SB731: Bill Text

SB731, s. 27 Section 27. 55.01 (4g) of the statutes, as created by 2005 Wisconsin Act 388, is renumbered 55.01 (4i).

SB731, s. 28 Section 28. 55.01 (6) of the statutes, as created by 2005 Wisconsin Act 388, is renumbered 55.01 (6u).

SB731, s. 29 Section 29. 55.01 (6d) of the statutes, as created by 2005 Wisconsin Act 388, is renumbered 55.01 (6vm).

SB731, s. 30 Section 30. 55.01 (6g) of the statutes, as created by 2005 Wisconsin Act 388, is renumbered 55.01 (6w).

SB731, s. 31 Section 31. 55.01 (6t) of the statutes, as created by 2005 Wisconsin Act 387, is renumbered 55.01 (6s).

SB731, s. 32 Section 32. 55.01 (6v) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,13,9 55.01 (6v) "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.

SB731, s. 33 Section 33. 55.02 of the statutes, as affected by 2005 Wisconsin Acts 264, 387 and 388, is repealed and recreated to read:

SB731,13,13 55.02 Protective services and protective placement: duties. (1) Department duties. (a) The department shall do all of the following:

SB731,13,17 1. Cooperate with county departments to develop and operate a coordinated, statewide system for protective services and protective placement. The protective services and protective placement system shall be designed to encourage independent living and to avoid protective placement whenever possible.

SB731,13,19 2. Monitor and supervise the implementation and operation of the protective services and protective placement system.

SB731,13,21 3. Provide technical assistance to county departments providing protective services and protective placement.

SB731,13,22 4. Evaluate the protective services and protective placement system.

SB731,13,24 (b) The department may provide protective services and protective placement directly or contract for the provision of protective services or protective placement.

SB731,14,8 (2) County department duties. (a) The chairperson of each county board of supervisors shall designate a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 that is providing services in the county on its own or through a joint mechanism with another county department or county to have the responsibility for planning for the provision of protective services and protective placement and for directly providing protective services, protective placement, or both, or entering into a contract under s. 46.036 with a responsible agency for the provision of protective services, protective placement, or both.

SB731,14,10 (b) In addition to the responsibilities specified in par. (a), the county department shall:

SB731,14,11 1. Monitor and evaluate protective services and protective placements.

SB731,14,13 2. Prepare and submit reports required by the department, or by a court if protective services or protective placement are ordered by a court.

SB731,14,15 3. Develop requirements for submittal by guardians of the person of reports to the county department under s. 54.25 (1) (a).

SB731,14,18 4. Designate at least one appropriate medical facility or protective placement facility as an intake facility for the purpose of emergency protective placements under s. 55.135.

SB731, s. 34 Section 34. 55.03 (1) of the statutes, as affected by 2005 Wisconsin Act 264, is amended to read:

SB731,14,23 55.03 (1) Agency as guardian Guardian as provider. No agency acting as a guardian appointed under ch. 54 or ch. 880, 2003 stats., may be a provider of protective services or protective placement for its ward under this chapter.

SB731, s. 35 Section 35. 55.03 (3) of the statutes, as affected by 2005 Wisconsin Act 264, is amended to read:

SB731,15,5 55.03 (3) Guardian authority and responsibility applicable to parent of minor. Where any responsibility or authority is created under this chapter upon or in relation to a guardian, the responsibility or authority is deemed to apply to a parent or person in the place of a parent in the case of a minor who is or who is alleged to be developmentally disabled have developmental disability.

SB731, s. 36 Section 36. 55.043 (1r) (b) 2. of the statutes, as affected by 2005 Wisconsin Acts 264 and 388, is repealed and recreated to read:

SB731,15,10 55.043 (1r) (b) 2. Observation of or an interview with the adult at risk, in private to the extent practicable, and with or without consent of his or her guardian or agent under an activated power of attorney for health care, if any.

SB731, s. 37 Section 37. 55.043 (1r) (c) 2. c. of the statutes, as affected by 2005 Wisconsin Acts 264 and 388, is repealed and recreated to read:

SB731,15,13 55.043 (1r) (c) 2. c. The examination is authorized by order of a court.

SB731, s. 38 Section 38. 55.043 (4) (am) of the statutes, as created by 2005 Wisconsin Act 388, is amended to read:

SB731,15,21 55.043 (4) (am) Upon responding to a report, the adult-at-risk agency or the investigative agency shall determine whether the adult at risk or any other individual involved in the alleged abuse, financial exploitation, neglect, or self-neglect is in need of services under this chapter or ch. 46, 47, 59 49, 51, or 880 54. If provided, direct services shall be rendered under the least restrictive conditions necessary to achieve their objective.

SB731, s. 39 Section 39. 55.043 (6) (bt) 8. of the statutes, as created by Wisconsin Act 388, is amended to read:

SB731,16,3 55.043 (6) (bt) 8. To the attorney or guardian ad litem for the adult at risk who is the alleged victim named in the record, to assist in preparing for any proceeding under ch. 48, 51, 54, 55, 813, 880, 971, or 975 pertaining to the alleged victim.

SB731, s. 40 Section 40. 55.055 (1) (a) of the statutes, as affected by 2005 Wisconsin Act 264, is amended to read:

SB731,16,13 55.055 (1) (a) The guardian of an individual who has been found adjudicated incompetent under s. 880.33 may consent to the individual's admission to a foster home, group home, or community-based residential facility, as defined under s. 50.01 (1g), without a protective placement order under s. 55.12 if the home or facility is licensed for fewer than 16 beds. Prior to providing that consent, and annually thereafter, the guardian shall review the ward's right to the least restrictive residential environment and may consent only to admission to a home or facility that implements that right.

SB731, s. 41 Section 41. 55.055 (1) (b) of the statutes, as affected by 2005 Wisconsin Act 264, is amended to read:

SB731,17,6 55.055 (1) (b) The guardian of an individual who has been found adjudicated incompetent under s. 880.33 may consent to the individual's admission to a nursing home or other facility not specified in par. (a) for which protective placement is otherwise required for a period not to exceed 60 days. In order to be admitted under this paragraph, the individual must be in need of recuperative care or be 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. Prior to providing that consent, the guardian shall review the ward's right to the least restrictive residential environment and consent only to admission to a nursing home or other facility that implements that right. Following the 60-day period, the admission may be extended for an additional 60 days if a petition for protective placement under s. 55.075 has been brought, or, if no petition for protective placement under s. 55.075 has been brought, for an additional 30 days for the purpose of allowing the initiation of discharge planning for the individual. Admission under this paragraph is not permitted for an individual for whom the primary purpose of admission is for treatment or services related to the individual's mental illness or developmental disability.

SB731, s. 42 Section 42. 55.06 of the statutes, as affected by 2005 Wisconsin Act 264, is repealed and recreated to read:

SB731,17,21 55.06 Protective services and protective placement; eligibility. To be eligible for court-ordered protective placement or protective services, an individual shall have filed a petition to transfer a foreign guardianship, whether present in the state or not, or shall be a resident of the state; and shall have a need for protective placement or protective services. The individual shall have attained the age of 18, but an individual who is alleged to have developmental disability may receive protective placement or protective services upon attaining the age of 14. Protective placement or protective services may be ordered under this chapter only for an individual who is adjudicated incompetent in this state or for a minor who is alleged to have developmental disability, and only if there is a finding of a need for protective placement under s. 55.12, and ss. 55.055 (5), 55.13, and 55.135 are inappropriate or do not apply. A procedure for court-ordered protective placement or protective services may be initiated 6 months before a minor attains age 18.

SB731, s. 43 Section 43. 55.06 (3) (d) of the statutes, as created by 2005 Wisconsin Act 387, is renumbered 55.075 (5) (bm) and amended to read:

SB731,18,13 55.075 (5) (bm) The court in which a petition is first filed under par. (c) sub. (1) shall determine venue. The court shall direct that proper notice be given to any potentially responsible or affected county. Proper notice is given to a potentially responsible or affected county if written notice of the proceeding is sent by certified mail to the county's clerk and corporation counsel. After all potentially responsible or affected counties and parties have been given an opportunity to be heard, the court shall determine that venue lies in the county in which the petition is filed under par. (c) or in another county, as appropriate. If the court determines that venue lies in another county, the court shall order the entire record certified to the proper court. A court in which a subsequent petition is filed shall, upon being satisfied of an earlier filing in another court, summarily dismiss the subsequent petition. If any potentially responsible or affected county or party objects to the court's finding of venue, the court may refer the issue to the department for a determination of the county of residence under s. 51.40 (2) (g) and may suspend ruling on the motion for change of venue until the determination under s. 51.40 (2) (g) is final.

SB731, s. 44 Section 44. 55.075 (3) of the statutes, as affected by 2005 Wisconsin Act 264, is repealed and recreated to read:

SB731,18,20 55.075 (3) A petition for guardianship described in s. 55.08 (1) (b) or (2) (a) shall be heard prior to ordering protective placement or protective services. If the individual is adjudicated incompetent in this state more than 12 months before the filing of an application for protective placement or protective services on his or her behalf, the court shall review the finding of incompetency.

SB731, s. 45 Section 45. 55.075 (5) (a) of the statutes, as affected by 2005 Wisconsin Act 264, is repealed and recreated to read:

SB731,19,6 55.075 (5) (a) A petition under sub. (1) shall be filed in the county of residence of the individual to be protected, as determined under s. 51.40 or by the individual's guardian or where the individual is physically present due to circumstances including those specified under s. 51.22 (4). If an individual has not received services under ch. 46, 51, or 55 or if an individual has received services under ch. 46, 51, or 55 that have been terminated and has established residence in a county other than that in which the individual resided when the services were received, the court may determine the individual's county of residence. The county of residence under this paragraph is the county of responsibility.

SB731, s. 46 Section 46. 55.08 (1) (b) of the statutes, as affected by 2005 Wisconsin Act 264, is repealed and recreated to read:

SB731,19,11 55.08 (1) (b) Except in the case of a minor who is alleged to have developmental disability, the individual has either been adjudicated incompetent by a circuit court, or has had submitted on the minor's behalf a petition for a guardianship.

SB731, s. 47 Section 47. 55.08 (2) (a) of the statutes, as created by 2005 Wisconsin Act 264, is repealed and recreated to read:

SB731,19,16 55.08 (2) (a) The individual has been determined to be incompetent by a circuit court or is a minor who is alleged to have developmental disability and on whose behalf a petition for a guardianship has been submitted.

SB731, s. 48 Section 48. 55.09 (1) of the statutes, as affected by 2005 Wisconsin Act 264, is repealed and recreated to read:

SB731,19,25 55.09 (1) Notice to individual. Notice of a petition for protective placement or protective services shall be served upon the individual sought to be protected, by personal service, at least 10 days before the time set for a hearing. The person serving the notice shall inform the individual sought to be protected of the complete contents of the notice and shall return a certificate to the circuit judge verifying that the petition has been delivered and notice given. The notice shall include the names of all petitioners.

SB731, s. 49 Section 49. 55.10 (4) (a) of the statutes, as created by 2005 Wisconsin Act 264, is amended to read:

SB731,20,20 55.10 (4) (a) Counsel; costs. The individual sought to be protected has the right to counsel whether or not the individual is present at the hearing on the petition. The court shall require representation by full legal counsel whenever the petition alleges that the individual is not competent to refuse psychotropic medication under s. 55.14, the individual sought to be protected requested such representation at least 72 hours before the hearing, the guardian ad litem or any other person states that the individual sought to be protected is opposed to the petition, or the court determines that the interests of justice require it. If the individual sought to be protected or any other person on his or her behalf requests but is unable to obtain legal counsel, the court shall appoint legal counsel. Counsel shall be provided at public expense, as provided under s. 967.06 and ch. 977, if the individual is indigent. If the individual sought to be protected is an adult who is indigent, and if counsel was not appointed under s. 977.08, the county in which the hearing is held is liable for any fees due the individual's legal counsel. If the individual sought to be protected is represented by counsel appointed under s. 977.08 in a proceeding for the appointment of a guardian under s. 880.33 54.10, the court shall order the counsel appointed under s. 977.08 to represent under this section the individual sought to be protected.

SB731, s. 50 Section 50. 55.10 (4) (b) of the statutes, as affected by 2005 Wisconsin Act 264, is repealed and recreated to read:

SB731,21,15 55.10 (4) (b) Guardian ad litem; duties; fees. Sections 54.42, 54.44, and 54.46 apply to all hearings under this chapter except for transfers of placement under s. 55.15. The court shall in all cases require the appointment of an attorney as guardian ad litem in accordance with s. 757.48 (1). The responsibilities and duties of a guardian ad litem on behalf of a proposed ward or individual who is alleged incompetent specified in s. 54.40 apply to a guardian ad litem appointed in a proceeding for protective services or protective placement on behalf of an individual sought to be protected. If a guardian has been appointed for an individual who is the subject of a petition for court-ordered protective placement or protective services, the guardian ad litem shall interview the guardian. The guardian ad litem shall be present at all hearings under this chapter if the individual sought to be protected does not have full legal counsel. The court may, however, excuse a personal appearance by a guardian ad litem based on information contained in a written report by the guardian ad litem to the court. If the individual sought to be protected is an adult who is indigent, the county shall be liable for any fees due the guardian ad litem. If the individual sought to be protected is a minor, the minor's parents or the county in which the hearing is held shall be liable for any fees due the guardian ad litem as provided in s. 48.235 (8).

SB731, s. 51 Section 51 . 55.11 (1) (c) of the statutes, as affected by 2005 Wisconsin Act 264, is amended to read:

SB731,21,22 55.11 (1) (c) A medical, psychological, social, vocational, and educational evaluation and review, if necessary, and any recommendations for or against maintenance of partial legal rights as provided in s. 880.33 54.25 (2). The evaluation and review shall include recommendations for the individual's placement that are consistent with the requirements of s. 55.12 (3), (4), and (5).

SB731, s. 52 Section 52. 55.13 (2) of the statutes, as created by 2005 Wisconsin Act 264, is amended to read:

SB731,22,12 55.13 (2) If the county department or agency with which the county department contracts under s. 55.02 (2) that is providing emergency protective services to an individual under sub. (1) has reason to believe that the individual meets the criteria for protective services under s. 55.08 (2), the county department or agency may file a petition under s. 55.075. If a petition is filed, a preliminary hearing shall be held within 72 hours, excluding Saturdays, Sundays, and legal holidays, to establish probable cause that the criteria under s. 55.08 (2) are present. The county department or agency shall provide the individual with written notice and orally inform the individual of the time and place of the preliminary hearing. If the individual is not under guardianship, a petition for guardianship shall accompany the petition under s. 55.08 (2), except in the case of a minor who is alleged to be developmentally disabled have developmental disability.

SB731, s. 53 Section 53. 55.135 (4) of the statutes, as affected by 2005 Wisconsin Act 264, is repealed and recreated to read:

SB731,23,2 55.135 (4) When an individual is detained under this section, a petition shall be filed under s. 55.075 by the person making the emergency protective placement and a preliminary hearing shall be held within 72 hours, excluding Saturdays, Sundays and legal holidays, to establish probable cause to believe the grounds for protective placement under s. 55.08 (1). The sheriff or other person making emergency protective placement under sub. (1) shall provide the individual with written notice and orally inform him or her of the time and place of the preliminary hearing. If the detainee is not under guardianship, a petition for guardianship shall accompany the protective placement petition, except in the case of a minor who is alleged to have developmental disability. In the event that protective placement is not appropriate, the court may elect to treat a petition for protective placement as a petition for commitment under s. 51.20 or 51.45 (13).

SB731, s. 54 Section 54. 55.14 (2) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,23,7 55.14 (2) Involuntary administration of psychotropic medication, with consent of a guardian, may be ordered as a protective service only under the requirements of this section.

SB731, s. 55 Section 55. 55.14 (3) (c) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,23,22 55.14 (3) (c) The individual has refused to take the psychotropic medication voluntarily or attempting to administer psychotropic medication to the individual voluntarily is not feasible or is not in the best interests of the individual. If the petition alleges that the individual has refused to take psychotropic medication voluntarily, the petition shall identify the reasons, if known, for the individuals refusal to take psychotropic medication voluntarily. The petition also shall provide evidence showing that a reasonable number of documented attempts to administer psychotropic medication voluntarily using appropriate interventions that could reasonably be expected to increase the individual's willingness to take psychotropic medication voluntarily have been made and have been unsuccessful. If the petition alleges that attempting to administer psychotropic medications to the individual voluntarily is not feasible or is not in the best interests of the individual, the petition must identify specific reasons supporting that allegation.

SB731, s. 56 Section 56. 55.14 (3) (e) (intro.) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,24,5 55.14 (3) (e) (intro.) Unless psychotropic medication is administered involuntarily, the individual will incur a substantial probability of physical harm, impairment, injury, or debilitation or will present a substantial probability of physical harm to others. The substantial probability of physical harm, impairment, injury, or debilitation shall be evidenced by one of the following:

SB731, s. 57 Section 57. 55.14 (3) (e) 1. of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,24,14 55.14 (3) (e) 1. The individual's history of at least 2 episodes, one of which has occurred within the previous 24 months, that indicate a pattern of overt activity, attempts, threats to act, or omissions that resulted from the individual's failure to participate in treatment, including psychotropic medication, and that resulted in a finding of probable cause for commitment under s. 51.20 (7), a settlement agreement approved by a court under s. 51.20 (8) (bg), or commitment ordered under s. 51.20 (13).

SB731, s. 58 Section 58. 55.14 (5) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,24,21 55.14 (5) The guardian ad litem appointed under s. 55.10 (4) (b) for an individual who is the subject of a petition under this section shall report to the court whether the allegations in the petition required under sub. (3) are true, and whether involuntary administration of psychotropic medication is in the best interests of the individual.

SB731, s. 59 Section 59. 55.14 (7) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,25,3 55.14 (7) Upon the filing of a petition under this section, the court shall appoint counsel as required under s. 55.10 (4) (a). A petition under this section shall be heard within 30 days after it is filed.

SB731, s. 60 Section 60. 55.14 (8) (a) of the statutes, as created by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

SB731,25,17 55.14 (8) (a) Direct the development of a treatment plan for the individual specifying the protective services, including psychotropic medication as ordered by the treating physician, that the individual should receive. If the individual resides in a nursing home or hospital, the nursing home or hospital shall develop the treatment plan. If the individual resides elsewhere, the county department or an agency with which it contracts under s. 55.02 (2) shall develop the treatment plan. The treatment plan shall include a plan for the involuntary administration of psychotropic medication to the individual. The treatment plan is subject to the approval of the guardian and to review and approval by the court. If the court approves the plan, the court shall order the county department or an agency with which it contracts under s. 55.02 (2) to ensure that psychotropic medication is administered in accordance with the treatment plan.

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: