55.06(17)(a)(a) Any records of the court pertaining to protective services or placement proceedings, including evaluations, reviews and recommendations prepared under
sub. (8) (c), are not open to public inspection but are available to:
55.06(17)(a)1.
1. The subject of the proceedings and the subject's guardian at all times.
55.06(17)(a)2.
2. The subject's attorney or guardian ad litem, without the subject's consent and without modification of the records, in order to prepare for any court proceedings relating to the subject's protective services or placement or relating to the subject's guardianship.
55.06(17)(a)3.
3. Other persons only with the informed written consent of the subject as provided in
s. 51.30 (2) or under an order of the court that maintains the records.
55.06(17)(b)
(b) If the subject is an adult who has been adjudged incompetent under
ch. 880 or is a minor, consent for release of information from and access to the court records may be given only as provided in
s. 51.30 (5).
55.06(17)(c)
(c) All treatment and service records pertaining to a person who is protected under this chapter or for whom application has been made for protection under this chapter are confidential and privileged to the subject.
Section 51.30 governs access to treatment and service records.
55.06(18)
(18) An appeal may be taken to the court of appeals from a final judgment or final order under this section within the time period specified in
s. 808.04 (3) and in accordance with
s. 809.40 by the subject of the petition or the individual's guardian, by any petitioner or by the representative of the public.
55.06 History
History: 1973 c. 284;
1975 c. 41;
1975 c. 94 s.
3;
1975 c. 189 s.
99 (2);
1975 c. 393,
421,
422;
1975 c. 430 ss.
67 to
71,
80;
1977 c. 26,
299,
428;
1977 c. 449 s.
497;
1979 c. 32 s.
92 (1);
1979 c. 110 s.
60 (1);
1979 c. 221;
1981 c. 314 s.
146;
1981 c. 379;
1983 a. 27;
1983 a. 189 s.
329 (19);
1983 a. 219;
1985 a. 29 ss.
1143,
3202 (23);
1987 a. 366;
1989 a. 31,
359;
1991 a. 269;
1993 a. 187,
451;
1995 a. 27,
92;
1997 a. 237,
283;
2001 a. 109.
55.06 Annotation
A "common sense" finding of incompetency was insufficient for placement under this section. If competent when sober, an alcoholic has the right to choose to continue an alcoholic lifestyle. Guardianship & Protective Placement of Shaw,
87 Wis. 2d 503,
275 N.W.2d 143 (Ct. App. 1979).
55.06 Annotation
There must be an annual review of each protective placement by a judicial officer. The requirements of ss. 51.15 and 51.20 must be afforded to protectively placed individuals facing involuntary commitment under s. 55.06 (9) (d) and (e). State ex rel. Watts v. Combined Community Services,
122 Wis. 2d 65,
362 N.W.2d 104 (1985).
55.06 Annotation
A court's finding of limited incompetence under ch. 880 fulfills the incompetency requirement for protective placement under this section. Matter of Guardianship of K. H. K.
139 Wis. 2d 190,
407 N.W.2d 281 (Ct. App. 1987).
55.06 Annotation
When a placement extended past the 30-day limit under sub. (11) (c) before a final hearing was held, the court lost authority to extend the placement. In Matter of Guardianship of N. N.
140 Wis. 2d 64,
409 N.W.2d 388 (Ct. App. 1987).
55.06 Annotation
A county's duty under sub. (9) (a) to provide the least restrictive environment is not limited according to funds available through state and federal funds and those that the county appropriates as matching funds. Protective Placement of D.E.R.
155 Wis. 2d 240,
455 N.W.2d 239 (1990).
55.06 Annotation
A court may order an agency to do planning and implementation work necessary to fulfill the obligation to order placement conforming to sub. (9) (a) and s. 51.61 (1) (e). In Matter of J.G.S.
159 Wis. 2d 685,
465 N.W.2d 227 (Ct. App. 1990).
55.06 Annotation
Sub. (11) (c) required dismissal of the proceedings for failure to hold a permanent placement hearing within 30 days of the probable cause hearing; immediate refiling of the petition and emergency detention following dismissal without prejudice was impermissible. State ex. rel Sandra D. v. Getto,
175 Wis. 2d 490,
498 N.W.2d 893 (Ct. App. 1993).
55.06 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).
55.06 Annotation
An emergency protective placement under sub. (11) must be based on personal observation by one of the individuals listed in sub. (11) (a). Costs could not be assessed against the subject of an emergency placement proceeding that was outside the statutory guidelines. Ethelyn I.C. v. Waukesha County,
221 Wis. 2d 109,
584 N.W.2d 211 (Ct. App. 1998).
55.06 Annotation
The statutory provisions for an interested person's formal participation in guardianship and protective placement hearings are specific and limited. No statute provides for interested persons to demand a trial, present evidence, or raise evidentiary objections. A court could consider such participation helpful and, in its discretion, could allow an interested person to participate to the extent it considers appropriate. Coston v. Joseph P.
222 Wis. 2d 1,
586 N.W.2d 52 (Ct. APP. 1998).
55.06 Annotation
A circuit court must hold some form of hearing on the record, either a full due process hearing or a summary hearing, to continue a protective placement. The circuit court must also make findings based on the factors enumerated in sub. (2) in support of the need for continuation. County of Dunn v. Goldie H. 2001 WI 102,
245 Wis. 2d 538,
629 N.W.2d 189.
55.06 Annotation
A circuit court loses competence if the hearing under s. 55.06 (11) (b) is not held within 72 hours after the person is first taken into custody. The filing of a new petition does not start the clock anew. Kindcare, Inc. v. Judith G. 2002 WI App 36,
250 Wis. 2d 817,
640 N.W.2d 839.
55.06 Annotation
In protective placements under sub. (9) (a), counties must make an affirmative showing of a good faith, reasonable effort to find an appropriate placement and to secure funding to pay for an appropriate placement. Counties bear the burden of showing whether funds are available and whether appropriate placements may be developed within the limits of required funds. Dunn County v. Judy K. 2002 WI 87, ___ Wis. 2d ___,
647 N.W.2d 799.
55.06 Annotation
Sub. (17) requires the closing of all records filed with respect to ch. 55 proceedings, including the index, docket, and files maintained by the register in probate. 67 Atty. Gen. 130.
55.06 Annotation
Under sub. (1) (c), the duty of the corporation counsel is to assist the court and not to act as counsel for petitioning private parties. Under sub. (9) (a), the court should order protective placement in an existing facility. 68 Atty. Gen. 97.
55.06 Annotation
"Residence" under s. 55.06 (3) (c) is defined in s. 49.01 (8g).
76 Atty. Gen. 103.
55.06 Annotation
New legal protection for persons with mental handicaps. Greenley and Zander, WBB April, 1986.
55.06 Annotation
Guardianships and Protective Placements. Viney. Wis. Law. Aug. 1991.
55.06 Annotation
Guardianships and Protective Placements in Wisconsin After Agnes T. Fennell. Wis. Law. May 1995.
55.07
55.07
Patients' rights. 55.07(1)(1) The rights and limitations upon rights, procedures for enforcement of rights and penalties prescribed in
s. 51.61 apply to persons who receive services under this chapter, whether on a voluntary or involuntary basis.
55.07(2)
(2) A parent who has been denied periods of physical placement under
s. 767.24 (4) (b) or
767.325 (4) may not have the rights of a parent or guardian with respect to access to a child's records under this chapter.
55.07 History
History: 1977 c. 428;
1987 a. 355.
55.07 Annotation
A guardian has general authority to consent to medication for a ward, but may consent to psychotropic medication only in accordance with ss. 880.07 (1m) and 880.33 (4m) and (4r). The guardian's authority to consent to medication or medical treatment of any kind is not affected by an order for protective placement or services.
OAG 5-99.
