SB391: Bill Text

SB391, s. 19 Section 19. 32.075 (3) (b) of the statutes is amended to read:

SB391,27,13 32.075 (3) (b) If the person is a minor or an individual adjudicated incompetent, the notice under par. (a) shall be to the special guardian appointed for the person him or her. The notice under par. (a) shall state that the person, or, if the person is deceased, the person's heirs, may petition the circuit court of the county in which the property is located, within 90 days after receipt of the notice, for an order to require the public utility to return the interest in the property to the petitioner. The circuit court shall grant the petition and shall make a formal order returning the petitioner's interest in the property. The order shall operate to divest any title of the public utility to the property subject to the petition and to automatically discharge any lis pendens filed in relation to the condemnation of the property.

SB391, s. 20 Section 20. 32.22 (6) (b) of the statutes is amended to read:

SB391,27,16 32.22 (6) (b) If any owner is a minor or an individual adjudicated incompetent person, a special guardian shall be appointed under s. 32.05 (4).

SB391, s. 21 Section 21. 32.64 of the statutes is repealed.

SB391, s. 22 Section 22. 36.27 (2) (a) 5. of the statutes is amended to read:

SB391,27,22 36.27 (2) (a) 5. Any minor student under guardianship in this state pursuant to ch. 48 or 880 whose legal guardian has been a bona fide resident of this state for at least 12 months next preceding the beginning of any semester or session for which such student registers at an institution.

SB391, s. 23 Section 23. 40.08 (9) of the statutes is amended to read:

SB391,28,5 40.08 (9) Payments of benefits to minors and incompetents individuals found incompetent. In any case in which a benefit amount becomes payable to a minor or to a person adjudged mentally an individual adjudicated incompetent, the department may waive guardianship proceedings, and pay the benefit to the person providing for or caring for the minor, or to the spouse or the, parent, or other relative by blood or adoption providing for or caring for the individual adjudicated incompetent person.

SB391, s. 24 Section 24. 45.36 (1) (b) of the statutes is amended to read:

SB391,28,12 45.36 (1) (b) "Duly authorized representative" means any person authorized in writing by the veteran to act for the veteran, or a legally constituted representative if the veteran is adjudicated incompetent or deceased. Where for proper reason no representative has been or will be appointed, the veteran's spouse, an adult child, or, if the veteran is unmarried, either parent shall be recognized as the duly authorized representative.

SB391, s. 25 Section 25. 46.011 (intro.) of the statutes is amended to read:

SB391,28,14 46.011 Definitions. (intro.) In chs. 46, 48, 50, 51, 54, 55 and 58:

SB391, s. 26 Section 26. 46.27 (1) (e) of the statutes is amended to read:

SB391,28,18 46.27 (1) (e) "Voluntary" means according to a person's an individual's free choice, if competent, or by choice of a his or her guardian, if the individual is adjudicated incompetent.

SB391, s. 27 Section 27. 46.977 (1) (a) of the statutes is amended to read:

SB391,28,21 46.977 (1) (a) "Guardian" has the meaning provided given in s. 880.01 (3) 54.01 (10).

SB391, s. 28 Section 28. 46.977 (2) (a) of the statutes is amended to read:

SB391,29,5 46.977 (2) (a) Annually, prior to April 30, an organization may apply to the department for a grant under this section for the purpose of recruiting, training, monitoring and assisting guardians for persons determined to be individuals found incompetent under ch. 880 54. By June 30, the department shall determine which organizations will receive a grant during the following fiscal year based on the criteria under par. (c). No grant may be awarded unless the applicant provides matching funds equal to 10% of the amount of the award. The department shall make grants under this section from the appropriation under s. 20.435 (7) (cg).

SB391, s. 29 Section 29. 46.977 (2) (b) 1. of the statutes is amended to read:

SB391,29,8 46.977 (2) (b) 1. Recruit individuals or organizations to act as guardians for persons determined to be individuals found incompetent under ch. 880 54.

SB391, s. 30 Section 30. 46.977 (2) (c) 2. of the statutes is amended to read:

SB391,29,12 46.977 (2) (c) 2. The extent to which the proposed program will effectively recruit, train, monitor and assist guardians for persons determined to be individuals found incompetent under ch. 880 54.

SB391, s. 31 Section 31. 48.14 (2) (b) of the statutes is amended to read:

SB391,29,17 48.14 (2) (b) The appointment and removal of a guardian of the person for a child under ss. 48.427, 48.428, 48.43, 48.831, 48.832, 48.839 (4) (a), 48.977, and 48.978 and ch. 880 54 and for a child found to be in need of protection or services under s. 48.13 because the child is without parent or guardian.

SB391, s. 32 Section 32. 48.14 (11) of the statutes is amended to read:

SB391,29,19 48.14 (11) Granting visitation privileges under s. 880.155 54.56.

SB391, s. 33 Section 33. 48.345 (intro.) of the statutes is amended to read:

SB391,30,10 48.345 Disposition of child or unborn child of child expectant mother adjudged in need of protection or services. (intro.) If the judge finds that the child is in need of protection or services or that the unborn child of a child expectant mother is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan, except that the order may not place any child not specifically found under chs. 46, 49, 51, 54, or 115 and 880 to be developmentally disabled, mentally ill, or to have a disability specified in s. 115.76 (5) in facilities which that exclusively treat those categories of children, and the court may not place any child expectant mother of an unborn child in need of protection or services outside of the child expectant mother's home unless the court finds that the child expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. The dispositions under this section are as follows:

SB391, s. 34 Section 34. 48.347 (intro.) of the statutes is amended to read:

SB391,31,3 48.347 Disposition of unborn child of adult expectant mother adjudged in need of protection or services. (intro.) If the judge finds that the unborn child of an adult expectant mother is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in this section under a care and treatment plan, except that the order may not place any adult expectant mother of an unborn child not specifically found under ch. 51, 54, or 55 or 880 to be developmentally disabled or mentally ill in a facility which that exclusively treats those categories of individuals, and the court may not place any adult expectant mother of an unborn child in need of protection or services outside of the adult expectant mother's home unless the court finds that the adult expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. If the judge finds that the unborn child of a child expectant mother is in need of protection or services, the judge shall enter an order deciding one or more of the dispositions of the case as provided in s. 48.345 under a care and treatment plan. The dispositions under this section are as follows:

SB391, s. 35 Section 35. 48.62 (2) of the statutes is amended to read:

SB391,31,19 48.62 (2) A relative, as defined in s. 48.02 (15) or as specified in s. 49.19 (1) (a), or a guardian of a child, who provides care and maintenance for a child, is not required to obtain the license specified in this section. The department, county department, or licensed child welfare agency as provided in s. 48.75 may issue a license to operate a foster home or a treatment foster home to a relative who has no duty of support under s. 49.90 (1) (a) and who requests a license to operate a foster home or treatment foster home for a specific child who is either placed by court order or who is the subject of a voluntary placement agreement under s. 48.63. The department, a county department, or a licensed child welfare agency may, at the request of a guardian appointed under s. 48.977 or 48.978, ch. 54, or ch. 880, 2003 stats., license the guardian's home as a foster home or treatment foster home for the guardian's minor ward who is living in the home and who is placed in the home by court order. Relatives with no duty of support and guardians appointed under s. 48.977 or 48.978, ch. 54, or ch. 880, 2003 stats., who are licensed to operate foster homes or treatment foster homes are subject to the department's licensing rules.

SB391, s. 36 Section 36. 48.831 (1) of the statutes is amended to read:

SB391,32,2 48.831 (1) Type of guardianship. This section may be used for the appointment of a guardian of a child who does not have a living parent if a finding as to the adoptability of a child is sought. Except as provided in ss. 48.977 and 48.978, ch. 880 54 applies to the appointment of a guardian for a child who does not have a living parent for all other purposes. An appointment of a guardian of the estate of a child who does not have a living parent shall be conducted in accordance with the procedures specified in ch. 880 54.

SB391, s. 37 Section 37. 48.831 (1m) (e) of the statutes is amended to read:

SB391,32,6 48.831 (1m) (e) A guardian appointed under ch. 54 or ch. 880, 2003 stats., whose resignation as guardian has been accepted by a court under s. 54.54 (1) or s. 880.17 (1), 2003 stats.

SB391, s. 38 Section 38. 48.977 (8) of the statutes is amended to read:

SB391,32,10 48.977 (8) (title) Relationship to ch. 54 and ch. 880, 2003 stats. (a) This section does not abridge the duties or authority of a guardian appointed under ch. 54 or ch. 880, 2003 stats.

SB391,32,12 (b) Nothing in this section prohibits an individual from petitioning a court under ch. 880 54 for appointment of a guardian.

SB391, s. 39 Section 39. 48.978 (7) of the statutes is amended to read:

SB391,32,17 48.978 (7) Relationship to ch. 880 54. (a) Except when a different right, remedy or procedure is provided under this section, the rights, remedies, and procedures provided in ch. 880 54 shall govern a standby guardianship created under this section.

SB391,32,19 (b) This section does not abridge the duties or authority of a guardian appointed under ch. 54 or ch. 880, 2003 stats.

SB391,32,21 (c) Nothing in this section prohibits an individual from petitioning a court for the appointment of a guardian under ch. 880 54.

SB391, s. 40 Section 40. 49.001 (8) of the statutes is amended to read:

SB391,32,25 49.001 (8) "Voluntary" means according to a person's an individual's free choice, if competent, or by choice of a his or her guardian if the individual is adjudicated incompetent.

SB391, s. 41 Section 41. 49.498 (3) (a) 1. of the statutes is amended to read:

SB391,33,7 49.498 (3) (a) 1. The right to choose a personal attending physician, to be fully informed in advance about care and treatment, to be fully informed in advance of any changes in care or treatment that may affect the resident's well-being, and, except with respect to a resident found who is adjudicated incompetent under s. 880.33 in this state, to participate in planning care and treatment or changes in care and treatment.

SB391, s. 42 Section 42. 49.498 (3) (c) of the statutes is amended to read:

SB391,33,12 49.498 (3) (c) For a resident who is found adjudicated incompetent under s. 880.33 in this state, the rights of a resident under this subsection devolve upon and, to the extent determined necessary by a court of competent jurisdiction, are exercised by the resident's guardian appointed under s. 880.33.

SB391, s. 43 Section 43. 50.02 (2) (ad) of the statutes is created to read:

SB391,33,16 50.02 (2) (ad) The department shall promulgate rules that require each facility licensed under this subchapter to provide information necessary for the department to assess the facility's compliance with s. 55.14.

SB391, s. 44 Section 44. 50.03 (14) (c) 8. e. of the statutes is amended to read:

SB391,33,19 50.03 (14) (c) 8. e. A list of the residents whom the facility believes to be incompetent meet the requirements of s. 54.10 (3).

SB391, s. 45 Section 45. 50.06 (2) (intro.) of the statutes is amended to read:

SB391,33,24 50.06 (2) (intro.) An individual under sub. (3) may consent to admission, directly from a hospital to a facility, of an incapacitated individual who does not have a valid power of attorney for health care and who has not been adjudicated incompetent under ch. 880 in this state, if all of the following apply:

SB391, s. 46 Section 46. 50.06 (2) (c) of the statutes is amended to read:

SB391,34,3 50.06 (2) (c) A petition for guardianship for the individual under s. 880.07 54.34 and a petition for protective placement of the individual under s. 55.06 (2) are filed prior to the proposed admission.

SB391, s. 47 Section 47. 50.09 (3) of the statutes is amended to read:

SB391,34,8 50.09 (3) If the resident is adjudged to be adjudicated incompetent under ch. 51 or 880 in this state and not restored to legal capacity, the rights and responsibilities established under this section which the resident is not competent to exercise shall devolve upon the resident's guardian.

SB391, s. 48 Section 48. 50.94 (2) (intro.) of the statutes is amended to read:

SB391,34,14 50.94 (2) (intro.) A person who is determined to be incapacitated under the requirements of sub. (8), does not have a valid living will or valid power of attorney for health care, and has not been adjudicated incompetent under ch. 880 in this state may be admitted to a hospice under this section only if all of the following requirements are met:

SB391, s. 49 Section 49. 50.94 (6) of the statutes is amended to read:

SB391,34,20 50.94 (6) A person who disagrees with a hospice decision made under this section may apply under ch. 880 s. 54.50 for temporary guardianship of the person who is incapacitated. In applying for the temporary guardianship, such a person has the burden of proving that the person who is incapacitated would not have consented to admission to a hospice or hospice care.

SB391, s. 50 Section 50. 51.01 (4g) of the statutes is created to read:

SB391,34,23 51.01 (4g) "County of residence" means the county that is determined under s. 51.40 to be the county of residence.

SB391, s. 51 Section 51. 51.01 (4r) of the statutes is created to read:

SB391,35,4 51.01 (4r) "Degenerative brain disorder" means the loss or dysfunction of brain cells to the extent that the individual is substantially impaired in his or her ability to provide adequately for his or her own care or custody or to manage adequately his or her property or financial affairs.

SB391, s. 52 Section 52. 51.01 (5) (a) of the statutes is amended to read:

SB391,35,13 51.01 (5) (a) "Developmental disability" means a disability attributable to brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, mental retardation, or another neurological condition closely related to mental retardation or requiring treatment similar to that required for mental retardation, which has continued or can be expected to continue indefinitely and constitutes a substantial handicap to the afflicted individual. "Developmental disability" does not include senility which that is primarily caused by the process of aging or the infirmities of aging degenerative brain disorder, as defined in s. 55.01 (1v).

SB391, s. 53 Section 53. 51.01 (14) of the statutes is amended to read:

SB391,35,16 51.01 (14) "Residence", "legal residency" or "county of residence" has the meaning given under s. 49.001 (6).

SB391, s. 54 Section 54. 51.01 (14t) of the statutes is created to read:

SB391,36,2 51.01 (14t) "Serious and persistent mental illness" means a mental illness that is severe in degree and persistent in duration, that causes a substantially diminished level of functioning in the primary aspects of daily living and an inability to cope with the ordinary demands of life, that may lead to an inability to maintain stable adjustment and independent functioning without long-term treatment and support, and that may be of lifelong duration. "Serious and persistent mental illness" includes schizophrenia as well as a wide spectrum of psychotic and other severely disabling psychiatric diagnostic categories, but does not include degenerative brain disorder or a primary diagnosis of a developmental disability or of alcohol or drug dependence.

SB391, s. 55 Section 55. 51.03 (3) (a) 6. of the statutes is amended to read:

SB391,36,6 51.03 (3) (a) 6. The number of persons authorized to consent to involuntary administration of psychotropic medication under s. 55.14 (8) or for whom guardians are were appointed under s. 880.33 (4m), 2003 stats.

SB391, s. 56 Section 56. 51.05 (2) of the statutes is amended to read:

SB391,36,17 51.05 (2) Admissions authorized by counties. The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under s. 51.42 in the county where the person has legal residency residence authorizes the care, as provided in s. 51.42 (3) (as). Patients who are committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06 or 980.06, admitted by the department under s. 975.17, 1977 stats., or are transferred from a secured correctional facility, a secured child caring institution or a secured group home to a state treatment facility under s. 51.35 (3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are not subject to this section.

SB391, s. 57 Section 57. 51.10 (8) of the statutes is amended to read:

SB391,36,22 51.10 (8) An adult for whom a guardian of the person has been appointed under ch. 880 in this state because of the subject's incompetency may be voluntarily admitted to an inpatient treatment facility under this section only if the guardian and the ward consent to such admission.

SB391, s. 58 Section 58. 51.20 (7) (d) 1. (intro.) of the statutes is renumbered 51.20 (7) (d) 1. and amended to read:

SB391,37,19 51.20 (7) (d) 1. If the court determines after hearing that there is probable cause to believe that the subject individual is a fit subject for guardianship and protective placement or services, the court may, without further notice, appoint a temporary guardian for the subject individual and order temporary protective placement or services under ch. 55 for a period not to exceed 30 days, and shall proceed as if petition had been made for guardianship and protective placement or services. If the court orders only temporary protective services for a subject individual under this paragraph, the individual shall be provided care only on an outpatient basis. The court may order involuntary administration of psychotropic medication as a temporary protective service under this paragraph if it finds that there is probable cause to believe that the allegations under s. 880.07 (1m) (c) and (cm) apply, that the individual is not competent to refuse psychotropic medication and that the medication ordered will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for and participate in subsequent legal proceedings. An individual is not competent to refuse psychotropic medication if, because of chronic mental illness, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to the individual, one of the following is true: only under the requirements of s. 55.14.

SB391, s. 59 Section 59. 51.20 (7) (d) 1. a. of the statutes is repealed.

SB391, s. 60 Section 60. 51.20 (7) (d) 1. b. of the statutes is repealed.

SB391, s. 61 Section 61. 51.20 (13) (g) 4. of the statutes is created to read:

SB391,38,2 51.20 (13) (g) 4. The county department under s. 51.42 or 51.437 to which the individual is committed under par. (a) 3. retains financial responsibility for the individual if the individual voluntarily moves to another county until venue for the individual is transferred to the county in which the individual is physically present or until the individual is no longer a proper subject of continued commitment.

SB391, s. 62 Section 62. 51.22 (4) of the statutes is amended to read:

SB391,38,8 51.22 (4) If a patient is placed in a facility authorized by a county department under s. 51.42 or 51.437 and such the placement is outside the jurisdiction of that county department under s. 51.42 or 51.437, the placement does not transfer the patient's legal residence to the county of the facility's location while such patient is under commitment or placement.

SB391, s. 63 Section 63. 51.30 (4) (b) 8m. of the statutes is amended to read: