AB279: Bill Text

AB279,54,22 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.

AB279, s. 147 Section 147. 55.195 (intro.) of the statutes, as affected by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,55,3 55.195 Duties of guardian ad litem for protective services reviews. (intro.) In any review of a protective services order made under s. 55.12, except as provided in s. 55.19 (2), the guardian ad litem shall do all of the following:

AB279, s. 148 Section 148. 55.195 (4) of the statutes is amended to read:

AB279,55,6 55.195 (4) Review the annual report and relevant reports on the ward's condition and placement protective services.

AB279, s. 149 Section 149. 55.195 (5) of the statutes is amended to read:

AB279,55,9 55.195 (5) Review the ward's condition, placement protective services, and rights with the guardian.

AB279, s. 150 Section 150. 55.195 (6) of the statutes is amended to read:

AB279,55,15 55.195 (6) If relevant, report to the court that the ward objects to the finding of continuing incompetency, the present or proposed placement protective services, the position of the guardian, or the recommendation of the guardian ad litem as to the best interests of the ward or if there is ambiguity about the ward's position on these matters.

AB279, s. 151 Section 151. 55.22 (2) of the statutes, as affected by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,55,22 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.

AB279, s. 152 Section 152. 146.40 (1) (am) of the statutes is repealed.

AB279, s. 153 Section 153. 146.82 (2) (a) 7. of the statutes is repealed and recreated to read:

AB279,56,7 146.82 (2) (a) 7. To an elder-adult-at-risk agency designated under s. 46.90 (2) or other investigating agency under s. 46.90 for purposes of s. 46.90 (4) and (5) or to an adult-at-risk agency designated under s. 55.043 (1d) for purposes of s. 55.043. The health care provider may release information by initiating contact with the elder-adult-at-risk agency or adult-at-risk agency without receiving a request for release of the information from the elder-adult-at-risk agency or adult-at-risk agency.

AB279, s. 154 Section 154. 560.9811 (1) of the statutes is amended to read:

AB279,56,10 560.9811 (1) In this section, "mental illness serious and persistent mental illness" has the meaning given in s. 51.01 (14t).

AB279, s. 155 Section 155. 609.65 (1) (intro.) of the statutes, as affected by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,56,22 609.65 (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 for protective placement or protective services under ch. 55, 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:

AB279, s. 156 Section 156. 757.69 (1) (h) of the statutes, as affected by 2005 Wisconsin Acts 264 and 387, is repealed and recreated to read:

AB279,57,9 757.69 (1) (h) Hear petitions for commitment and conduct probable cause hearings under ss. 51.20, 51.45, 55.13, and 55.135, conduct reviews of guardianships under ch. 54 and reviews of protective placements and protective services under ch. 55, advise a person alleged to be mentally ill of his or her rights under the United States and Wisconsin constitutions, and, if the person claims or appears to be unable to afford counsel, refer the person to the authority for indigency determinations specified under s. 977.07 (1) or, if the person is a child, refer that child to the state public defender who shall appoint counsel for the child without a determination of indigency, as provided in s. 48.23 (4).

AB279, s. 157 Section 157. 813.123 (2) (b) of the statutes is amended to read:

AB279,57,14 813.123 (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. 880 ch. 880, 2003 stats., or ch. 54, 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.

AB279, s. 158 Section 158. 813.123 (3) (b) of the statutes, as affected by 2005 Wisconsin Acts 387 and 388, is repealed and recreated to read:

AB279,57,21 813.123 (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 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.

AB279, s. 159 Section 159. 813.123 (4) (a) (intro.) of the statutes, as affected by 2005 Wisconsin Acts 264 and 388, is repealed and recreated to read:

AB279,58,3 813.123 (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:

AB279, s. 160 Section 160. 813.123 (4) (a) 2. a. of the statutes, as affected by 2005 Wisconsin Acts 264 and 388, is repealed and recreated to read:

AB279,58,12 813.123 (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.

AB279, s. 161 Section 161. 813.123 (4) (ar) 1. of the statutes is amended to read:

AB279,58,18 813.123 (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).

AB279, s. 162 Section 162. 813.123 (5) (a) (intro.) of the statutes, as affected by 2005 Wisconsin Acts 264 and 388, is repealed and recreated to read:

AB279,58,24 813.123 (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:

AB279, s. 163 Section 163. 813.123 (5) (a) 3. b. of the statutes, as affected by Wisconsin Acts 264 and 388, is amended to read:

AB279,59,8 813.123 (5) (a) 3. b. That the respondent has interfered with the delivery individual at risk of protective services to or a protective placement of the individual at risk under ch. 55 after the offer of protective services or protective placement has been made and the individual at risk or his or her guardian, if any, has consented to receipt of the protective services or protective placement; or that the respondent has interfered with the delivery of services to an elder adult at risk under s. 46.90 (5m).

AB279, s. 164 Section 164. 813.123 (5) (ar) 1. of the statutes is amended to read:

AB279,59,14 813.123 (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).

AB279, s. 165 Section 165. 813.123 (5) (c) 1. of the statutes is amended to read:

AB279,59,17 813.123 (5) (c) 1. An injunction under this subsection is effective according to its terms, but for not more than 4 years.

AB279, s. 166 Section 166. 813.123 (6) (c) of the statutes, as affected by 2005 Wisconsin Acts 264 and 388, is repealed and recreated to read:

AB279,60,2 813.123 (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.

AB279, s. 167 Section 167. 813.123 (7) of the statutes, as affected by Wisconsin Acts 264 and 388, is amended to read:

AB279,60,9 813.123 (7) Interference order. Any order under or ch. 55 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.

AB279, s. 168 Section 168. 940.285 (1m) of the statutes, as created by 2005 Wisconsin Act 388, is amended to read:

AB279,60,15 940.285 (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.

AB279, s. 169 Section 169. 940.295 (1) (cr) of the statutes is created to read:

AB279,60,17 940.295 (1) (cr) "Elder adult at risk" has the meaning given in s. 46.90 (1) (br).

AB279, s. 170 Section 170. 940.295 (1) (hr) of the statutes is created to read:

AB279,60,20 940.295 (1) (hr) "Individual at risk" means an elder adult at risk or an adult at risk.

AB279, s. 171 Section 171. Effective date.

AB279,60,23 (1) This act takes effect on the first day of the first month beginning after publication.

AB279,60,24 (End)