ill
, or to have a disability specified in s. 115.76 (5) in facilities
which that exclusively
4treat those categories of children
, and the court may not place any child expectant
5mother of an unborn child in need of protection or services outside of the child
6expectant mother's home unless the court finds that the child expectant mother is
7refusing or has refused to accept any alcohol or other drug abuse services offered to
8her or is not making or has not made a good faith effort to participate in any alcohol
9or other drug abuse services offered to her. The dispositions under this section are
10as follows:
SB391, s. 34
11Section
34. 48.347 (intro.) of the statutes is amended to read:
SB391,31,3
1248.347 Disposition of unborn child of adult expectant mother
13adjudged in need of protection or services. (intro.) If the judge finds that the
14unborn child of an adult expectant mother is in need of protection or services, the
15judge shall enter an order deciding one or more of the dispositions of the case as
16provided in this section under a care and treatment plan, except that the order may
17not place any adult expectant mother of an unborn child not specifically found under
18ch. 51,
54, or 55
or 880 to be developmentally disabled or mentally ill in a facility
19which that exclusively treats those categories of individuals
, and the court may not
20place any adult expectant mother of an unborn child in need of protection or services
21outside of the adult expectant mother's home unless the court finds that the adult
22expectant mother is refusing or has refused to accept any alcohol or other drug abuse
23services offered to her or is not making or has not made a good faith effort to
24participate in any alcohol or other drug abuse services offered to her. If the judge
25finds that the unborn child of a child expectant mother is in need of protection or
1services, the judge shall enter an order deciding one or more of the dispositions of the
2case as provided in s. 48.345 under a care and treatment plan. The dispositions
3under this section are as follows:
SB391, s. 35
4Section
35. 48.62 (2) of the statutes is amended to read:
SB391,31,195
48.62
(2) A relative
, as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a)
, 6or a guardian of a child, who provides care and maintenance for a child, is not
7required to obtain the license specified in this section. The department, county
8department
, or licensed child welfare agency as provided in s. 48.75 may issue a
9license to operate a foster home or a treatment foster home to a relative who has no
10duty of support under s. 49.90 (1) (a) and who requests a license to operate a foster
11home or treatment foster home for a specific child who is either placed by court order
12or who is the subject of a voluntary placement agreement under s. 48.63. The
13department, a county department
, or a licensed child welfare agency may, at the
14request of a guardian appointed under s. 48.977 or 48.978
, ch. 54, or ch. 880
, 2003
15stats., license the guardian's home as a foster home or treatment foster home for the
16guardian's minor ward who is living in the home and who is placed in the home by
17court order. Relatives with no duty of support and guardians appointed under s.
1848.977 or 48.978
, ch. 54, or ch. 880
, 2003 stats., who are licensed to operate foster
19homes or treatment foster homes are subject to the department's licensing rules.
SB391, s. 36
20Section
36. 48.831 (1) of the statutes is amended to read:
SB391,32,221
48.831
(1) Type of guardianship. This section may be used for the appointment
22of a guardian of a child who does not have a living parent if a finding as to the
23adoptability of a child is sought. Except as provided in ss. 48.977 and 48.978, ch.
880 2454 applies to the appointment of a guardian for a child who does not have a living
25parent for all other purposes. An appointment of a guardian of the estate of a child
1who does not have a living parent shall be conducted in accordance with the
2procedures specified in ch.
880 54.
SB391, s. 37
3Section
37. 48.831 (1m) (e) of the statutes is amended to read:
SB391,32,64
48.831
(1m) (e) A guardian appointed under ch.
54 or ch. 880
, 2003 stats., 5whose resignation as guardian has been accepted by a court under s.
54.54 (1) or s. 6880.17 (1)
, 2003 stats.
SB391, s. 38
7Section
38. 48.977 (8) of the statutes is amended to read:
SB391,32,108
48.977
(8) (title)
Relationship to ch.
54 and ch. 880, 2003 stats. (a) This section
9does not abridge the duties or authority of a guardian appointed under ch.
54 or ch. 10880
, 2003 stats.
SB391,32,1211
(b) Nothing in this section prohibits an individual from petitioning a court
12under ch.
880 54 for appointment of a guardian.
SB391, s. 39
13Section
39. 48.978 (7) of the statutes is amended to read:
SB391,32,1714
48.978
(7) Relationship to ch. 880 54. (a) Except when a different right, remedy
15or procedure is provided under this section, the rights, remedies
, and procedures
16provided in ch.
880 54 shall govern a standby guardianship created under this
17section.
SB391,32,1918
(b) This section does not abridge the duties or authority of a guardian appointed
19under ch.
54 or ch. 880
, 2003 stats.
SB391,32,2120
(c) Nothing in this section prohibits an individual from petitioning a court for
21the appointment of a guardian under ch.
880 54.
SB391, s. 40
22Section
40. 49.001 (8) of the statutes is amended to read:
SB391,32,2523
49.001
(8) "Voluntary" means according to
a person's an individual's free
24choice, if competent, or by choice of
a his or her guardian if
the individual is
25adjudicated incompetent.
SB391, s. 41
1Section
41. 49.498 (3) (a) 1. of the statutes is amended to read:
SB391,33,72
49.498
(3) (a) 1. The right to choose a personal attending physician, to be fully
3informed in advance about care and treatment, to be fully informed in advance of any
4changes in care or treatment that may affect the resident's well-being, and, except
5with respect to a resident
found who is adjudicated incompetent
under s. 880.33 in
6this state, to participate in planning care and treatment or changes in care and
7treatment.
SB391, s. 42
8Section
42. 49.498 (3) (c) of the statutes is amended to read:
SB391,33,129
49.498
(3) (c) For a resident who is
found adjudicated incompetent
under s.
10880.33 in this state, the rights of a resident under this subsection devolve upon and,
11to the extent determined necessary by a court of competent jurisdiction, are exercised
12by the resident's guardian
appointed under s. 880.33.
SB391, s. 43
13Section
43. 50.02 (2) (ad) of the statutes is created to read:
SB391,33,1614
50.02
(2) (ad) The department shall promulgate rules that require each facility
15licensed under this subchapter to provide information necessary for the department
16to assess the facility's compliance with s. 55.14.
SB391, s. 44
17Section
44. 50.03 (14) (c) 8. e. of the statutes is amended to read:
SB391,33,1918
50.03
(14) (c) 8. e. A list of the residents whom the facility believes to
be
19incompetent meet the requirements of s. 54.10 (3).
SB391, s. 45
20Section
45. 50.06 (2) (intro.) of the statutes is amended to read:
SB391,33,2421
50.06
(2) (intro.) An individual under sub. (3) may consent to admission,
22directly from a hospital to a facility, of an incapacitated individual who does not have
23a valid power of attorney for health care and who has not been adjudicated
24incompetent
under ch. 880 in this state, if all of the following apply:
SB391, s. 46
25Section
46. 50.06 (2) (c) of the statutes is amended to read:
SB391,34,3
150.06
(2) (c) A petition for guardianship for the individual under s.
880.07 54.34 2and a petition for protective placement of the individual under s. 55.06 (2) are filed
3prior to the proposed admission.
SB391, s. 47
4Section
47. 50.09 (3) of the statutes is amended to read:
SB391,34,85
50.09
(3) If the resident is
adjudged to be adjudicated incompetent
under ch.
651 or 880 in this state and not restored to legal capacity, the rights and
7responsibilities established under this section which the resident is not competent
8to exercise shall devolve upon the resident's guardian.
SB391, s. 48
9Section
48. 50.94 (2) (intro.) of the statutes is amended to read:
SB391,34,1410
50.94
(2) (intro.) A person who is determined to be incapacitated under the
11requirements of sub. (8), does not have a valid living will or valid power of attorney
12for health care
, and has not been adjudicated incompetent
under ch. 880 in this state 13may be admitted to a hospice under this section only if all of the following
14requirements are met:
SB391, s. 49
15Section
49. 50.94 (6) of the statutes is amended to read:
SB391,34,2016
50.94
(6) A person who disagrees with a hospice decision made under this
17section may apply under
ch. 880 s. 54.50 for temporary guardianship of the person
18who is incapacitated. In applying for the temporary guardianship, such a person has
19the burden of proving that the person who is incapacitated would not have consented
20to admission to a hospice or hospice care.
SB391, s. 50
21Section
50. 51.01 (4g) of the statutes is created to read:
SB391,34,2322
51.01
(4g) "County of residence" means the county that is determined under
23s. 51.40 to be the county of residence.
SB391, s. 51
24Section
51. 51.01 (4r) of the statutes is created to read:
SB391,35,4
151.01
(4r) "Degenerative brain disorder" means the loss or dysfunction of brain
2cells to the extent that the individual is substantially impaired in his or her ability
3to provide adequately for his or her own care or custody or to manage adequately his
4or her property or financial affairs.
SB391, s. 52
5Section
52. 51.01 (5) (a) of the statutes is amended to read:
SB391,35,136
51.01
(5) (a) "Developmental disability" means a disability attributable to
7brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, mental
8retardation, or another neurological condition closely related to mental retardation
9or requiring treatment similar to that required for mental retardation, which has
10continued or can be expected to continue indefinitely and constitutes a substantial
11handicap to the afflicted individual. "Developmental disability" does not include
12senility
which that is primarily caused by the process of aging or
the infirmities of
13aging degenerative brain disorder, as defined in s. 55.01 (1v).
SB391, s. 53
14Section
53. 51.01 (14) of the statutes is amended to read:
SB391,35,1615
51.01
(14) "Residence"
, "legal residency" or "county of residence" has the
16meaning given under s. 49.001 (6).
SB391, s. 54
17Section
54. 51.01 (14t) of the statutes is created to read:
SB391,36,218
51.01
(14t) "Serious and persistent mental illness" means a mental illness that
19is severe in degree and persistent in duration, that causes a substantially diminished
20level of functioning in the primary aspects of daily living and an inability to cope with
21the ordinary demands of life, that may lead to an inability to maintain stable
22adjustment and independent functioning without long-term treatment and support,
23and that may be of lifelong duration. "Serious and persistent mental illness" includes
24schizophrenia as well as a wide spectrum of psychotic and other severely disabling
1psychiatric diagnostic categories, but does not include degenerative brain disorder
2or a primary diagnosis of a developmental disability or of alcohol or drug dependence.
SB391, s. 55
3Section
55. 51.03 (3) (a) 6. of the statutes is amended to read:
SB391,36,64
51.03
(3) (a) 6. The number of persons
authorized to consent to involuntary
5administration of psychotropic medication under s. 55.14 (8) or for whom guardians
6are were appointed under s. 880.33 (4m)
, 2003 stats.
SB391, s. 56
7Section
56. 51.05 (2) of the statutes is amended to read:
SB391,36,178
51.05
(2) Admissions authorized by counties. The department may not accept
9for admission to a mental health institute any resident person, except in an
10emergency, unless the county department under s. 51.42 in the county where the
11person has
legal residency residence authorizes the care, as provided in s. 51.42 (3)
12(as). Patients who are committed to the department under s. 975.01, 1977 stats., or
13s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06 or 980.06, admitted by the
14department under s. 975.17, 1977 stats., or are transferred from a secured
15correctional facility, a secured child caring institution or a secured group home to a
16state treatment facility under s. 51.35 (3) or from a jail or prison to a state treatment
17facility under s. 51.37 (5) are not subject to this section.
SB391, s. 57
18Section
57. 51.10 (8) of the statutes is amended to read:
SB391,36,2219
51.10
(8) An adult for whom a guardian of the person has been appointed
under
20ch. 880 in this state because of the subject's incompetency may be voluntarily
21admitted to an inpatient treatment facility under this section only if the guardian
22and the ward consent to such admission.
SB391, s. 58
23Section
58. 51.20 (7) (d) 1. (intro.) of the statutes is renumbered 51.20 (7) (d)
241. and amended to read:
SB391,37,19
151.20
(7) (d) 1. If the court determines after hearing that there is probable cause
2to believe that the subject individual is a fit subject for guardianship and protective
3placement or services, the court may, without further notice, appoint a temporary
4guardian for the subject individual and order temporary protective placement or
5services under ch. 55 for a period not to exceed 30 days, and shall proceed as if
6petition had been made for guardianship and protective placement or services. If the
7court orders only temporary protective services for a subject individual under this
8paragraph, the individual shall be provided care only on an outpatient basis. The
9court may order
involuntary administration of psychotropic medication as a
10temporary protective service
under this paragraph if it finds that there is probable
11cause to believe that the allegations under s. 880.07 (1m) (c) and (cm) apply, that the
12individual is not competent to refuse psychotropic medication and that the
13medication ordered will have therapeutic value and will not unreasonably impair the
14ability of the individual to prepare for and participate in subsequent legal
15proceedings. An individual is not competent to refuse psychotropic medication if,
16because of chronic mental illness, and after the advantages and disadvantages of and
17alternatives to accepting the particular psychotropic medication have been
18explained to the individual, one of the following is true: only under the requirements
19of s. 55.14.
SB391, s. 59
20Section
59. 51.20 (7) (d) 1. a. of the statutes is repealed.
SB391, s. 60
21Section
60. 51.20 (7) (d) 1. b. of the statutes is repealed.
SB391, s. 61
22Section
61. 51.20 (13) (g) 4. of the statutes is created to read:
SB391,38,223
51.20
(13) (g) 4. The county department under s. 51.42 or 51.437 to which the
24individual is committed under par. (a) 3. retains financial responsibility for the
25individual if the individual voluntarily moves to another county until venue for the
1individual is transferred to the county in which the individual is physically present
2or until the individual is no longer a proper subject of continued commitment.
SB391, s. 62
3Section
62. 51.22 (4) of the statutes is amended to read: