55.18(3)(c)1.
1. Following review of the guardian ad litem's report under
sub. (2) (f), the court determines that legal counsel for the individual is necessary.
55.18(3)(c)2.
2. The individual or the individual's guardian or guardian ad litem so requests.
55.18(3)(d)
(d) The court shall order either a summary hearing or a hearing under the requirements of
s. 55.10 (4). A summary hearing shall be held on the record, may be held in court or by other means, including by telephone or videoconference, is not an evidentiary hearing, and does not require attendance by the individual. The court shall hold a hearing under the requirements of
s. 55.10 (4) if any of the following apply:
55.18(3)(d)1.
1. The individual or the individual's guardian or guardian ad litem so requests.
55.18(3)(d)2.
2. The report under
sub. (2) (f) indicates that the individual no longer meets the standards for protective placement under
s. 55.08 (1).
55.18(3)(d)3.
3. The report under
sub. (2) (f) indicates that the current protective placement is not in the least restrictive environment consistent with the individual's needs.
55.18(3)(d)4.
4. The report under
sub. (2) (f) indicates that the individual objects to the current protective placement.
55.18(3)(e)
(e) Following the hearing under
par. (d), the court shall do one of the following:
55.18(3)(e)1.
1. 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 in the least restrictive environment that is consistent with the requirements of
s. 55.12 (3),
(4), and
(5), the court shall order the continuation of the protective placement in the facility in which the individual resides at the time of the hearing. 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 continuation of the protective placement.
55.18(3)(e)2.
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 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.
55.18(3)(e)3.
3. If the court finds that the individual no longer meets the standards under
s. 55.08 (1), the court shall terminate the protective placement. If the protective placement is terminated,
s. 55.17 (3) (c) 1. to
3. shall apply.
55.18(3)(f)
(f) The court shall provide a copy of the order made under
par. (e) to all of the following:
55.18(3)(f)2.
2. The individual's guardian, guardian ad litem, and legal counsel, if any, and the individual's agent under an activated power of attorney for health care, if any.
55.18(3)(f)3.
3. The facility in which the individual resided when the petition for annual review was filed.
55.18(4)
(4) Establishment of county policy. The county department shall ensure that no later than 180 days after November 1, 2006, the county establishes a written policy that specifies procedures to be followed in the county that are designed to ensure that annual reviews of all individuals who are subject to orders for protective placement under s.
55.12 or to orders for protective placement initially issued under s.
55.06 (9) (a), 2003 stats., residing in the county are conducted as required by this section. The county department shall maintain a copy of the written policy and shall make the policy available for public inspection.
55.18(5)
(5) Report by register in probate. By the first January 31 after November 1, 2006, and by every January 31 thereafter, the register in probate of each county shall file with the chief judge of the judicial administrative district a statement indicating whether each report and petition required to be filed by the county department under
sub. (1) that year has been filed. If the statement indicates that a required report or petition has not been filed, the statement shall include an explanation of the reasons the report or petition has not been filed.
55.18 History
History: 2005 a. 264 ss.
140,
141,
169.
55.18 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).
55.19
55.19
Annual review of order authorizing involuntary administration of psychotropic medication. In addition to or in conjunction with the annual review required under
s. 55.06 (10) [
s. 55.18], all of the following shall be performed with respect to any individual who is subject to an order under
s. 55.14 or an order initially issued under
s. 880.33 (4r), 2003 stats., authorizing involuntary administration of psychotropic medication:
55.19 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
55.19(1)
(1) County department performance of review. 55.19(1)(a)(a) The county department of the individual's county of residence shall, except as provided in
sub. (1m), review, in compliance with the requirements of this section, the status of each individual who is the subject of the order. The review shall include a visit to the individual and a written evaluation of the physical, mental, and social condition of the individual that is relevant to the issue of the continued need for the order. The review shall be made a part of the permanent record of the individual. The county department shall inform the guardian of the individual of the review at the time the review is made and shall, before completing a report of the review invite the individual and the guardian to submit comments or information concerning the individual's need for involuntary administration of psychotropic medication or other protective services. Not later than the first day of the 11th month after the initial order is made for an individual, except as provided in
par. (b), and at least annually thereafter, the county department shall do all of the following:
55.19(1)(a)1.
1. File a report of the review with the court that issued the order. The report of the review shall include information on all of the following:
55.19(1)(a)1.a.
a. Whether the individual continues to meet the standards for protective services.
55.19(1)(a)1.c.
c. Whether the individual continues to refuse to take psychotropic medication voluntarily; and whether attempting to administer psychotropic medication to the individual voluntarily is not feasible or is not in the best interests of the individual, including all information required to be specified under
s. 55.14 (3) (c).
55.19(1)(a)1.d.
d. Whether the individual's condition for which psychotropic medication has been prescribed has been improved by psychotropic medication and the individual has responded positively to psychotropic medication.
55.19(1)(a)1.f.
f. The comments of the individual and the individual's guardian during the performance of the review, as summarized by the county department, and the response of the county department to the comments.
55.19(1)(a)1.g.
g. The comments, if any, of a staff member at the facility at which the individual is placed or receives services or at which psychotropic medication is administered to the individual that are relevant to the review of the continued need for the order.
55.19 Note
NOTE: Subd. 1. is shown as created by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c).
55.19(1)(a)2.
2. File with the court under
subd. 1. a petition for annual review by the court of the order.
55.19(1)(a)3.
3. Provide the report under
subd. 1. to the individual and the guardian of the individual.
55.19(1)(b)
(b) If, in an annual review of an individual's status under
par. (a), the individual or the individual's guardian or guardian ad litem requests termination of the order and a full due process hearing is provided, or if a full due process hearing is provided under a petition for modification or termination of the order, the county department is not required to initiate a subsequent review under
par. (a) until the first day of the 11th month after the date that the court issues a final order after the full due process hearing.
Effective date text
(b) If, following an annual review of an individual's status under par. (a), the individual or the individual's guardian or guardian ad litem requests termination of the order and a hearing under the requirements of s. 55.10 (4) is provided, or if a hearing under the requirements of s. 55.10 (4) is provided pursuant to a petition for modification or termination of the order, the county department is not required to initiate a subsequent review under par. (a) until the first day of the 11th month after the date that the court issues a final order after the hearing.
55.19(1)(bm)
(bm) If the individual is subject to a protective placement order, the review under
par. (a) shall be conducted simultaneously with any review of the individual's protective placement.
Effective date text
(bm) If the individual is subject to a protective placement order, the review under par. (a) shall be conducted simultaneously with the review under s. 55.18 of the individual's protective placement.
55.19(1)(c)
(c) The review under
par. (a) may not be conducted by a person who is an employee of a facility in which the individual resides or from which the individual receives services. The report of the review shall include information on all of the following:
55.19(1)(c)1.
1. Whether the individual continues to meet the standards for protective services.
55.19(1)(c)3.
3. Whether the individual continues to refuse to take psychotropic medication voluntarily or attempting to administer psychotropic medication to the individual voluntarily is not feasible or is not in the best interests of the individual, as specified in
s. 55.14 (3) (c).
55.19(1)(c)4.
4. Whether the individual's condition for which psychotropic medication has been prescribed has been improved by psychotropic medication and the individual has responded positively to psychotropic medication.
55.19(1)(c)6.
6. The comments of the individual and the individual's guardian during the performance of the review, as summarized by the county department, and the response of the county department to the comments.
55.19(1)(c)7.
7. The comments, if any, of a staff member at the facility at which the individual is placed or receives services or at which psychotropic medication is administered to the individual that are relevant to the review of the continued need for the order.
55.19(1m)
(1m) County agreement. The county of residence of an individual who is subject to an order under
s. 55.14 and is provided protective placement [protectively placed] in a different county may enter into an agreement with that county under which the county of the individual's placement performs all or part of the duties of the county of residence under this section.
55.19 Note
NOTE: Sub. (1m) is shown as created by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language was inserted by Act 387 adopting language used in previously existing statutes, but "protectively placed" is replaced by Act 264 in those previously existing statutes with "provided protective placement." Corrective legislation is pending.
55.19(2)
(2) Guardian ad litem appointment and report. After a county department has filed a report with a court under
sub. (1) (a) 1., the court shall appoint a guardian ad litem in accordance with
s. 757.48 (1). The guardian ad litem shall do all of the following:
55.19(2)(a)
(a) Review the report filed under
sub. (1) (a) 1., and any other relevant reports on the individual's condition and continued need for the order under
s. 55.14.
55.19(2)(b)
(b) Meet with the individual and contact the individual's guardian and orally explain to the individual and guardian all of the following:
55.19(2)(b)1.
1. The procedure for review of an order for involuntary administration of psychotropic medication.
Effective date text
3. The right to an evaluation under sub. (3) (b).
55.19(2)(b)5.
5. That a termination or modification of the order or modification of the treatment plan for involuntary administration of psychotropic medication may be ordered by the court.
55.19 Note
NOTE: Subd. 5. is shown as created by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c).
Effective date text
6. The right to a hearing under sub. (3) (d) and an explanation that the individual or the individual's guardian may request a hearing that meets the requirements under s. 55.10 (4).
55.19(2)(c)
(c) Provide the information required under
par. (b) to the individual and to the individual's guardian in writing.
55.19 Note
NOTE: Par. (c) is shown as created by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c).
55.19(2)(d)
(d) Review the individual's condition and rights with the individual's guardian.
55.19(2)(e)
(e) Ascertain whether the individual wishes to exercise any of his or her rights under
sub. (3) (b),
(c), or
(d).
55.19(2)(f)
(f) 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 an order under
s. 55.14. The report shall also state whether any of the following apply:
55.19(2)(f)1.
1. An evaluation under
sub. (3) (b) is requested by the guardian ad litem, the individual, or the individual's guardian.
55.19(2)(f)2.
2. The individual or the individual's guardian requests termination of the order under
s. 55.14.
55.19(2)(f)3.
3. The individual or the individual's guardian requests or the guardian ad litem recommends that legal counsel be appointed for the individual.
55.19(2)(f)4.
4. The individual or the individual's [his or her] guardian or guardian ad litem requests a full due process hearing under this section for the individual.
55.19 Note
NOTE: Subd. 4. is shown as created by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language was inserted by
2005 Wis. Act 387 but rendered surplusage by
2005 Wis. Act 264. Corrective legislation is pending.
55.19(2)(g)
(g) Certify to the court that he or she has complied with the requirements of
pars. (b),
(c), and
(d).
Effective date text
(g) Certify to the court that he or she has complied with the requirements of pars. (a) to (e).
55.19(3)
(3) Court review of reports; hearing; order. 55.19(3)(a)(a) The court that issued the order under
s. 55.14 shall review the report of the guardian ad litem under
sub. (2) (f) and the report filed under
sub. (1) (a) 1.
55.19(3)(b)
(b) The court shall order [performance] an evaluation, by a person who is not an employee of the county department, [of an evaluation] of the physical, mental, and social condition of the individual that is relevant to the issue of the continued need for the order under
s. 55.14 and that is independent of the review performed under
sub. (1) (a) if any of the following apply:
55.19 Note
NOTE: Par. (b) (intro.) is shown as created by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language was inserted by Act 387 but rendered redundant by Act 264. Corrective legislation is pending.
55.19(3)(b)1.
1. The report required under
sub. (1) (a) 1. is not timely filed, or the court determines that the report fails to meet the requirements of
sub. (1) (c).
55.19(3)(b)2.
2. Following review of the guardian ad litem's report under
sub. (2) (f), the court determines that an independent evaluation for the individual is necessary.
55.19(3)(b)3.
3. The individual or the individual's guardian or guardian ad litem so requests.
55.19(3)(bm)
(bm) If an evaluation is ordered under
par. (b), it shall be performed at the expense of the individual or, if the individual is indigent, at the expense of the county of residence under
sub. (1) (a).
55.19(3)(br)
(br) The court may order that the county department obtain any other necessary information with respect to the individual.
Effective date text
(br) The court shall order that the county department obtain any other necessary information with respect to the individual.
