SB731: Bill Text

SB731, s. 61 Section 61. 55.14 (9) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,26,12 55.14 (9) If an individual who is subject to an order under this section is not in compliance with the order because he or she refuses to take psychotropic medication as ordered under the treatment plan, and it is necessary for the individual to be transported to an appropriate facility for forcible restraint for administration of psychotropic medication, the corporation counsel may file with the court a statement of the facts of the noncompliance of the individual. The statement shall be sworn to be true and shall be based upon the information and belief of the person filing the statement. The statement shall be signed by the individual's guardian and by the director or designee of the county department or an agency with which it contracts under s. 55.02 (2) to develop and administer the treatment plan. Upon receipt of the statement of noncompliance, if the court finds by clear and convincing evidence that the individual has substantially failed to comply with the administration of psychotropic medication as ordered under the treatment plan, the court may issue an order authorizing the sheriff or any other law enforcement agency in the county in which the individual is found or in which it is believed that the individual may be present to take the individual into custody and transport him or her to an appropriate facility for administration of psychotropic medication using forcible restraint, with consent of the guardian.

SB731, s. 62 Section 62. 55.14 (10) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,26,16 55.14 (10) Nothing in this section prohibits the involuntary administration of psychotropic medication as an emergency protective service under s. 55.13.

SB731, s. 63 Section 63. 55.14 (11) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,26,21 55.14 (11) The county department or an agency with which it contracts under s. 55.02 (2) shall provide to the department a copy of any order issued under this section that applies to any protectively placed individual in the county.

SB731, s. 64 Section 64. 55.15 (2) of the statutes, as created by 2005 Wisconsin Act 264, is amended to read:

SB731,27,4 55.15 (2) Who may transfer. A guardian, a county department or agency with which it contracts under s. 55.03 (2) 55.02 (2) that provided protective placement to the individual pursuant to the order of the court, the department, or a protective placement facility may transfer an individual under a protective placement order under the requirements of this section, notwithstanding the fact that a court order has named a specific facility for the protective placement of the individual.

SB731, s. 65 Section 65. 55.175 of the statutes, as affected by 2005 Wisconsin Act 264, is repealed and recreated to read:

SB731,27,15 55.175 Discharge from protective placement. Prior to discharge of an individual from a protective placement, the county department that is responsible for protective placement shall review the need for continuing protective services, continuation of full or limited guardianship, or, if the individual has no guardian, guardianship. If the county department's recommendation includes a course of action for which court approval would be required, the county department shall make the recommendation to the court. Prior to discharge of the individual from any mental health institute or center for the developmentally disabled, the department shall make the review under s. 51.35 (7).

SB731, s. 66 Section 66. 55.18 (2) (a) of the statutes, as created by 2005 Wisconsin Act 264, is amended to read:

SB731,27,20 55.18 (2) (a) Review the report filed under sub. (1) (a) 1., the report required under s. 880.38 (3) 54.25 (1) (a), and any other relevant reports on the individual's condition and placement.

SB731, s. 67 Section 67. 55.18 (3) (a) of the statutes, as created by 2005 Wisconsin Act 264, is amended to read:

SB731,28,2 55.18 (3) (a) The court that ordered protective placement for an individual under s. 55.12 shall review the report of the guardian ad litem under sub. (2) (f), the report filed under sub. (1) (a) 1., and the report required under s. 880.38 (3) 54.25 (1) (a).

SB731, s. 68 Section 68. 55.19 (intro.) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,28,9 55.19 Annual review of order authorizing involuntary administration of psychotropic medication. (intro.) All of the following shall be performed with respect to any individual who is subject to an order under s. 55.14 or an order initially issued under s. 880.33 (4r), 2003 stats., authorizing involuntary administration of psychotropic medication:

SB731, s. 69 Section 69. 55.19 (1) (a) 1. of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,28,13 55.19 (1) (a) 1. File a report of the review with the court that issued the order. The report of the review shall include information on all of the following:

SB731,28,15 a. Whether the individual continues to meet the standards for protective services.

SB731,28,17 b. Whether the individual is not competent to refuse psychotropic medication, as defined in s. 55.14 (1) (b).

SB731,28,21 c. Whether the individual continues to refuse to take psychotropic medication voluntarily; and whether attempting to administer psychotropic medication to the individual voluntarily is not feasible or is not in the best interests of the individual, including all information required to be specified under s. 55.14 (3) (c).

SB731,28,24 d. Whether the individual's condition for which psychotropic medication has been prescribed has been improved by psychotropic medication and the individual has responded positively to psychotropic medication.

SB731,29,3 e. If the petitioner alleged under s. 55.14 (3) (e) 2. that the individual met one of the dangerousness criteria set forth in s. 51.20 (1) (a) 2. a. to e., whether the individual continues to meet the criterion.

SB731,29,6 f. The comments of the individual and the individual's guardian during the performance of the review, as summarized by the county department, and the response of the county department to the comments.

SB731,29,9 g. The comments, if any, of a staff member at the facility at which the individual is placed or receives services or at which psychotropic medication is administered to the individual that are relevant to the review of the continued need for the order.

SB731, s. 70 Section 70. 55.19 (1) (b) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,29,18 55.19 (1) (b) If, following an annual review of an individual's status under par. (a), the individual or the individual's guardian or guardian ad litem requests termination of the order and a hearing under the requirements of s. 55.10 (4) is provided, or if a hearing under the requirements of s. 55.10 (4) is provided pursuant to a petition for modification or termination of the order, the county department is not required to initiate a subsequent review under par. (a) until the first day of the 11th month after the date that the court issues a final order after the hearing.

SB731, s. 71 Section 71. 55.19 (1) (bm) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,29,23 55.19 (1) (bm) If the individual is subject to a protective placement order, the review under par. (a) shall be conducted simultaneously with the review under s. 55.18 of the individual's protective placement.

SB731, s. 72 Section 72. 55.19 (1) (c) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,30,3 55.19 (1) (c) The review under par. (a) may not be conducted by a person who is an employee of a facility in which the individual resides or from which the individual receives services.

SB731, s. 73 Section 73. 55.19 (1m) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,30,10 55.19 (1m) County agreement. The county of residence of an individual who is subject to an order under s. 55.14 and is provided protective placement in a different county may enter into an agreement with that county under which the county of the individual's placement performs all or part of the duties of the county of residence under this section.

SB731, s. 74 Section 74. 55.19 (2) (b) 3. of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,30,14 55.19 (2) (b) 3. That the court may under sub. (3) (b) order performance of an evaluation.

SB731, s. 75 Section 75. 55.19 (2) (b) 5. of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,30,19 55.19 (2) (b) 5. That a termination or modification of the order or modification of the treatment plan for involuntary administration of psychotropic medication may be ordered by the court.

SB731, s. 76 Section 76. 55.19 (2) (b) 6. of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,30,24 55.19 (2) (b) 6. The right to a hearing under sub. (3) (d) and an explanation that the individual or the individual's guardian may request a hearing that meets the requirements under s. 55.10 (4).

SB731, s. 77 Section 77. 55.19 (2) (c) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,31,4 55.19 (2) (c) Provide the information required under par. (b) to the individual and to the individual's guardian in writing.

SB731, s. 78 Section 78. 55.19 (2) (f) 4. of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,31,8 55.19 (2) (f) 4. The individual or the individual's guardian or guardian ad litem requests a full due process hearing under this section for the individual.

SB731, s. 79 Section 79. 55.19 (2) (g) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,31,12 55.19 (2) (g) Certify to the court that he or she has complied with the requirements of pars. (a) to (e).

SB731, s. 80 Section 80. 55.19 (3) (b) (intro.) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,31,19 55.19 (3) (b) (intro.) The court shall order an evaluation, by a person who is not an employee of the county department, of the physical, mental, and social condition of the individual that is relevant to the issue of the continued need for the order under s. 55.14 and that is independent of the review performed under sub. (1) (a) if any of the following apply:

SB731, s. 81 Section 81. 55.19 (3) (bm) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,31,24 55.19 (3) (bm) If an evaluation is ordered under par. (b), it shall be performed at the expense of the individual or, if the individual is indigent, at the expense of the county of residence under sub. (1) (a).

SB731, s. 82 Section 82. 55.19 (3) (br) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,32,4 55.19 (3) (br) The court may order that the county department obtain any other necessary information with respect to the individual.

SB731, s. 83 Section 83. 55.19 (3) (d) (intro.) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,32,12 55.19 (3) (d) (intro.) The court shall order either a summary hearing or a hearing under the requirements of s. 55.10 (4). A summary hearing shall be held on the record, may be held in court or by other means, including by telephone or videoconference, is not an evidentiary hearing, and does not require attendance by the individual. The court shall hold a hearing under the requirements of s. 55.10 (4) if any of the following apply:

SB731, s. 84 Section 84. 55.19 (3) (e) 1. of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,32,20 55.19 (3) (e) 1. If the court finds that the individual continues to meet the standards for an order under s. 55.14 (8), the court shall order the continuation of the order. The court shall include in the decision the information relied upon as a basis for continuation of the order and shall make findings based on the requirements for allegations of a petition under s. 55.14 (3) in support of the need for continuation of the order.

SB731, s. 85 Section 85. 55.19 (3) (e) 2. of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,33,6 55.19 (3) (e) 2. If the court finds that the individual continues to meet the standards for an order under s. 55.14 (8) but that modification of the order or the treatment plan would be in the best interests of the individual, the court shall modify the order, order modifications to the individual's treatment plan, or both. Any modifications to the treatment plan are subject to the approval of the guardian. The court shall include in the decision the information relied upon as a basis for continuation of the order and shall make findings based on the requirements for allegations of a petition under s. 55.14 (3) in support of the need for authorizing the guardian to consent to involuntary administration of psychotropic medication.

SB731, s. 86 Section 86. 55.19 (3) (e) 3. of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,33,15 55.19 (3) (e) 3. If the court finds that the individual no longer meets the standards for an order under s. 55.14 (8), the court shall terminate the order. If the order is terminated, the court shall review the needs of the individual with respect to other protective services. If the court determines that the individual meets the standards under s. 55.08 (2) for other protective services that are not currently being provided to the individual, the court may order those protective services for the individual.

SB731, s. 87 Section 87. 55.22 (2) of the statutes, as affected by 2005 Wisconsin Act 264, is repealed and recreated to read:

SB731,33,22 55.22 (2) If the individual is a minor, consent for release of information from and access to the court records may be given only as provided in s. 51.30. If the individual is an adult who has been adjudicated incompetent in this state, consent for release of information from and access to court records may be given only as provided in s. 54.75.

SB731, s. 88 Section 88. 609.65 (1) (intro.) of the statutes, as affected by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,34,9 609.65 (1) (intro.) If an enrollee of a limited service health organization, preferred provider plan, or defined network plan is examined, evaluated, or treated for a nervous or mental disorder pursuant to a court order under s. 880.33 (4m) or (4r), 2003 stats., an emergency detention under s. 51.15, a commitment or a court order under s. 51.20, an order under s. 55.14 or 55.19 (3) (e), or an order under ch. 980, then, notwithstanding the limitations regarding participating providers, primary providers, and referrals under ss. 609.01 (2) to (4) and 609.05 (3), the limited service health organization, preferred provider plan, or defined network plan shall do all of the following:

SB731, s. 89 Section 89. 813.123 (2) (b) of the statutes, as created by 2005 Wisconsin Act 388, is amended to read:

SB731,34,15 813.123 (2) (b) The court may go forward with a petition filed under sub. (6) if the individual at risk has been adjudicated incompetent under ch. 54 or under ch. 880, 2003 stats., notwithstanding an objection by an individual at risk who is the subject of the petition, or an objection by the guardian of the individual at risk.

SB731, s. 90 Section 90. 813.123 (3) (b) of the statutes, as affected by 2005 Wisconsin Act 388, is amended to read:

SB731,34,22 813.123 (3) (b) The court or circuit court commissioner, on its or his or her own motion or the motion of any party, shall order that a guardian ad litem be appointed under s. 880.331 (1) for the individual at risk, if the petition under sub. (6) was filed by a person other than the individual at risk, and may order that a guardian ad litem be appointed in other instances when justice so requires.

SB731, s. 91 Section 91. 813.123 (4) (a) (intro.) of the statutes, as affected by 2005 Wisconsin Acts 264 and 388, is repealed and recreated to read:

SB731,35,5 813.123 (4) (a) (intro.) Unless the individual at risk, guardian, or guardian ad litem consents in writing and the judge or circuit court commissioner agrees that the contact is in the best interests of the individual at risk, a judge or circuit court commissioner shall issue a temporary restraining order, as specified in par. (ar), if all of the following occur:

SB731, s. 92 Section 92. 813.123 (4) (a) 2. a. of the statutes, as affected by 2005 Wisconsin Acts 264 and 388, is repealed and recreated to read:

SB731,35,14 813.123 (4) (a) 2. a. That the respondent has interfered with or, based on prior conduct of the respondent, may interfere with an investigation of the individual at risk, the delivery of protective services to or a protective placement of the individual at risk under ch. 55, or the delivery of services to an elder adult at risk under s. 46.90 (5m); and that the interference complained of, if continued, would make it difficult to determine whether abuse, financial exploitation, neglect, or self-neglect has occurred, is occurring, or may recur.

SB731, s. 93 Section 93. 813.123 (4) (ar) 1. of the statutes, as created by 2005 Wisconsin Act 388, is amended to read:

SB731,35,21 813.123 (4) (ar) 1. Avoid interference with an investigation of the elder adult at risk under s. 46.90 or the adult at risk under s. 55.043, the delivery of protective services to the individual at risk under s. 55.05 or a protective placement of the individual at risk under s. 55.06 ch. 55, or the delivery of services to the elder adult at risk under s. 46.90 (5m).

SB731, s. 94 Section 94. 813.123 (5) (a) (intro.) of the statutes, as affected by 2005 Wisconsin Acts 264 and 388, is repealed and recreated to read:

SB731,36,2 813.123 (5) (a) (intro.) Unless the individual at risk, guardian, or guardian ad litem consents in writing to a contact and the judge agrees that the contact is in the best interests of the individual at risk, a judge may grant an injunction ordering the respondent, as specified in par. (ar), if all of the following occur:

SB731, s. 95 Section 95. 813.123 (5) (ar) 1. of the statutes, as created by 2005 Wisconsin Act 388, is amended to read:

SB731,36,9 813.123 (5) (ar) 1. Avoid interference with an investigation of the elder adult at risk under s. 46.90 or the adult at risk under s. 55.043, the delivery of protective services to the individual at risk under s. 55.05 or a protective placement of the individual at risk under s. 55.06 ch. 55, or the delivery of services to the elder adult at risk under s. 46.90 (5m).

SB731, s. 96 Section 96. 813.123 (6) (c) of the statutes, as affected by 2005 Wisconsin Acts 264 and 388, is repealed and recreated to read:

SB731,36,19 813.123 (6) (c) That the respondent interfered with or, based on prior conduct of the respondent, may interfere with an investigation of the elder adult at risk under s. 46.90 (5), an investigation of the adult at risk under s. 55.043, the delivery of protective services to, or a protective placement of, the individual at risk under ch. 55, or the delivery of services to the elder adult at risk under s. 46.90 (5m); or that the respondent engaged in, or threatened to engage in, the abuse, financial exploitation, neglect, stalking, or harassment of an individual at risk or mistreatment of an animal.

SB731, s. 97 Section 97. 813.123 (7) of the statutes, as affected by 2005 Wisconsin Acts 264 and 388, is repealed and recreated to read:

SB731,37,2 813.123 (7) Interference order. Any order under sub. (4) (ar) 1. or 2. or (5) (ar) 1. or 2. also shall prohibit the respondent from intentionally preventing a representative or employee of the county protective services agency from meeting, communicating or being in visual or audio contact with the adult at risk, except as provided in the order.

SB731, s. 98 Section 98. 940.285 (1m) of the statutes, as created by 2005 Wisconsin Act 388, is amended to read:

SB731,37,8 940.285 (1m) Exception. Nothing in this section may be construed to mean that a vulnerable adult an individual at risk is abused solely because he or she consistently relies upon treatment by spiritual means through prayer for healing, in lieu of medical care, in accordance with his or her religious tradition.

SB731, s. 99 Section 99. 940.295 (1) (cr) of the statutes is created to read:

SB731,37,10 940.295 (1) (cr) "Elder adult at risk" has the meaning given in s. 46.90 (1) (br).

SB731, s. 100 Section 100. 940.295 (1) (hr) of the statutes is created to read:

SB731,37,13 940.295 (1) (hr) "Individual at risk" means an elder adult at risk or an adult at risk.

SB731, s. 101 Section 101. 2005 Wisconsin Act 387, section 585 (intro.) is amended to read:

SB731,37,17 [2005 Wisconsin Act 387] Section 585 Effective dates. (intro.) This act takes effect on the first day of the 7th month beginning after publication November 1, 2006, except as follows: