SB577, s. 29 7Section 29. 55.11 (4) of the statutes is amended to read:
SB577,12,118 55.11 (4) Where applicable by reason of the particular disability, the county
9department or an agency with which it contracts designated under s. 55.02 (2) that
10has responsibility where the individual has legal residence shall make a
11recommendation for protective placement or protective services.
SB577, s. 30 12Section 30 . 55.12 (1) of the statutes is amended to read:
SB577,12,1813 55.12 (1) When Subject to sub. (11), when ordering protective placement under
14the standards specified in s. 55.08 (1) or protective services under the standards
15specified in s. 55.08 (2), the court, on the basis of the evaluation and other relevant
16evidence, shall order the county department or agency with which it contracts
17designated under s. 55.02 (2) to provide protective placement or protective services
18to the individual.
SB577, s. 31 19Section 31. 55.12 (2) of the statutes is amended to read:
SB577,13,620 55.12 (2) Subject to s. 46.279, protective placement may be made to nursing
21homes, public medical institutions, centers for the developmentally disabled under
22the requirements of s. 51.06 (3), foster care services or other home placements, or to
23other appropriate facilities, but may not be made to units for the acutely mentally
24ill. An individual who is subject to an order for protective placement or protective
25services may be detained on an emergency basis under s. 51.15 or involuntarily

1committed under s. 51.20 or may be voluntarily admitted to a treatment facility for
2inpatient care under s. 51.10 (8). No individual who is subject to an order for
3protective placement or services may be involuntarily transferred to, detained in, or
4committed to a treatment facility an inpatient facility, as defined in s. 51.01 (10), for
5care except under s. 51.15 or, 51.20 , or 51.45 (13). Protective placement in a locked
6unit shall require a specific finding of the court as to the need for the action.
SB577, s. 32 7Section 32. 55.12 (3) of the statutes is amended to read:
SB577,13,128 55.12 (3) Protective placement or protective services provided by a county
9department or an agency with which it contracts designated under s. 55.02 (2) are
10subject to s. 46.279 and shall be provided in the least restrictive environment and in
11the least restrictive manner consistent with the needs of the individual to be
12protected and with the resources of the county department.
SB577, s. 33 13Section 33. 55.12 (4) of the statutes is renumbered 55.12 (4) (intro.) and
14amended to read:
SB577,13,1715 55.12 (4) (intro.) Factors that a A county department or an agency designated
16under s. 55.02 (2)
shall consider in, when providing protective placement or
17protective services shall include, consider the following factors:
SB577,13,19 18(a) The needs of the individual to be protected for health, social, or
19rehabilitative services; the.
SB577,13,20 20(b) The level of supervision needed; the.
SB577,13,22 21(c) The reasonableness of the placement or services given the cost and the
22actual benefits in the level of functioning to be realized by the individual; the.
SB577,13,24 23(d) The limits of available state and federal funds and of county funds required
24to be appropriated to match state funds; and the.
SB577,14,3
1(e) The reasonableness of the protective placement or protective services given
2the number or projected number of individuals who will need protective placement
3or protective services and given the limited funds available.
SB577, s. 34 4Section 34. 55.12 (5) of the statutes is amended to read:
SB577,14,95 55.12 (5) Except as provided in s. 49.45 (30m), the county may not be required
6to provide funding, in addition to its funds that are required to be appropriated to
7match state funds, in order to provide protective placement or protective services to
8an individual. Protective placement under this section does not replace commitment
9of an individual in need of acute psychiatric treatment under s. 51.20 or 51.45 (13).
SB577, s. 35 10Section 35. 55.12 (6) of the statutes is amended to read:
SB577,14,2211 55.12 (6) If the county department or agency with which it contracts designated
12under s. 55.02 (2) proposes to provide protective placement to an individual who has
13a developmental disability in an intermediate facility or a nursing facility under an
14order under this section, the county department or agency, or, if s. 46.279 (4m) applies
15to the individual, the department or the department's contractor shall develop a plan
16under s. 46.279 (4) and furnish the plan to the county department or agency and to
17the individual's guardian. The county department or agency with which it contracts
18designated under s. 55.02 (2) shall provide protective placement to the individual in
19a noninstitutional community setting in accord with the plan unless the court finds
20that protective placement in the intermediate facility or nursing facility is the most
21integrated setting, as defined in s. 46.279 (1) (bm), that is appropriate to the needs
22of the individual, taking into account information presented by all affected parties.
SB577, s. 36 23Section 36. 55.12 (11) of the statutes is created to read:
SB577,15,824 55.12 (11) If the individual subject to a protective placement or protective
25services order receives the family care benefit under s. 46.286, or a benefit under

1another managed long-term care program that is funded by the Medical Assistance
2program, the aging and disability resource center and care management
3organization responsible for administering or providing benefits or services to the
4individual under the family care program, or the organization responsible for
5administering or providing benefits or services to the individual under the managed
6long-term care program, shall comply with all court orders to ensure that the
7individual is placed in the least restrictive environment and receives services in the
8least restrictive manner consistent with the individual's needs.
SB577, s. 37 9Section 37. 55.13 (1) of the statutes is amended to read:
SB577,15,1510 55.13 (1) Emergency protective services may be provided for not more than 72
11hours
without the consent of the individual when there is reason to believe that, if
12the emergency protective services are not provided, the individual entitled to the
13services or others will incur a substantial risk of serious physical harm. Emergency
14protective services may be provided initially for not more than 72 hours unless a
15preliminary hearing is scheduled on a petition filed under sub. (2).
SB577, s. 38 16Section 38. 55.13 (2) of the statutes is amended to read:
SB577,16,317 55.13 (2) If the county department or agency with which the county
18department contracts
designated under s. 55.02 (2) that is providing emergency
19protective services to an individual under sub. (1) has reason to believe that the
20individual meets the criteria for protective services under s. 55.08 (2), the county
21department or agency may file a petition under s. 55.075. If a petition is filed, a
22preliminary hearing shall be held within 72 hours, excluding Saturdays, Sundays,
23and legal holidays, to establish probable cause that the criteria under s. 55.08 (2) are
24present. The county department or agency shall provide the individual with written
25notice and orally inform the individual of the time and place of the preliminary

1hearing. If the individual is not under guardianship, a petition for guardianship
2shall accompany the petition under s. 55.08 (2), except in the case of a minor who is
3alleged to have a developmental disability.
SB577, s. 39 4Section 39. 55.13 (6) of the statutes is created to read:
SB577,16,65 55.13 (6) A person is not liable for any actions performed in good faith in
6accordance with this section.
SB577, s. 40 7Section 40. 55.135 (1) of the statutes is amended to read:
SB577,17,38 55.135 (1) If, from personal observation of, or a reliable report made by a person
9who identifies himself or herself to, a sheriff, police officer, fire fighter, guardian, if
10any, or authorized representative of a county department or an agency with which
11it contracts
designated under s. 55.02 (2), it appears probable that an individual is
12so totally incapable of providing for his or her own care or custody as to create a
13substantial risk of serious physical harm to himself or herself or others as a result
14of developmental disability, degenerative brain disorder, serious and persistent
15mental illness, or other like incapacities if not immediately placed, the individual
16who personally made the observation or to whom the report is made may take into
17custody and transport the individual to an appropriate medical or protective
18placement facility. The person making emergency protective placement shall
19prepare a statement at the time of detention providing specific factual information
20concerning the person's observations or reports made to the person and the basis for
21emergency placement. The statement shall be filed with the director of the facility
22and with any petition under s. 55.075. At the time of emergency protective placement
23the individual shall be informed by the director of the facility or the director's
24designee, orally and in writing, of his or her right to contact an attorney and a
25member of his or her immediate family and the right to have an attorney provided

1at public expense, as provided under s. 55.105. The director or designee shall also
2provide the individual with a copy of the statement by the person making emergency
3protective placement.
SB577, s. 41 4Section 41. 55.135 (4) of the statutes is amended to read:
SB577,17,165 55.135 (4) When an individual is detained under this section, a petition shall
6be filed under s. 55.075 by the person making the emergency protective placement
7and a preliminary hearing shall be held within 72 hours of detention, excluding
8Saturdays, Sundays and legal holidays, to establish probable cause to believe the
9grounds for protective placement under s. 55.08 (1). The sheriff or other person
10making emergency protective placement under sub. (1) shall provide the individual
11with written notice and orally inform him or her of the time and place of the
12preliminary hearing. If the detainee is not under guardianship, a petition for
13guardianship shall accompany the protective placement petition, except in the case
14of a minor who is alleged to have a developmental disability. In the event that
15protective placement is not appropriate, the court may elect to treat a petition for
16protective placement as a petition for commitment under s. 51.20 or 51.45 (13).
SB577, s. 42 17Section 42. 55.135 (6) of the statutes is amended to read:
SB577,17,2418 55.135 (6) A law enforcement agency, fire department, or county department
19or agency with which it contracts designated under s. 55.02 (2) shall designate at
20least one employee authorized to take an individual into custody under this section
21who shall attend the in-service training on emergency detention and emergency
22protective placement offered by a county department of community programs under
23s. 51.42 (3) (ar) 4. d., if the county department of community programs serving the
24designated employee's jurisdiction offers an in-service training program.
SB577, s. 43 25Section 43. 55.14 (8) (a) of the statutes is amended to read:
SB577,18,12
155.14 (8) (a) Direct the development of a treatment plan for the individual
2specifying the protective services, including psychotropic medication as ordered by
3the treating physician, that the individual should receive. If the individual resides
4in a nursing home or hospital, the nursing home or hospital shall develop the
5treatment plan. If the individual resides elsewhere, the county department or an
6agency with which it contracts designated under s. 55.02 (2) shall develop the
7treatment plan. The treatment plan shall include a plan for the involuntary
8administration of psychotropic medication to the individual. The treatment plan is
9subject to the approval of the guardian and to review and approval by the court. If
10the court approves the plan, the court shall order the county department or an agency
11with which it contracts under s. 55.02 (2) to ensure that psychotropic medication is
12administered in accordance with the treatment plan.
SB577, s. 44 13Section 44. 55.14 (9) of the statutes is amended to read:
SB577,19,714 55.14 (9) If an individual who is subject to an order under this section is not
15in compliance with the order because he or she refuses to take psychotropic
16medication as ordered under the treatment plan, and it is necessary for the
17individual to be transported to an appropriate facility for forcible restraint for
18administration of psychotropic medication, the corporation counsel may file with the
19court a statement of the facts that constitute the basis of the noncompliance of the
20individual. The statement shall be sworn to be true and shall be based upon the
21information and belief of the person filing the statement. The statement shall be
22signed by the individual's guardian and by the director or designee of the county
23department or an agency with which it contracts designated under s. 55.02 (2) to
24develop and administer the treatment plan. Upon receipt of the statement of
25noncompliance, if the court finds by clear and convincing evidence that the

1individual has substantially failed to comply with the administration of psychotropic
2medication as ordered under the treatment plan, the court may issue an order
3authorizing the sheriff or any other law enforcement agency in the county in which
4the individual is found or in which it is believed that the individual may be present
5to take the individual into custody and transport him or her to an appropriate facility
6for administration of psychotropic medication using forcible restraint, with consent
7of the guardian.
SB577, s. 45 8Section 45. 55.14 (11) of the statutes is amended to read:
SB577,19,129 55.14 (11) The county department or an agency with which it contracts
10designated under s. 55.02 (2) shall provide to the department a copy of any order
11issued under this section that applies to any protectively placed individual in the
12county.
SB577, s. 46 13Section 46. 55.15 (1) of the statutes is amended to read:
SB577,19,1914 55.15 (1) Transfers authorized. An individual under a protective placement
15order may be transferred between protective placement units, between protective
16placement facilities, from an unlocked unit to a locked unit, or from a protective
17placement unit to a medical facility. The individual may not be transferred, under
18the protective placement order, to any an inpatient facility for which commitment
19procedures are required under ch. 51
, as defined in s. 51.01 (10).
SB577, s. 47 20Section 47. 55.15 (2) of the statutes is renumbered 55.15 (2) (intro.) and
21amended to read:
SB577,20,322 55.15 (2) Who may transfer. (intro.) A guardian, a county department or
23agency with which it contracts under s. 55.02 (2) that provided protective placement
24to the individual pursuant to the order of the court, the department, or a protective
25placement facility
Any of the following persons may transfer an individual under a

1protective placement order under the requirements of this section, notwithstanding
2the fact that a court order has named a specific facility for the protective placement
3of the individual.:
SB577, s. 48 4Section 48 . 55.15 (2) (a), (b), (c), (d) and (e) of the statutes are created to read:
SB577,20,55 55.15 (2) (a) The guardian of the individual.
SB577,20,76 (b) A county department or agency designated under s. 55.02 (2) that provided
7protective placement to the individual under order of the court.
SB577,20,88 (c) The department.
SB577,20,99 (d) A protective placement facility.
SB577,20,1110 (e) If the individual is eligible for a family care benefit under s. 46.286, the care
11management organization under s. 46.284 in which the individual is enrolled.
SB577, s. 49 12Section 49. 55.15 (3) of the statutes is amended to read:
SB577,20,1613 55.15 (3) Consent of guardian required. No individual may be transferred
14under this section without the written consent of the individual's guardian of the
15person
, except in the case of an emergency transfer under sub. (5) (b) or as ordered
16under sub. (9)
.
SB577, s. 50 17Section 50. 55.15 (7) (b) of the statutes is amended to read:
SB577,20,2218 55.15 (7) (b) The court shall notify the petitioner, the individual under
19protective placement, the individual's guardian of the person, the individual's
20attorney, if any, and the county department, and, if the individual is eligible for a
21family care benefit under s. 46.286, the care management organization under s.
2246.284 in which the individual is enrolled
of the time and place of the hearing.
SB577, s. 51 23Section 51. 55.15 (7) (c) of the statutes is amended to read:
SB577,21,624 55.15 (7) (c) A guardian ad litem shall be appointed to represent for the
25individual under protective placement at the hearing. In addition to the duties

1specified in s. 54.40 (3) and (4), the guardian ad litem shall meet with the individual
2and advise the court whether the individual meets the standard for transfer under
3sub. (8)
. If the individual is an adult who is indigent, the county in which the hearing
4is held shall be liable for guardian ad litem fees. If the individual is a minor, the
5individual's parents or the county in which the hearing is held shall be liable for
6guardian ad litem fees as provided in s. 48.235 (8).
SB577, s. 52 7Section 52. 55.15 (7) (d) of the statutes is renumbered 55.15 (7) (d) (intro.) and
8amended to read:
SB577,21,129 55.15 (7) (d) (intro.) The petitioner, individual under protective placement, the
10individual's guardian, the individual's guardian ad litem, and the individual's
11attorney, if any,
following persons have the right to attend the hearing and to present
12and cross-examine witnesses.:
SB577, s. 53 13Section 53. 55.15 (7) (d) 1., 2., 3., 4., 5. and 6. of the statutes are created to read:
SB577,21,1414 55.15 (7) (d) 1. The petitioner.
SB577,21,1515 2. The individual under protective placement.
SB577,21,1616 3. The guardian of the individual under protective placement.
SB577,21,1717 4. The guardian ad litem of the individual under protective placement.
SB577,21,1818 5. The attorney of the individual under protective placement.
SB577,21,2119 6. If the individual under protective placement is eligible for a family care
20benefit under s. 46.286, the care management organization under s. 46.284 in which
21the individual is enrolled.
SB577, s. 54 22Section 54. 55.15 (8) (b) of the statutes is amended to read:
SB577,22,223 55.15 (8) (b) Whether the protective placement is in the least restrictive
24environment consistent with the requirements of s. 55.12 (3), (4), and (5) or, if the

1transfer is to an intermediate facility or nursing facility, is in the most integrated
2setting, as defined in s. 46.279 (1) (bm).
SB577, s. 55 3Section 55. 55.16 (2) (a) of the statutes is amended to read:
SB577,22,124 55.16 (2) (a) Filing; services. Subject to par. (d), an individual under protective
5placement or receiving protective services, the individual's guardian, the
6individual's legal counsel or guardian ad litem, if any, the department, the county
7department that placed the individual or provided the protective services under an
8order of the court, an agency with which the county department contracts designated
9under s. 55.02 (2), or any interested person may file a petition at any time for
10modification of an order for protective services or protective placement. The petition
11shall be served on the individual, the individual's guardian, the individual's legal
12counsel and guardian ad litem, if any, and the county department.
SB577, s. 56 13Section 56. 55.16 (4) (a) and (b) of the statutes are amended to read:
SB577,22,1814 55.16 (4) (a) If the court finds that the individual continues to meet the
15standards under s. 55.08 (1) and the individual's protective placement is in the least
16restrictive environment that is consistent with the requirements of s. 55.12 (3), (4),
17and (5), and (6), the court shall order continuation of the protective placement in the
18facility in which the individual resides at the time of the hearing.
SB577,23,819 (b) If the court finds that the individual continues to meet the standards under
20s. 55.08 (1) and the protective placement of the individual is not in the least
21restrictive environment that is consistent with the requirements of s. 55.12 (3), (4),
22and (5), and (6), the court shall order transfer of the individual to a protective
23placement that is in the least restrictive environment consistent with the
24requirements of s. 55.12 (3), (4), and (5), and (6). In lieu of ordering transfer of the
25individual to a specific facility, the court may order the county department of the

1individual's residence or, if the individual is eligible for a family care benefit under
2s. 46.286, the care management organization under s. 46.284 in which the individual
3is enrolled
to develop or recommend a protective placement that is in the least
4restrictive environment consistent with the requirements of s. 55.12 (3), (4), and (5),
5and (6), and arrange for the individual's transfer to that protective placement within
660 days after the court's order. The court may extend this time period to permit
7development of a protective placement. The court may order protective services
8along with transfer of protective placement.
SB577, s. 57 9Section 57 . 55.17 (1) of the statutes is amended to read:
SB577,23,2010 55.17 (1) Petition. An individual, the individual's guardian or guardian ad
11litem, the department, a county department or agency with which it contracts
12designated under s. 55.02 (2), or any other interested person may file a petition at
13any time for termination of an order for protective placement or protective services.
14The petition shall be served on the individual; the individual's guardian; the
15individual's attorney and guardian ad litem, if any; and the county department; and,
16if the individual is receiving a family care benefit under s. 46.286, the care
17management organization under s. 46.284 in which the individual is enrolled
. The
18petition shall allege that the individual no longer meets the standards under s. 55.08
19(1) for court-ordered protective placement or under s. 55.08 (2) for court-ordered
20protective services.
SB577, s. 58 21Section 58 . 55.17 (1m) of the statutes is created to read:
SB577,23,2422 55.17 (1m) Duties of guardian ad litem. When a guardian ad litem files a
23petition under sub. (1) or when a guardian ad litem receives notice of a petition filed
24under sub. (1), the guardian ad litem shall do all of the following:
SB577,24,2
1(a) Interview the ward to explain to the ward the procedure under this section
2and the rights of the ward under s. 55.10 (4).
SB577,24,33 (b) Provide the information under par. (a) to the ward in writing.
SB577,24,54 (c) If necessary, request that the court order an additional medical,
5psychological, or other evaluation of the ward.
SB577,24,76 (d) Review the annual report and relevant reports on the ward's condition and
7protective services.
SB577,24,98 (e) Review the ward's condition, protective services, and rights with the
9guardian.
SB577,24,1310 (f) If relevant or if there is ambiguity about the ward's position on these
11matters, report to the court the present or proposed protective services, the position
12of the guardian, or the recommendation of the guardian ad litem as to the best
13interests of the ward.
SB577,24,2114 (g) Provide a summary written report to the court, including a recommendation
15on whether the protective placement order should be terminated or whether the
16individual should be placed in another facility with adequate support services that
17places fewer restrictions on the individual's personal freedom, is closer to the
18individual's home community, or more adequately meets the individual's needs,
19including any recommendation that is made during the reporting period by the
20county department with respect to termination of the protective placement or
21placement of the individual in another facility.
SB577,24,2322 (h) If relevant, report to the court that the ward requests the appointment of
23counsel.
SB577,24,2424 (i) Attend the hearing under sub. (2).
SB577, s. 59 25Section 59. 55.17 (3) (c) 2. of the statutes is amended to read:
SB577,25,8
155.17 (3) (c) 2. If the court determines that the individual does not meet the
2standards for protective services under s. 55.08 (2), and the individual is being
3transferred or discharged from his or her current residential facility, the county
4department or, if the individual is receiving a family care benefit under s. 46.286, the
5care management organization under s. 46.284 in which the individual is enrolled

6shall assist the residential facility with discharge planning for the individual,
7including planning for a proper residential living arrangement and the necessary
8support services for the individual.
SB577, s. 60 9Section 60. 55.17 (3) (c) 3. of the statutes is amended to read:
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