SB40, s. 1804 20Section 1804. 50.14 (2) (bm) of the statutes is created to read:
SB40,812,2521 50.14 (2) (bm) For intermediate care facilities for the mentally retarded, an
22amount calculated by multiplying the projected annual gross revenues of all
23intermediate care facilities for the mentally retarded in this state by 0.055, dividing
24the product by the number of licensed beds of intermediate care facilities in this state
25and dividing the quotient by 12.
SB40, s. 1805
1Section 1805. 50.14 (2m) of the statutes is created to read:
SB40,813,72 50.14 (2m) Prior to each state fiscal year, the department shall calculate the
3amount of the assessment under sub. (2) (bm) that shall apply during the fiscal year.
4The department may reduce the assessment amount during a state fiscal year to
5avoid collecting for the fiscal year an amount in bed assessment receipts under sub.
6(2) (bm) that exceeds 5.5 percent of the aggregate gross revenues for intermediate
7care facilities for the mentally retarded for the fiscal year.
SB40, s. 1806 8Section 1806. 50.36 (2) (c) of the statutes is repealed.
SB40, s. 1807 9Section 1807. 50.375 of the statutes is created to read:
SB40,813,13 1050.375 Assessment. (1) Beginning in 2007, for the privilege of doing business
11in this state, there is imposed on each hospital an annual assessment, based on the
12hospital's gross revenue that each hospital shall pay before December 1. The
13assessments shall be deposited into the health care quality fund.
SB40,813,16 14(2) The department shall verify the amount of each hospital's gross revenue
15and determine the amount of each hospital's assessment, based on claims
16information that shall be provided to the department under s. 153.46 (5).
SB40,813,20 17(3) Although the department may consider the revenue received by a hospital
18for services or items provided as benefits under subch. IV of chapter 49, the
19department's determination under sub. (2) shall be based on a rate not to exceed 1
20percent of the hospital's gross revenue, as adjusted by the department.
SB40,813,25 21(4) Sections 77.59 (1) to (5), (6) (intro.), (a), and (c), and (7) to (10), 77.60 (1) to
22(7), (9), and (10), 77.61 (9) and (12) to (14), and 77.62, as they apply to the taxes under
23subch. III of ch. 77, apply to the assessment under this section, except that the
24amount of any assessment collected under sub. (1) shall be deposited in the health
25care quality fund.
SB40,814,2
1(5) The department shall levy, enforce, and collect the assessment under this
2section and shall develop and distribute forms necessary for levying and collection.
SB40,814,6 3(6) An affected hospital may contest an action by the department of health and
4family services under this section by submitting a written request for a hearing to
5the division of hearings and appeals in the department of administration within 30
6days after the date of the department's action.
SB40,814,9 7(7) Any order or determination made by the division of hearings and appeals
8in the department of administration under a hearing as specified in sub. (6) is subject
9to judicial review as prescribed under ch. 227.
SB40, s. 1808 10Section 1808. 50.38 of the statutes is repealed.
SB40, s. 1809 11Section 1809. 50.49 (6m) (am) of the statutes is created to read:
SB40,814,1412 50.49 (6m) (am) An entity with which a care management organization, as
13defined in s. 46.2805 (1), contracts for care management services under s. 46.284 (4)
14(d), for purposes of providing the contracted services.
SB40, s. 1810 15Section 1810. 50.498 (1m) of the statutes is amended to read:
SB40,814,2416 50.498 (1m) If an individual who applies for a certificate of approval, license
17or provisional license under sub. (1) does not have a social security number, the
18individual, as a condition of obtaining the certificate of approval, license or
19provisional license, shall submit a statement made or subscribed under oath or
20affirmation to the department that the applicant does not have a social security
21number. The form of the statement shall be prescribed by the department of
22workforce development children and families. A certificate of approval, license or
23provisional license issued in reliance upon a false statement submitted under this
24subsection is invalid.
SB40, s. 1811 25Section 1811. 51.032 (1m) of the statutes is amended to read:
SB40,815,7
151.032 (1m) If an individual who applies for a certification or approval under
2sub. (1) does not have a social security number, the individual, as a condition of
3obtaining the certification or approval, shall submit a statement made or subscribed
4under oath or affirmation to the department that the applicant does not have a social
5security number. The form of the statement shall be prescribed by the department
6of workforce development children and families. A certification or approval issued
7in reliance upon a false statement submitted under this subsection is invalid.
SB40, s. 1812 8Section 1812. 51.038 of the statutes is amended to read:
SB40,815,16 951.038 Outpatient mental health clinic certification. Except as provided
10in s. 51.032, if a facility that provides mental health services on an outpatient basis
11holds current accreditation from the council on accreditation of services for families
12and children, the department may accept evidence of this accreditation as equivalent
13to the standards established by the department, for the purpose of certifying the
14facility for the receipt of funds for services provided as a benefit to a medical
15assistance recipient under s. 49.46 (2) (b) 6. f. or 49.471 (11) (k), a community aids
16funding recipient under s. 51.423 (2) or as mandated coverage under s. 632.89.
SB40, s. 1813 17Section 1813. 51.04 of the statutes is amended to read:
SB40,815,23 1851.04 Treatment facility certification. Except as provided in s. 51.032, any
19treatment facility may apply to the department for certification of the facility for the
20receipt of funds for services provided as a benefit to a medical assistance recipient
21under s. 49.46 (2) (b) 6. f. or 49.471 (11) (k) or to a community aids funding recipient
22under s. 51.423 (2) or provided as mandated coverage under s. 632.89. The
23department shall annually charge a fee for each certification.
SB40, s. 1814 24Section 1814. 51.15 (9) of the statutes is amended to read:
SB40,816,8
151.15 (9) Notice of rights. At the time of detention the individual shall be
2informed by the director of the facility or such person's designee, both orally and in
3writing, of his or her right to contact an attorney and a member of his or her
4immediate family, the right to have an attorney provided at public expense, as
5provided under s. 967.06 and ch. 977, if the individual is a child or is indigent, 51.60,
6and the right to remain silent and that the individual's statements may be used as
7a basis for commitment. The individual shall also be provided with a copy of the
8statement of emergency detention.
SB40, s. 1815 9Section 1815. 51.20 (3) of the statutes is amended to read:
SB40,816,1610 51.20 (3) Legal counsel. At the time of the filing of the petition the court shall
11assure that the subject individual is represented by adversary counsel . If the
12individual claims or appears to be indigent, the court shall refer the person to the
13authority for indigency determinations specified under s. 977.07 (1). If the
14individual is a child, the court shall refer that child
by referring the individual to the
15state public defender, who shall appoint counsel for the child individual without a
16determination of indigency, as provided in s. 48.23 (4) 51.60.
SB40, s. 1816 17Section 1816. 51.20 (18) (c) of the statutes is amended to read:
SB40,816,2418 51.20 (18) (c) Expenses of the proceedings from the presentation of the
19statement of emergency detention or petition for commitment to the conclusion of the
20proceeding shall be allowed by the court and paid by the county from which the
21subject individual is detained, committed, or released, in the manner that the
22expenses of a criminal prosecution are paid, as provided in s. 59.64 (1). Payment of
23attorney fees for appointed attorneys in the case of children and indigents shall be
24in accordance with ch. 977.
SB40, s. 1817 25Section 1817. 51.30 (4) (b) 27. of the statutes is amended to read:
SB40,817,3
151.30 (4) (b) 27. For the purpose of entering information concerning the subject
2individual into the statewide automated child welfare information system
3established under s. 46.03 48.47 (7g).
SB40, s. 1818 4Section 1818. 51.35 (1) (e) 1. of the statutes is amended to read:
SB40,817,135 51.35 (1) (e) 1. Whenever any transfer between different treatment facilities
6results in a greater restriction of personal freedom for the patient and whenever the
7patient is transferred from outpatient to inpatient status, the department or the
8county department specified under par. (a) shall inform the patient both orally and
9in writing of his or her right to contact an attorney and a member of his or her
10immediate family, the right to have counsel provided at public expense, as provided
11under s. 967.06 and ch. 977, if the patient is a child or is indigent 51.60, and the right
12to petition a court in the county in which the patient is located or the committing
13court for a review of the transfer.
SB40, s. 1819 14Section 1819. 51.35 (1) (e) 2. c. of the statutes is amended to read:
SB40,817,1615 51.35 (1) (e) 2. c. The patient's right to have counsel provided at public expense,
16as provided under s. 967.06 and ch. 977, if the patient is a child or is indigent 51.60.
SB40, s. 1820 17Section 1820. 51.42 (3) (as) 1. of the statutes is amended to read:
SB40,818,1818 51.42 (3) (as) 1. A county department of community programs shall authorize
19all care of any patient in a state, local, or private facility under a contractual
20agreement between the county department of community programs and the facility,
21unless the county department of community programs governs the facility. The need
22for inpatient care shall be determined by the program director or designee in
23consultation with and upon the recommendation of a licensed physician trained in
24psychiatry and employed by the county department of community programs or its
25contract agency. In cases of emergency, a facility under contract with any county

1department of community programs shall charge the county department of
2community programs having jurisdiction in the county where the patient is found.
3The county department of community programs shall reimburse the facility for the
4actual cost of all authorized care and services less applicable collections under s.
546.036, unless the department of health and family services determines that a
6charge is administratively infeasible, or unless the department of health and family
7services, after individual review, determines that the charge is not attributable to the
8cost of basic care and services. Except as provided in subd. 1m., a county department
9of community programs may not reimburse any state institution or receive credit for
10collections for care received therein in a state institution by nonresidents of this
11state, interstate compact clients, transfers under s. 51.35 (3), and transfers from
12Wisconsin state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977
13stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06 or admissions under s.
14975.17, 1977 stats., or children placed in the guardianship of the department of
15health and family services children and families under s. 48.427 or 48.43 or under
16the supervision of the department of corrections under s. 938.183 or 938.355. The
17exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which
18that are attributable to care and treatment of the client.
SB40, s. 1821 19Section 1821. 51.42 (3) (e) of the statutes is amended to read:
SB40,819,920 51.42 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78
21(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3)
22(c) and 938.78 (2) (a), any subunit of a county department of community programs
23or tribal agency acting under this section may exchange confidential information
24about a client, without the informed consent of the client, with any other subunit of
25the same county department of community programs or tribal agency, with a

1resource center, a care management organization, or a family long-term care
2district, or with any person providing services to the client under a purchase of
3services contract with the county department of community programs or tribal
4agency or with a resource center, care management organization, or family
5long-term care district, if necessary to enable an employee or service provider to
6perform his or her duties, or to enable the county department of community
7programs or tribal agency to coordinate the delivery of services to the client. Any
8agency releasing information under this paragraph shall document that a request
9was received and what information was provided.
SB40, s. 1822 10Section 1822. 51.437 (4r) (b) of the statutes is amended to read:
SB40,819,2511 51.437 (4r) (b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83,
1251.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), any
13subunit of a county department of developmental disabilities services or tribal
14agency acting under this section may exchange confidential information about a
15client, without the informed consent of the client, with any other subunit of the same
16county department of developmental disabilities services or tribal agency, with a
17resource center, a care management organization, or a family long-term care
18district, or with any person providing services to the client under a purchase of
19services contract with the county department of developmental disabilities services
20or tribal agency or with a resource center, a care management organization, or a
21family long-term care district, if necessary to enable an employee or service provider
22to perform his or her duties, or to enable the county department of developmental
23disabilities services or tribal agency to coordinate the delivery of services to the
24client. Any agency releasing information under this paragraph shall document that
25a request was received and what information was provided.
SB40, s. 1823
1Section 1823. 51.437 (4rm) (a) of the statutes is amended to read:
SB40,821,42 51.437 (4rm) (a) A county department of developmental disabilities services
3shall authorize all care of any patient in a state, local, or private facility under a
4contractual agreement between the county department of developmental disabilities
5services and the facility, unless the county department of developmental disabilities
6services governs the facility. The need for inpatient care shall be determined by the
7program director or designee in consultation with and upon the recommendation of
8a licensed physician trained in psychiatry and employed by the county department
9of developmental disabilities services or its contract agency prior to the admission
10of a patient to the facility except in the case of emergency services. In cases of
11emergency, a facility under contract with any county department of developmental
12disabilities services shall charge the county department of developmental
13disabilities services having jurisdiction in the county where the individual receiving
14care is found. The county department of developmental disabilities services shall
15reimburse the facility, except as provided under par. (c), for the actual cost of all
16authorized care and services less applicable collections under s. 46.036, unless the
17department of health and family services determines that a charge is
18administratively infeasible, or unless the department of health and family services,
19after individual review, determines that the charge is not attributable to the cost of
20basic care and services. The exclusionary provisions of s. 46.03 (18) do not apply to
21direct and indirect costs which are attributable to care and treatment of the client.
22County departments of developmental disabilities services may not reimburse any
23state institution or receive credit for collections for care received therein in a state
24institution
by nonresidents of this state, interstate compact clients, transfers under
25s. 51.35 (3) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats.,

1or s. 971.14, 971.17 or 975.06, admissions under s. 975.17, 1977 stats., children
2placed in the guardianship of the department of health and family services children
3and families
under s. 48.427 or 48.43 or juveniles under the supervision of the
4department of corrections under s. 938.183 or 938.355.
SB40, s. 1824 5Section 1824. 51.437 (14) (i) of the statutes is created to read:
SB40,821,106 51.437 (14) (i) Ensure that the matching funds requirement for the state
7developmental disabilities councils grant, as received from the federal department
8of health and human services, is met by reporting to the federal department of health
9and human services expenditures made for the provision of developmental
10disabilities services under the basic county allocation distributed under s. 46.40 (2).
SB40, s. 1825 11Section 1825. 51.44 (5) (c) of the statutes is repealed.
SB40, s. 1826 12Section 1826. 51.45 (4) (p) of the statutes is repealed.
SB40, s. 1827 13Section 1827. 51.45 (12) (b) (intro.), 1. and 3. of the statutes are consolidated,
14renumbered 51.45 (12) (b) and amended to read:
SB40,821,2115 51.45 (12) (b) The physician, spouse, guardian, or a relative of the person
16sought to be committed, or any other responsible person, may petition a circuit court
17commissioner or the circuit court of the county in which the person sought to be
18committed resides or is present for commitment under this subsection. The petition
19shall: 1. State state facts to support the need for emergency treatment; 3. Be and
20be
supported by one or more affidavits which that aver with particularity the factual
21basis for the allegations contained in the petition.
SB40, s. 1828 22Section 1828. 51.45 (12) (b) 2. of the statutes is repealed.
SB40, s. 1829 23Section 1829. 51.45 (12) (c) 2. of the statutes is amended to read:
SB40,822,424 51.45 (12) (c) 2. Assure that the person sought to be committed is represented
25by counsel and, if the person claims or appears to be indigent, refer the person to the

1authority for indigency determinations specified under s. 977.07 (1) or, if the person
2is a child, refer that child
by referring the person to the state public defender, who
3shall appoint counsel for the child person without a determination of indigency, as
4provided in s. 48.23 (4) 51.60.
SB40, s. 1830 5Section 1830. 51.45 (13) (b) 2. of the statutes is amended to read:
SB40,822,136 51.45 (13) (b) 2. Assure that the person is represented by counsel and, if the
7person claims or appears to be indigent, refer the person to the authority for
8indigency determinations specified under s. 977.07 (1) or, if the person is a child, refer
9that child
by referring the person to the state public defender, who shall appoint
10counsel for the child person without a determination of indigency, as provided in s.
1148.23 (4) 51.60. The person shall be represented by counsel at the preliminary
12hearing under par. (d). The person may, with the approval of the court, waive his or
13her right to representation by counsel at the full hearing under par. (f).
SB40, s. 1831 14Section 1831. 51.45 (13) (d) of the statutes is amended to read:
SB40,823,315 51.45 (13) (d) Whenever it is desired to involuntarily commit a person, a
16preliminary hearing shall be held under this paragraph. The purpose of the
17preliminary hearing shall be to determine if there is probable cause for believing that
18the allegations of the petition under par. (a) are true. The court shall assure that the
19person shall be is represented by counsel at the preliminary hearing and, if the
20person is a child or is indigent,
by referring the person to the state public defender,
21who shall appoint
counsel shall timely be appointed at public expense, as provided
22in s. 967.06 and ch. 977
for the person without a determination of indigency, as
23provided in s. 51.60
. Counsel shall have access to all reports and records, psychiatric
24and otherwise, which have been made prior to the preliminary hearing. The person
25shall be present at the preliminary hearing and shall be afforded a meaningful

1opportunity to be heard. Upon failure to make a finding of probable cause under this
2paragraph, the court shall dismiss the petition and discharge the person from the
3custody of the county department.
SB40, s. 1832 4Section 1832. 51.45 (13) (j) of the statutes is amended to read:
SB40,823,135 51.45 (13) (j) Upon the filing of a petition for recommitment under par. (h), the
6court shall fix a date for a recommitment hearing within 10 days, and assure that the
7person sought to be recommitted is represented by counsel and, if the person is
8indigent, appoint
by referring the person to the state public defender, who shall
9appoint
counsel for him or her, unless waived for the person without a determination
10of indigency, as provided in s. 51.60
. The provisions of par. (e) relating to notice and
11to access to records, names of witnesses, and summaries of their testimony shall
12apply to recommitment hearings under this paragraph. At the recommitment
13hearing, the court shall proceed as provided under pars. (f) and (g).
SB40, s. 1833 14Section 1833. 51.45 (16) (c) of the statutes is repealed.
SB40, s. 1834 15Section 1834. 51.60 of the statutes is created to read:
SB40,823,20 1651.60 Appointment of counsel. (1) Adults. (a) In any situation under this
17chapter in which an adult individual has a right to be represented by counsel, the
18individual shall be referred as soon as practicable to the state public defender, who
19shall appoint counsel for the individual under s. 977.08 without a determination of
20indigency.
SB40,823,2221 (b) Except as provided in s. 51.45 (13) (b) 2., par. (a) does not apply if the
22individual knowingly and voluntarily waives counsel.
SB40,823,25 23(2) Minors. In any situation under this chapter in which a minor has a right
24to be represented by counsel, counsel for the minor shall be appointed as provided
25in s. 48.23 (4).
SB40,824,3
1(3) Retained counsel. Notwithstanding subs. (1) and (2), an individual subject
2to proceedings under this chapter is entitled to retain counsel of his or her own
3choosing at his or her own expense.
SB40, s. 1835 4Section 1835. 51.605 of the statutes is created to read:
SB40,824,14 551.605 Reimbursement for counsel provided by the state. (1) Inquiry.
6At or after the conclusion of a proceeding under this chapter in which the state public
7defender has provided counsel for an adult individual, the court may inquire as to
8the individual's ability to reimburse the state for all or part of the cost of
9representation. If the court determines that the individual is able to make
10reimbursement for all or part of the cost of representation, the court may order the
11individual to reimburse the state an amount not to exceed the maximum amount
12established by the public defender board under s. 977.075 (4). Upon the court's
13request, the state public defender shall conduct a determination of indigency under
14s. 977.07 and report the results of the determination to the court.
SB40,824,21 15(2) Payment. Reimbursement ordered under this section shall be made to the
16clerk of courts of the county where the proceedings took place. The clerk of courts
17shall transmit payments under this section to the county treasurer, who shall deposit
1825 percent of the payment amount in the county treasury and transmit the
19remainder to the secretary of administration. Payments transmitted to the
20secretary of administration shall be deposited in the general fund and credited to the
21appropriation account under s. 20.550 (1) (L).
SB40,824,25 22(3) Report. By January 31st of each year, the clerk of courts for each county
23shall report to the state public defender the total amount of reimbursements ordered
24under sub. (1) in the previous calendar year and the total amount of reimbursements
25paid to the clerk under sub. (2) in the previous year.
SB40, s. 1836
1Section 1836. 55.10 (4) (a) of the statutes is amended to read:
SB40,825,202 55.10 (4) (a) Counsel; costs . The individual sought to be protected has the right
3to counsel whether or not the individual is present at the hearing on the petition.
4The court shall require representation by full legal counsel whenever the petition
5alleges that the individual is not competent to refuse psychotropic medication under
6s. 55.14, the individual sought to be protected requested such representation at least
772 hours before the hearing, the guardian ad litem or any other person states that
8the individual sought to be protected is opposed to the petition, or the court
9determines that the interests of justice require it. If the individual sought to be
10protected or any other person on his or her behalf requests but is unable to obtain
11legal counsel, the court shall appoint refer the individual to the state public defender
12as provided under s. 55.105 for appointment of
legal counsel. Counsel shall be
13provided at public expense, as provided under s. 967.06 and ch. 977, if the individual
14is indigent. If the individual sought to be protected is an adult who is indigent, and
15if counsel was not appointed under s. 977.08, the county in which the hearing is held
16is liable for any fees due the individual's legal counsel.
If the individual sought to
17be protected is represented by counsel appointed under s. 977.08 in a proceeding for
18the appointment of a guardian under s. 880.33 ch. 54, the court shall order the
19counsel appointed under s. 977.08 to represent under this section the individual
20sought to be protected.
SB40, s. 1837 21Section 1837. 55.105 of the statutes is created to read:
SB40,826,2 2255.105 Appointment of counsel. (1) In any situation under this chapter in
23which an adult individual has a right to be represented by legal counsel, the
24individual shall be referred as soon as practicable to the state public defender, who

1shall appoint counsel for the individual under s. 977.08 without a determination of
2indigency.
SB40,826,5 3(2) In any situation under this chapter in which a minor has a right to be
4represented by legal counsel, legal counsel for the minor shall be appointed as
5provided in s. 48.23 (4).
SB40,826,8 6(3) Notwithstanding subs. (1) and (2), an individual subject to proceedings
7under this chapter is entitled to retain counsel of his or her own choosing at his or
8her own expense.
SB40, s. 1838 9Section 1838. 55.107 of the statutes is created to read:
SB40,826,19 1055.107 Reimbursement of counsel provided by the state. (1) At or after
11the conclusion of a proceeding under this chapter in which the state public defender
12has provided legal counsel for an adult individual, the court may inquire as to the
13individual's ability to reimburse the state for all or part of the cost of representation.
14If the court determines that the individual is able to make reimbursement for all or
15part of the cost of representation, the court may order the individual to reimburse
16the state an amount not to exceed the maximum amount established by the public
17defender board under s. 977.075 (4). Upon the court's request, the state public
18defender shall conduct a determination of indigency under s. 977.07 and report the
19results of the determination to the court.
SB40,827,2 20(2) Reimbursement ordered under this section shall be made to the clerk of
21courts of the county where the proceedings took place. The clerk of courts shall
22transmit payments under this section to the county treasurer, who shall deposit 25
23percent of the payment amount in the county treasury and transmit the remainder
24to the secretary of administration. Payments transmitted to the secretary of

1administration shall be deposited in the general fund and credited to the
2appropriation account under s. 20.550 (1) (L).
SB40,827,6 3(3) By January 31st of each year, the clerk of courts for each county shall report
4to the state public defender the total amount of reimbursements ordered under sub.
5(1) in the previous calendar year and the total amount of reimbursements paid to the
6clerk under sub. (2) in the previous year.
SB40, s. 1839 7Section 1839. 55.135 (1) of the statutes is amended to read:
SB40,828,48 55.135 (1) If, upon a credible report to or, from personal observation of, or a
9reliable report made by a person who identifies himself or herself to, a sheriff, police
10officer, fire fighter, guardian, if any, or authorized representative of a county
11department or an agency with which it contracts under s. 55.02 (2), it appears
12probable that an individual is so totally incapable of providing for his or her own care
13or custody as to create a substantial risk of serious physical harm to himself or herself
14or others as a result of developmental disabilities, degenerative brain disorder,
15serious and persistent mental illness, or other like incapacities if not immediately
16placed, the individual under this paragraph who received the credible report or who
17personally made the observation or to whom the report is made may take into custody
18and transport the individual to an appropriate medical or protective placement
19facility. The person making emergency protective placement shall prepare a
20statement at the time of detention providing specific factual information concerning
21the person's observations or reports made to the person and the basis for emergency
22placement. The statement shall be filed with the director of the facility and with any
23petition under s. 55.075. At the time of emergency protective placement the
24individual shall be informed by the director of the facility or the director's designee,
25orally and in writing, of his or her right to contact an attorney and a member of his

1or her immediate family and the right to have an attorney provided at public
2expense, as provided under s. 967.06 and ch. 977, if the individual is a minor or is
3indigent
s. 55.105. The director or designee shall also provide the individual with
4a copy of the statement by the person making emergency protective placement.
SB40, s. 1840 5Section 1840. 55.14 (7) of the statutes is amended to read:
SB40,828,96 55.14 (7) Upon the filing of a petition under this section, the court shall appoint
7make a referral for appointment of legal counsel as provided under s. 55.105. A
8petition under this section shall be heard under s. 55.10 (4) (a) s. 55.06 within 30 days
9after it is filed.
SB40, s. 1841 10Section 1841. 55.15 (7) (cm) of the statutes is amended to read:
SB40,828,1411 55.15 (7) (cm) The court shall appoint counsel for refer the individual under
12protective placement for appointment of legal counsel as provided under s. 55.105 if
13the individual, the individual's guardian ad litem, or anyone on the individual's
14behalf requests that counsel be appointed for the individual,.
SB40, s. 1842 15Section 1842. 55.18 (3) (c) (intro.) of the statutes is amended to read:
SB40,828,1916 55.18 (3) (c) (intro.) The court shall order legal counsel for refer an individual
17and, if the individual appears to be indigent, refer him or her to the authority for
18indigency determinations under s. 977.07 (1)
for appointment of legal counsel under
19s. 55.105
if any of the following apply:
SB40, s. 1843 20Section 1843. 55.19 (3) (c) (intro.) of the statutes is amended to read:
SB40,828,2421 55.19 (3) (c) (intro.) The court shall order legal counsel for refer an individual
22and, if the individual appears to be indigent, refer him or her to the authority for
23indigency determinations under s. 977.07 (1)
for appointment of legal counsel under
24s. 55.105
if any of the following apply:
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