SB577: Bill Text

SB577,19,19 55.15 (1) Transfers authorized. An individual under a protective placement order may be transferred between protective placement units, between protective placement facilities, from an unlocked unit to a locked unit, or from a protective placement unit to a medical facility. The individual may not be transferred, under the protective placement order, to any an inpatient facility for which commitment procedures are required under ch. 51, as defined in s. 51.01 (10).

SB577, s. 47 Section 47. 55.15 (2) of the statutes is renumbered 55.15 (2) (intro.) and amended to read:

SB577,20,3 55.15 (2) Who may transfer. (intro.) A guardian, a county department or agency with which it contracts under s. 55.02 (2) that provided protective placement to the individual pursuant to the order of the court, the department, or a protective placement facility Any of the following persons 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.:

SB577, s. 48 Section 48 . 55.15 (2) (a), (b), (c), (d) and (e) of the statutes are created to read:

SB577,20,5 55.15 (2) (a) The guardian of the individual.

SB577,20,7 (b) A county department or agency designated under s. 55.02 (2) that provided protective placement to the individual under order of the court.

SB577,20,8 (c) The department.

SB577,20,9 (d) A protective placement facility.

SB577,20,11 (e) If the individual is eligible for a family care benefit under s. 46.286, the care management organization under s. 46.284 in which the individual is enrolled.

SB577, s. 49 Section 49. 55.15 (3) of the statutes is amended to read:

SB577,20,16 55.15 (3) Consent of guardian required. No individual may be transferred under this section without the written consent of the individual's guardian of the person, except in the case of an emergency transfer under sub. (5) (b) or as ordered under sub. (9).

SB577, s. 50 Section 50. 55.15 (7) (b) of the statutes is amended to read:

SB577,20,22 55.15 (7) (b) The court shall notify the petitioner, the individual under protective placement, the individual's guardian of the person, the individual's attorney, if any, and the county department, and, if the individual is eligible for a family care benefit under s. 46.286, the care management organization under s. 46.284 in which the individual is enrolled of the time and place of the hearing.

SB577, s. 51 Section 51. 55.15 (7) (c) of the statutes is amended to read:

SB577,21,6 55.15 (7) (c) A guardian ad litem shall be appointed to represent for the individual under protective placement at the hearing. In addition to the duties specified in s. 54.40 (3) and (4), the guardian ad litem shall meet with the individual and advise the court whether the individual meets the standard for transfer under sub. (8). If the individual is an adult who is indigent, the county in which the hearing is held shall be liable for guardian ad litem fees. If the individual is a minor, the individual's parents or the county in which the hearing is held shall be liable for guardian ad litem fees as provided in s. 48.235 (8).

SB577, s. 52 Section 52. 55.15 (7) (d) of the statutes is renumbered 55.15 (7) (d) (intro.) and amended to read:

SB577,21,12 55.15 (7) (d) (intro.) The petitioner, individual under protective placement, the individual's guardian, the individual's guardian ad litem, and the individual's attorney, if any, following persons have the right to attend the hearing and to present and cross-examine witnesses.:

SB577, s. 53 Section 53. 55.15 (7) (d) 1., 2., 3., 4., 5. and 6. of the statutes are created to read:

SB577,21,14 55.15 (7) (d) 1. The petitioner.

SB577,21,15 2. The individual under protective placement.

SB577,21,16 3. The guardian of the individual under protective placement.

SB577,21,17 4. The guardian ad litem of the individual under protective placement.

SB577,21,18 5. The attorney of the individual under protective placement.

SB577,21,21 6. If the individual under protective placement is eligible for a family care benefit under s. 46.286, the care management organization under s. 46.284 in which the individual is enrolled.

SB577, s. 54 Section 54. 55.15 (8) (b) of the statutes is amended to read:

SB577,22,2 55.15 (8) (b) Whether the protective placement is in the least restrictive environment consistent with the requirements of s. 55.12 (3), (4), and (5) or, if the transfer is to an intermediate facility or nursing facility, is in the most integrated setting, as defined in s. 46.279 (1) (bm).

SB577, s. 55 Section 55. 55.16 (2) (a) of the statutes is amended to read:

SB577,22,12 55.16 (2) (a) Filing; services. Subject to par. (d), an individual under protective placement or receiving protective services, the individual's guardian, the individual's legal counsel or guardian ad litem, if any, the department, the county department that placed the individual or provided the protective services under an order of the court, an agency with which the county department contracts designated under s. 55.02 (2), or any interested person may file a petition at any time for modification of an order for protective services or protective placement. The petition shall be served on the individual, the individual's guardian, the individual's legal counsel and guardian ad litem, if any, and the county department.

SB577, s. 56 Section 56. 55.16 (4) (a) and (b) of the statutes are amended to read:

SB577,22,18 55.16 (4) (a) If the court finds that the individual continues to meet the standards under s. 55.08 (1) and the individual's protective placement is in the least restrictive environment that is consistent with the requirements of s. 55.12 (3), (4), and (5), and (6), the court shall order continuation of the protective placement in the facility in which the individual resides at the time of the hearing.

SB577,23,8 (b) If the court finds that the individual continues to meet the standards under s. 55.08 (1) and the protective placement of the individual is not in the least restrictive environment that is consistent with the requirements of s. 55.12 (3), (4), and (5), and (6), the court shall order transfer of the individual to a protective placement that is in the least restrictive environment consistent with the requirements of s. 55.12 (3), (4), and (5), and (6). In lieu of ordering transfer of the individual to a specific facility, the court may order the county department of the individual's residence or, if the individual is eligible for a family care benefit under s. 46.286, the care management organization under s. 46.284 in which the individual is enrolled to develop or recommend a protective placement that is in the least restrictive environment consistent with the requirements of s. 55.12 (3), (4), and (5), and (6), and arrange for the individual's transfer to that protective placement within 60 days after the court's order. The court may extend this time period to permit development of a protective placement. The court may order protective services along with transfer of protective placement.

SB577, s. 57 Section 57 . 55.17 (1) of the statutes is amended to read:

SB577,23,20 55.17 (1) Petition. An individual, the individual's guardian or guardian ad litem, the department, a county department or agency with which it contracts designated under s. 55.02 (2), or any other interested person may file a petition at any time for termination of an order for protective placement or protective services. The petition shall be served on the individual; the individual's guardian; the individual's attorney and guardian ad litem, if any; and the county department; and, if the individual is receiving a family care benefit under s. 46.286, the care management organization under s. 46.284 in which the individual is enrolled. The petition shall allege that the individual no longer meets the standards under s. 55.08 (1) for court-ordered protective placement or under s. 55.08 (2) for court-ordered protective services.

SB577, s. 58 Section 58 . 55.17 (1m) of the statutes is created to read:

SB577,23,24 55.17 (1m) Duties of guardian ad litem. When a guardian ad litem files a petition under sub. (1) or when a guardian ad litem receives notice of a petition filed under sub. (1), the guardian ad litem shall do all of the following:

SB577,24,2 (a) Interview the ward to explain to the ward the procedure under this section and the rights of the ward under s. 55.10 (4).

SB577,24,3 (b) Provide the information under par. (a) to the ward in writing.

SB577,24,5 (c) If necessary, request that the court order an additional medical, psychological, or other evaluation of the ward.

SB577,24,7 (d) Review the annual report and relevant reports on the ward's condition and protective services.

SB577,24,9 (e) Review the ward's condition, protective services, and rights with the guardian.

SB577,24,13 (f) If relevant or if there is ambiguity about the ward's position on these matters, report to the court the present or proposed protective services, the position of the guardian, or the recommendation of the guardian ad litem as to the best interests of the ward.

SB577,24,21 (g) Provide a summary written report to the court, including a recommendation on whether the protective placement order should be terminated or whether the individual should be placed in another facility with adequate support services that places fewer restrictions on the individual's personal freedom, is closer to the individual's home community, or more adequately meets the individual's needs, including any recommendation that is made during the reporting period by the county department with respect to termination of the protective placement or placement of the individual in another facility.

SB577,24,23 (h) If relevant, report to the court that the ward requests the appointment of counsel.

SB577,24,24 (i) Attend the hearing under sub. (2).

SB577, s. 59 Section 59. 55.17 (3) (c) 2. of the statutes is amended to read:

SB577,25,8 55.17 (3) (c) 2. If the court determines that the individual does not meet the standards for protective services under s. 55.08 (2), and the individual is being transferred or discharged from his or her current residential facility, the county department or, if the individual is receiving a family care benefit under s. 46.286, the care management organization under s. 46.284 in which the individual is enrolled shall assist the residential facility with discharge planning for the individual, including planning for a proper residential living arrangement and the necessary support services for the individual.

SB577, s. 60 Section 60. 55.17 (3) (c) 3. of the statutes is amended to read:

SB577,25,17 55.17 (3) (c) 3. Any Unless the court allows a greater period of continued residence, any individual whose protective placement is terminated under this paragraph may reside in his or her current protective placement facility for up to 60 days after a determination under subd. 1. or 2. in order to arrange for an alternative living arrangement. If the protective placement facility has fewer than 16 beds, the individual may remain in the protective placement facility as long as the requirements of s. 55.055 are met. Admission by the individual, if an adult, to another residential facility shall be made under s. 55.055.

SB577, s. 61 Section 61. 55.175 of the statutes is repealed.

SB577, s. 62 Section 62. 55.18 (1) (a) 1. h. of the statutes is created to read:

SB577,25,22 55.18 (1) (a) 1. h. If the individual is receiving a family care benefit under s. 46.286, information from the care management organization under s. 46.284 in which the individual is enrolled.

SB577, s. 63 Section 63. 55.18 (1) (a) 3. of the statutes is amended to read:

SB577,26,3 55.18 (1) (a) 3. Provide the report under subd. 1. to the individual and the guardian of the individual, and to the individual's agent under an activated power of attorney for health care, if any, and, if the individual is receiving a family care benefit under s. 46.286, to the care management organization under s. 46.284 in which the individual is enrolled.

SB577, s. 64 Section 64. 55.18 (1) (ar) of the statutes is amended to read:

SB577,26,20 55.18 (1) (ar) If the individual has a developmental disability and is protectively placed in an intermediate facility or a nursing facility, the agency that is responsible for the protective placement shall notify in writing the county department of the county of residence of the individual that is participating in the program under s. 46.278 or, if s. 46.279 (4m) applies to the individual, the department, at least 120 days before the review. The county department so notified or, if s. 46.279 (4m) applies, the department's contractor, shall develop a plan under s. 46.279 (4), consulting with the care management organization under s. 46.284 in which the individual is enrolled if the individual is receiving a family care benefit under s. 46.286, and furnish the plan to the court that ordered the protective placement and to the individual's guardian. The court shall order that the individual be transferred to the noninstitutional community setting in accordance with the plan unless the court finds that protective placement in the intermediate facility or nursing facility is the most integrated setting, as defined in s. 46.279 (1) (bm), that is appropriate to the needs of the individual taking into account information presented by all affected parties.

SB577, s. 65 Section 65. 55.18 (1) (c) of the statutes is amended to read:

SB577,26,25 55.18 (1) (c) The review under par. (a) may not be conducted by a person who is an employee of the facility in which the individual resides or, if the individual is receiving a family care benefit under s. 46.286, by the care management organization under s. 46.284 in which the individual is enrolled.

SB577, s. 66 Section 66. 55.18 (2) (f) (intro.) of the statutes is amended to read:

SB577,27,9 55.18 (2) (f) (intro.) Within 30 days after appointment, file with the court a written report based on information obtained under this subsection and any other evaluations or records of the individual. The report shall discuss whether the individual appears to continue to meet the standards for protective placement under s. 55.08 (1) and; whether the protective placement is in the least restrictive environment that is consistent with the individual's needs; and, if the individual has a developmental disability, whether the placement meets the requirements of s. 46.279. The report shall also state whether any of the following apply:

SB577, s. 67 Section 67. 55.18 (3) (e) 1m. of the statutes is created to read:

SB577,27,17 55.18 (3) (e) 1m. If the individual has a developmental disability and is in an intermediate facility or nursing facility, the court shall order the individual to be transferred to the noninstitutional community setting in accordance with the plan developed under sub. (1) (ar) unless the court finds that protective placement in the intermediate facility or nursing facility is the most integrated setting that is appropriate to the needs of the individual taking into account information presented by all affected parties.

SB577, s. 68 Section 68. 55.18 (3) (e) 2. of the statutes is amended to read:

SB577,28,10 55.18 (3) (e) 2. If the court finds that the individual continues to meet the standards under s. 55.08 (1) and the protective placement of the individual is not in the least restrictive environment that is consistent with the requirements of s. 55.12 (3), (4), and (5), the court shall order transfer of the individual to a protective placement that is in the least restrictive environment consistent with the requirements of s. 55.12 (3), (4), and (5). In lieu of ordering transfer of the individual to a specific facility, the court may order the county department of residence or, if the individual is receiving a family care benefit under s. 46.286, the care management organization under s. 46.284 in which the individual is enrolled, or both to develop or recommend a protective placement that is in the least restrictive environment consistent with the requirements of s. 55.12 (3), (4), and (5) and arrange for the individual's transfer to that protective placement within 60 days after the court's order. The court may extend this period to permit development of a protective placement. The court may order protective services as well as a transfer of protective placement. The court shall include in the order the information relied upon as a basis for the order and shall make findings based on the standards under s. 55.08 (1) in support of the need for continued protective placement.

SB577, s. 69 Section 69. 55.18 (3) (f) 5. of the statutes is created to read:

SB577,28,14 55.18 (3) (f) 5. If the individual is receiving a family care benefit under s. 46.286, the care management organization under s. 46.284 in which the individual is enrolled.

SB577, s. 70 Section 70 . 55.195 of the statutes is renumbered 55.16 (2m), and 55.16 (2m) (intro.), (a), (b), (g) and (i), as renumbered, are amended to read:

SB577,28,20 55.16 (2m) 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 Upon receipt of notice under sub. (2) (a), the guardian ad litem shall do all of the following:

SB577,28,23 (a) Interview the ward to explain the review procedure , under this section and the right to an independent evaluation, the right to counsel, and the right to a hearing ward's rights under s. 55.10 (4).

SB577,28,24 (b) Provide the information under sub. (1) par. (a) to the ward in writing.

SB577,29,8 (g) Provide a summary written report to the court, including a recommendation on whether the protective placement order should be terminated or whether the individual should be placed in another facility with adequate support services that places fewer restrictions on the individual's personal freedom, is closer to the individual's home community, or more adequately meets in the individual's needs, including any recommendation that is made during the reporting period by the county department with respect to termination of the protective placement or placement of the individual in another facility.

SB577,29,9 (i) Attend the hearing under sub. (3).

SB577,29,10 (End)