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:
SB577,25,1710 55.17 (3) (c) 3. Any Unless the court allows a greater period of continued
11residence, any
individual whose protective placement is terminated under this
12paragraph may reside in his or her current protective placement facility for up to 60
13days after a determination under subd. 1. or 2. in order to arrange for an alternative
14living arrangement. If the protective placement facility has fewer than 16 beds, the
15individual may remain in the protective placement facility as long as the
16requirements of s. 55.055 are met. Admission by the individual, if an adult, to
17another residential facility shall be made under s. 55.055.
SB577, s. 61 18Section 61. 55.175 of the statutes is repealed.
SB577, s. 62 19Section 62. 55.18 (1) (a) 1. h. of the statutes is created to read:
SB577,25,2220 55.18 (1) (a) 1. h. If the individual is receiving a family care benefit under s.
2146.286, information from the care management organization under s. 46.284 in
22which the individual is enrolled.
SB577, s. 63 23Section 63. 55.18 (1) (a) 3. of the statutes is amended to read:
SB577,26,324 55.18 (1) (a) 3. Provide the report under subd. 1. to the individual and the
25guardian of the individual, and to the individual's agent under an activated power

1of attorney for health care, if any, and, if the individual is receiving a family care
2benefit under s. 46.286, to the care management organization under s. 46.284 in
3which the individual is enrolled
.
SB577, s. 64 4Section 64. 55.18 (1) (ar) of the statutes is amended to read:
SB577,26,205 55.18 (1) (ar) If the individual has a developmental disability and is
6protectively placed in an intermediate facility or a nursing facility, the agency that
7is responsible for the protective placement shall notify in writing the county
8department of the county of residence of the individual that is participating in the
9program under s. 46.278 or, if s. 46.279 (4m) applies to the individual, the
10department, at least 120 days before the review. The county department so notified
11or, if s. 46.279 (4m) applies, the department's contractor, shall develop a plan under
12s. 46.279 (4), consulting with the care management organization under s. 46.284 in
13which the individual is enrolled if the individual is receiving a family care benefit
14under s. 46.286,
and furnish the plan to the court that ordered the protective
15placement and to the individual's guardian. The court shall order that the individual
16be transferred to the noninstitutional community setting in accordance with the plan
17unless the court finds that protective placement in the intermediate facility or
18nursing facility is the most integrated setting, as defined in s. 46.279 (1) (bm), that
19is appropriate to the needs of the individual taking into account information
20presented by all affected parties.
SB577, s. 65 21Section 65. 55.18 (1) (c) of the statutes is amended to read:
SB577,26,2522 55.18 (1) (c) The review under par. (a) may not be conducted by a person who
23is an employee of the facility in which the individual resides or, if the individual is
24receiving a family care benefit under s. 46.286, by the care management organization
25under s. 46.284 in which the individual is enrolled
.
SB577, s. 66
1Section 66. 55.18 (2) (f) (intro.) of the statutes is amended to read:
SB577,27,92 55.18 (2) (f) (intro.) Within 30 days after appointment, file with the court a
3written report based on information obtained under this subsection and any other
4evaluations or records of the individual. The report shall discuss whether the
5individual appears to continue to meet the standards for protective placement under
6s. 55.08 (1) and; whether the protective placement is in the least restrictive
7environment that is consistent with the individual's needs; and, if the individual has
8a developmental disability, whether the placement meets the requirements of s.
946.279
. The report shall also state whether any of the following apply:
SB577, s. 67 10Section 67. 55.18 (3) (e) 1m. of the statutes is created to read:
SB577,27,1711 55.18 (3) (e) 1m. If the individual has a developmental disability and is in an
12intermediate facility or nursing facility, the court shall order the individual to be
13transferred to the noninstitutional community setting in accordance with the plan
14developed under sub. (1) (ar) unless the court finds that protective placement in the
15intermediate facility or nursing facility is the most integrated setting that is
16appropriate to the needs of the individual taking into account information presented
17by all affected parties.
SB577, s. 68 18Section 68. 55.18 (3) (e) 2. of the statutes is amended to read:
SB577,28,1019 55.18 (3) (e) 2. If the court finds that the individual continues to meet the
20standards under s. 55.08 (1) and the protective placement of the individual is not in
21the least restrictive environment that is consistent with the requirements of s. 55.12
22(3), (4), and (5), 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). In lieu of ordering transfer of the individual
25to a specific facility, the court may order the county department of residence or, if the

1individual is receiving a family care benefit under s. 46.286, the care management
2organization under s. 46.284 in which the individual is enrolled, or both
to develop
3or recommend a protective placement that is in the least restrictive environment
4consistent with the requirements of s. 55.12 (3), (4), and (5) and arrange for the
5individual's transfer to that protective placement within 60 days after the court's
6order. The court may extend this period to permit development of a protective
7placement. The court may order protective services as well as a transfer of protective
8placement. The court shall include in the order the information relied upon as a basis
9for the order and shall make findings based on the standards under s. 55.08 (1) in
10support of the need for continued protective placement.
SB577, s. 69 11Section 69. 55.18 (3) (f) 5. of the statutes is created to read:
SB577,28,1412 55.18 (3) (f) 5. If the individual is receiving a family care benefit under s. 46.286,
13the care management organization under s. 46.284 in which the individual is
14enrolled.
SB577, s. 70 15Section 70 . 55.195 of the statutes is renumbered 55.16 (2m), and 55.16 (2m)
16(intro.), (a), (b), (g) and (i), as renumbered, are amended to read:
SB577,28,2017 55.16 (2m) Duties of guardian ad litem for protective services reviews.
18(intro.) In any review of a protective services order made under s. 55.12, except as
19provided in s. 55.19
Upon receipt of notice under sub. (2) (a), the guardian ad litem
20shall do all of the following:
SB577,28,2321 (a) Interview the ward to explain the review procedure , under this section and
22the right to an independent evaluation, the right to counsel, and the right to a
23hearing
ward's rights under s. 55.10 (4).
SB577,28,2424 (b) Provide the information under sub. (1) par. (a) to the ward in writing.
SB577,29,8
1(g) Provide a summary written report to the court, including a recommendation
2on whether the protective placement order should be terminated or whether the
3individual should be placed in another facility with adequate support services that
4places fewer restrictions on the individual's personal freedom, is closer to the
5individual's home community, or more adequately meets in the individual's needs,
6including any recommendation that is made during the reporting period by the
7county department with respect to termination of the protective placement or
8placement of the individual in another facility
.
SB577,29,99 (i) Attend the hearing under sub. (3).
SB577,29,1010 (End)
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