SB577: Bill Text

SB577,14,9 55.12 (5) Except as provided in s. 49.45 (30m), the county may not be required to provide funding, in addition to its funds that are required to be appropriated to match state funds, in order to provide protective placement or protective services to an individual. Protective placement under this section does not replace commitment of an individual in need of acute psychiatric treatment under s. 51.20 or 51.45 (13).

SB577, s. 35 Section 35. 55.12 (6) of the statutes is amended to read:

SB577,14,22 55.12 (6) If the county department or agency with which it contracts designated under s. 55.02 (2) proposes to provide protective placement to an individual who has a developmental disability in an intermediate facility or a nursing facility under an order under this section, the county department or agency, or, if s. 46.279 (4m) applies to the individual, the department or the department's contractor shall develop a plan under s. 46.279 (4) and furnish the plan to the county department or agency and to the individual's guardian. The county department or agency with which it contracts designated under s. 55.02 (2) shall provide protective placement to the individual in a noninstitutional community setting in accord 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. 36 Section 36. 55.12 (11) of the statutes is created to read:

SB577,15,8 55.12 (11) If the individual subject to a protective placement or protective services order receives the family care benefit under s. 46.286, or a benefit under another managed long-term care program that is funded by the Medical Assistance program, the aging and disability resource center and care management organization responsible for administering or providing benefits or services to the individual under the family care program, or the organization responsible for administering or providing benefits or services to the individual under the managed long-term care program, shall comply with all court orders to ensure that the individual is placed in the least restrictive environment and receives services in the least restrictive manner consistent with the individual's needs.

SB577, s. 37 Section 37. 55.13 (1) of the statutes is amended to read:

SB577,15,15 55.13 (1) Emergency protective services may be provided for not more than 72 hours without the consent of the individual when there is reason to believe that, if the emergency protective services are not provided, the individual entitled to the services or others will incur a substantial risk of serious physical harm. Emergency protective services may be provided initially for not more than 72 hours unless a preliminary hearing is scheduled on a petition filed under sub. (2).

SB577, s. 38 Section 38. 55.13 (2) of the statutes is amended to read:

SB577,16,3 55.13 (2) If the county department or agency with which the county department contracts designated 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 have a developmental disability.

SB577, s. 39 Section 39. 55.13 (6) of the statutes is created to read:

SB577,16,6 55.13 (6) A person is not liable for any actions performed in good faith in accordance with this section.

SB577, s. 40 Section 40. 55.135 (1) of the statutes is amended to read:

SB577,17,3 55.135 (1) If, from personal observation of, or a reliable report made by a person who identifies himself or herself to, a sheriff, police officer, fire fighter, guardian, if any, or authorized representative of a county department or an agency with which it contracts designated under s. 55.02 (2), it appears probable that an individual is so totally incapable of providing for his or her own care or custody as to create a substantial risk of serious physical harm to himself or herself or others as a result of developmental disability, degenerative brain disorder, serious and persistent mental illness, or other like incapacities if not immediately placed, the individual who personally made the observation or to whom the report is made may take into custody and transport the individual to an appropriate medical or protective placement facility. The person making emergency protective placement shall prepare a statement at the time of detention providing specific factual information concerning the person's observations or reports made to the person and the basis for emergency placement. The statement shall be filed with the director of the facility and with any petition under s. 55.075. At the time of emergency protective placement the individual shall be informed by the director of the facility or the director's designee, orally and in writing, of his or her right to contact an attorney and a member of his or her immediate family and the right to have an attorney provided at public expense, as provided under s. 55.105. The director or designee shall also provide the individual with a copy of the statement by the person making emergency protective placement.

SB577, s. 41 Section 41. 55.135 (4) of the statutes is amended to read:

SB577,17,16 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 of detention, 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 a 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).

SB577, s. 42 Section 42. 55.135 (6) of the statutes is amended to read:

SB577,17,24 55.135 (6) A law enforcement agency, fire department, or county department or agency with which it contracts designated under s. 55.02 (2) shall designate at least one employee authorized to take an individual into custody under this section who shall attend the in-service training on emergency detention and emergency protective placement offered by a county department of community programs under s. 51.42 (3) (ar) 4. d., if the county department of community programs serving the designated employee's jurisdiction offers an in-service training program.

SB577, s. 43 Section 43. 55.14 (8) (a) of the statutes is amended to read:

SB577,18,12 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 designated 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.

SB577, s. 44 Section 44. 55.14 (9) of the statutes is amended to read:

SB577,19,7 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 that constitute the basis 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 designated 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.

SB577, s. 45 Section 45. 55.14 (11) of the statutes is amended to read:

SB577,19,12 55.14 (11) The county department or an agency with which it contracts designated 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.

SB577, s. 46 Section 46. 55.15 (1) of the statutes is amended to read:

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.