55.01 Cross-reference
Cross-reference: See s.
46.011 for definitions applicable to chs.
46 to
51,
55 and
58.
55.02
55.02
Protective service system; establishment. The department shall develop a statewide system of protective service for mentally retarded and other developmentally disabled persons, for aged infirm persons, for chronically mentally ill persons, and for persons with other like incapacities incurred at any age in accordance with rules promulgated by the department. The protective service system shall be designed to encourage independent living and to avoid protective placement whenever possible. The system shall use the planning and advice of agencies, including the county department under
s. 46.215,
46.22,
46.23,
51.42, or
51.437. The chairperson of each county board of supervisors shall designate a county department under
s. 46.215,
46.22,
51.42, or
51.437 that is providing services in his or her county or a joint mechanism of these county departments to have the responsibility for local planning for the protective service system. The chairperson of the Milwaukee County board of supervisors shall designate the county department under
s. 46.215 to serve as the county protective services agency for purposes of
s. 55.043. The department and these county departments shall cooperate in developing a coordinated system of services. The department shall provide direct services and enter into contracts with any responsible public or private agency for provision of protective services. In each county, the county department designated under this section shall determine the reporting requirements applicable to the county under
s. 880.38 (3).
55.03
55.03
Status of guardian. No agency acting as a guardian appointed under
ch. 880 shall be a provider of protective services or placement for its ward under this chapter. Nothing in this chapter shall be construed to prohibit the transfer of guardianship and legal custody under
s. 48.427 or
48.43.
55.03 History
History: 1973 c. 284;
1979 c. 330.
55.04
55.04
Program responsibilities. 55.04(1)
(1) The department shall have all of the following responsibilities in the administration of this chapter:
55.04(1)(a)11.
11. Any other responsibilities that the department considers appropriate.
55.04(1)(b)
(b)
Protective placement. Evaluation, monitoring and provision of protective placements.
55.04(2)
(2) All agencies providing protective services shall make such reports as the department may require.
55.04(3)
(3) If service is obtained by order of a court, the provider of service shall make reports under
sub. (2) as the court may direct.
55.04(4)
(4) Where any responsibility or authority is created under this chapter upon or in relation to a guardian, such responsibility or authority is deemed to apply to a parent or person in the place of a parent in the case of a minor who is or who is alleged to be developmentally disabled.
55.043
55.043
County protective services agency. 55.043(1)(a)(a) If a county protective services agency has probable cause to believe that there is misappropriation of property or neglect or abuse of a vulnerable adult, the county protective services agency may conduct an investigation in Milwaukee County to determine if the vulnerable adult in question is in need of protective services. The county protective services agency shall conduct the investigation in accordance with standards established by the department for conducting the investigations. The investigation shall include at least one of the following:
55.043(1)(a)1.
1. Observation of or an interview with the vulnerable adult, in private to the extent practicable, and with or without consent of his or her guardian, if any.
55.043(1)(a)3.
3. An interview with the guardian, if any, and with the caretaker, if any, of the vulnerable adult.
55.043(1)(a)4.
4. A review of the treatment and patient health care records of the vulnerable adult.
55.043(1)(a)5.
5. A review of those financial records, if any, of the vulnerable adult that are maintained by the caretaker or landlord of the vulnerable adult or by a member of the immediate family of the vulnerable adult, the caretaker or the landlord.
55.043(1)(b)
(b) The county protective services agency may transport the vulnerable adult for performance of a medical examination by a physician if any of the following applies:
55.043(1)(b)1.
1. The vulnerable adult or his or her guardian, if any, consents to the examination.
55.043(1)(b)2.
2. The vulnerable adult is incapable of consenting to the examination and one of the following applies:
55.043(1)(b)2.b.
b. The vulnerable adult's guardian refuses to consent to the examination, but the examination is authorized by order of a court.
55.043(2)
(2) Local enforcement assistance. The county protective services agency may request a sheriff or police officer to accompany the investigator during visits to the residence of the vulnerable adult or request other assistance as needed. If the request is made, a sheriff or police officer shall accompany the investigator of the county protective services agency to the residence of the vulnerable adult and shall provide other assistance as requested or necessary.
55.043(3)
(3) Restraining order; injunction. If a person other than the vulnerable adult interferes with the investigation under
sub. (1) or interferes with the delivery of protective services to the vulnerable adult, the county protective services agency may obtain a restraining order or injunction under
s. 813.123 against the person.
55.043(4)
(4) Offer of services. If upon investigation the county protective services agency finds misappropriation of property or neglect or abuse of a vulnerable adult, the county protective services agency may do one or more of the following:
55.043(4)(a)
(a) Offer services, including protective services under
s. 55.05, a protective placement under
s. 55.06, relocation assistance or other services.
55.043(4)(b)
(b) Take appropriate emergency action, including emergency protective placement under
s. 55.06, if the county protective services agency considers that the emergency action is in the vulnerable adult's best interests and the emergency action is the least restrictive appropriate intervention.
55.043(4)(c)
(c) Refer the case to local law enforcement officials under
sub. (2) for further investigation or to the district attorney, if the county protective services agency has reason to believe that a violation of
chs. 939 to
951 has occurred.
55.043(4)(d)
(d) Refer the case to the licensing or certification authorities of the department or to other regulatory bodies if the residence, facility or program for the vulnerable adult is or should be licensed or certified or is otherwise regulated.
55.043(4)(e)
(e) Refer the case to the department of regulation and licensing if the misappropriation of property or neglect or abuse involves an individual who is required to hold a credential, as defined in
s. 440.01 (2) (a), under
chs. 440 to
460.
Effective date note
NOTE: Par. (e) is shown as amended eff. 3-1-03 by
2001 Wis. Act 74. Prior to 3-1-03 it reads:
Effective date text
(e) Refer the case to the department of regulation and licensing if the misappropriation of property or neglect or abuse involves an individual who is required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 459.
55.043(4)(f)
(f) Bring a petition for a guardianship and protective service or protective placement if necessary to prevent misappropriation of property or neglect or abuse and if the vulnerable adult would otherwise be at risk of serious harm because of an inability to arrange for necessary food, clothing, shelter and services.
55.043(5)
(5) Applicability. This section does not apply to patients or residents of state-operated or county-operated inpatient institutions or hospitals issued certificates of approval under
s. 50.35 unless the alleged misappropriation of property or neglect or abuse of such a patient or resident is alleged to have been done by a person other than an employee of the inpatient institution or hospital.
55.045
55.045
Funding. The appropriate county department designated under
s. 55.02 shall, within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, provide for the reasonable program needs of persons who are protectively placed or who receive protective services under this chapter, including reasonable expenses for the evaluations required by
s. 55.06 (8). Payment and collections for protective placement or protective services provided in public facilities specified in
s. 46.10 shall be governed in accordance with
s. 46.10. The department may require that a person who is protectively placed or receives protective services under this chapter provide reimbursement for services or care and custody received, based on the ability of the person to pay for such costs.
55.045 History
History: 1995 a. 92;
1999 a. 32.
55.05
55.05
Protective services. 55.05(1)(1)
Preference. The department in administering the protective services program shall contract with county departments and other agencies. If the county department contracts for protective services, the department and the county departments shall give preference to an agency with consumer and other citizen representation. The department shall provide services only if no other suitable agency is available. Courts shall adhere to the same preferences in ordering protective services.
55.05(2)
(2) Conditions required. The department or an agency providing protective services under
s. 55.04 may provide such services under any of the following conditions:
55.05(2)(a)
(a) The person who needs or believes he or she needs protective service may seek such service.
55.05(2)(b)
(b) Any interested person may request protective services on behalf of a person in need of services. A guardian may request and consent to protective services on behalf of the guardian's ward.
55.05(2)(c)
(c) The department may provide protective services on behalf of any person in need of such services.
55.05(2)(d)
(d) The court may order protective services for an individual for whom a determination of incompetency is made under
s. 880.33 if the individual entitled to the protective services will otherwise incur a substantial risk of physical harm or deterioration or will present a substantial risk of physical harm to others. The court may order psychotropic medication as a protective service under this paragraph only if a determination of incompetency is made for the individual under
s. 880.33 (4m). The court may authorize a guardian to consent to forcible administration of psychotropic medication for an individual only if the court has made a finding under
s. 880.33 (4r) (b) that the individual has substantially failed to comply with the administration of psychotropic medication under the individual's treatment plan.
55.05(3)
(3) Voluntary services preferred. An individual shall receive protective services voluntarily unless ordered by the court, requested by a guardian or provided in accordance with
sub. (4).
55.05(4)(a)(a) Emergency services may be provided for not more than 72 hours where there is reason to believe that if the services are not provided, the person entitled to the services or others will incur a substantial risk of serious physical harm.
55.05(4)(b)
(b) Where it is necessary to forcibly enter a premises, the representative of an agency or of a county protective services agency shall obtain a court order authorizing entry and shall make the entry accompanied by a sheriff, police officer or member of a fire department. When it appears probable that substantial physical harm, irreparable injury or death may occur to an individual, the police officer, fire fighter or sheriff may enter a premises without a court order if the time required to obtain such an order would result in greater risk of physical harm to the individual.
55.05(4)(c)
(c) Where a forcible entry is made under
par. (b), a report of the exact circumstances including the date, time, place, factual basis for the need of such entry and the exact services rendered shall be made and forwarded to the court within 14 days of entry by the person making such entry.
55.05(5)
(5) Admissions without court involvement. 55.05(5)(a)(a) A person who is legally and actually capable of consenting may consent to enter a group home, foster home, community-based residential facility, as defined under
s. 50.01 (1g), adult family home, as defined in
s. 50.01 (1), or nursing home without protective placement under
s. 55.06.
55.05(5)(b)1.1. Guardians of persons who have been found incompetent under
s. 880.33 may consent to admission to a foster home, group home or community-based residential facility, as defined under
s. 50.01 (1g), without a protective placement under
s. 55.06 if the home or facility is licensed for fewer than 16 beds. Prior to providing that consent, and annually thereafter, the guardian shall review the ward's right to the least restrictive residential environment and consent only to admission to a home or facility that implements those rights.
55.05(5)(b)2.
2. Guardians of persons who have been found incompetent under
s. 880.33 may consent to admission to a nursing home if the person is admitted directly from a hospital inpatient unit for recuperative care for a period not to exceed 3 months, unless the hospital admission was for psychiatric care. Prior to providing that consent, the guardian shall review the ward's right to the least restrictive residential environment and consent only to admission to a nursing home that implements those rights. Following the 3-month period, a placement proceeding under
s. 55.06 is required.
55.05(5)(c)
(c) If a person admitted under
par. (b) verbally objects to or otherwise actively protests such an admission, the person in charge of the home or facility shall immediately notify the agency designated under
s. 55.02 for the county in which the person is living. Representatives of that agency shall visit the person as soon as possible, but no later than 72 hours after notification, and do the following:
55.05(5)(c)1.
1. Determine whether the protest persists or has been voluntarily withdrawn and consult with the person's guardian regarding the reasons for the admission.
55.05(5)(c)2.
2. Attempt to have the person released within 72 hours if the protest is not withdrawn and necessary elements of
s. 55.06 (2) or
(11) are not present and provide assistance in identifying appropriate alternative living arrangements.
55.05(5)(c)3.
3. Comply with
s. 55.06 (11) if all elements are present and emergency placement in that facility or another facility is necessary or file a petition for protective placement under
s. 55.06 (2). The court, with the permission of the facility, may order the person to remain in the facility pending the outcome of the protective placement proceedings.
55.05(5)(d)
(d) The admission to a facility of a principal by a health care agent under the terms of a power of attorney for health care instrument and in accordance with
ch. 155 or the admission of an individual to a nursing home or community-based residential facility under the requirements of
s. 50.06 is not a protective placement under this chapter.
55.05 Annotation
A guardian of a person, who became incompetent after voluntarily entering a nursing home with 16 or more beds, may not consent to the person's continued residence in the home. Upon the appointment of a guardian, the court must hold a protective placement hearing. Guardianship of Agnes T.
189 Wis. 2d 520,
525 N.W.2d 268 (1995).
55.05 Annotation
Guardianships and Protective Placements in Wisconsin After Agnes T. Fennell. Wis. Law. May 1995.
55.06
55.06
Protective placement. 55.06(1)
(1) A protective placement under this section is a placement of a ward for the primary purpose of providing care and custody. To be eligible for placement, an individual shall have attained the age of 18, but an individual who is alleged to be developmentally disabled may receive placement upon attaining the age of 14. No protective placement under this section may be ordered unless there is a determination of incompetency in accordance with
ch. 880, except in the case of a minor who is alleged to be developmentally disabled, and there is a finding of a need for protective placement in accordance with
sub. (2) except as provided in
subs. (11) and
(12). A procedure for adult protective placement may be initiated 6 months prior to an individual's birthday at which he or she first becomes eligible for placement.
55.06(1)(a)
(a) The board designated under
s. 55.02 or an agency designated by it may petition for appointment of a guardian and for protective services or placement. The department shall provide for a schedule of reimbursement for the cost of such proceedings based upon the ability to pay of the proposed ward or person to be protected.
55.06(1)(b)
(b) If a person seeking to be the guardian of a proposed ward requests the assistance of a board designated under
s. 55.02 or an agency designated by it in petitioning for guardianship or for protective service or placement, such assistance may be considered a service and may be charged for based upon the ability of such person to pay for the service.
55.06(1)(c)
(c) If requested by the court, the corporation counsel shall assist in conducting proceedings under this chapter.
55.06(1)(d)
(d) No guardian or temporary guardian may make a permanent protective placement of his or her ward unless ordered by a court under this section but may admit a ward to certain residential facilities under
s. 55.05 (5) or make an emergency protective placement under
s. 55.06 (11).
55.06(2)
(2) The department, an agency, a guardian or any interested person may petition the circuit court to provide protective placement for an individual who:
55.06(2)(a)
(a) Has a primary need for residential care and custody;
55.06(2)(b)
(b) Except in the case of a minor who is alleged to be developmentally disabled, has either been determined to be incompetent by a circuit court or has had submitted on the minor's behalf a petition for a guardianship;
55.06(2)(c)
(c) As a result of developmental disabilities, infirmities of aging, chronic mental illness or other like incapacities, is so totally incapable of providing for his or her own care or custody as to create a substantial risk of serious harm to oneself or others. Serious harm may be occasioned by overt acts or acts of omission; and
