51.3951.39 Resident patients on unauthorized absence. If any patient who is admitted, transferred, or placed under s. 55.06, 2003 stats., or s. 51.13, 51.15, 51.20, 51.35 (3), 51.37, or 51.45 (11) (b), (12) or (13) or ch. 55, 971, 975, or 980 is on unauthorized absence from a treatment facility, the sheriff or any other law enforcement agency in the county in which the patient is found or in which it is believed the patient may be present, upon the request of the director, shall take charge of and return the patient to the facility. The costs incident to the return shall be paid out of the facility’s operating funds and be charged back to the patient’s county of residence. 51.4051.40 Determination of residence for certain adults; county of responsibility. 51.40(1)(1) Definitions. In this section: 51.40(1)(a)(a) “Agency of a county department” means a public or private organization with which a county department contracts for provision of services under ch. 46, 51 or 55. 51.40(1)(b)(b) “Arrange or make placement” means perform any action beyond providing basic information concerning the availability of services, facilities or programs in a county to an individual or the individual’s family. 51.40(1)(c)(c) “Capable of indicating intent” means able to express by words or other means an informed choice of a place to live. 51.40(1)(cm)(cm) “Care management organization” means a managed care organization that is under contract with the department to provide the Family Care benefit under s. 46.286, the Family Care Partnership benefit described under s. 49.496 (1) (bk) 3., or the benefit under the program of all-inclusive care for the elderly under 42 USC 1395eee or 1396u-4. 51.40(1)(e)(e) “County of responsibility” means the county responsible for funding the provision of care, treatment, or services under this chapter or ch. 46 or 55 to an individual. 51.40(1)(em)(em) “Facility” means a place, other than a hospital, that is licensed, registered, certified, or approved by the department or a county under ch. 50 or 51. 51.40(1)(f)(f) “Guardian” means a guardian of the person appointed by a court under ch. 54 or ch. 880, 2003 stats. 51.40(1)(g)(g) “Incapable of indicating intent” means one of the following: 51.40(1)(g)2.2. The status of an individual for whom there is substantial evidence, based on documentation from a licensed physician or psychologist who has personally examined the individual and who has expertise concerning the type of mental disability evidenced by the individual, that the individual is incapable of indicating intent. 51.40(1)(j)(j) “State facility” means a state mental health institute, center for the developmentally disabled, prison as specified in s. 302.01 or a facility that is operated directly by the department of health services or the department of corrections. 51.40(2)(2) Determination of county of residence. The county of residence of an individual aged 18 or older with developmental disability or serious and persistent mental illness, degenerative brain disorder, or other like incapacity who is residing in a facility is the county of responsibility for the individual. The county of residence shall be determined as follows: 51.40(2)(a)1.1. ‘Commitment or protective placement or protective services.’ If an individual is under a court order of commitment under this chapter or protective placement or protective services under s. 55.06, 2003 stats., or s. 55.12, the individual remains a resident of the county in which he or she has residence at the time the initial commitment or initial order for protective placement or protective services is made. If the court makes no specific finding of a county of residence, the individual is a resident of the county in which the court is located. After notice, including notice to the corporation counsel of each affected county by certified mail, after opportunity to be heard has been provided to all affected counties and parties, and if there is no objection, the court may make a specific finding of a county of residence. If any affected county or party objects to the court’s proposed finding, the county or party may request the department to make a determination under par. (g). Any transfer of venue may be suspended until the department’s determination is final. 51.40(2)(a)2.2. ‘Placement by a county or care management organization.’ Except for the provision of emergency services under s. 51.15, 51.42 (1) (b), 51.437 (4) (c), or 51.45 (11) and (12), emergency protective services under s. 55.13, or emergency protective placement under s. 55.135, if a county department, an agency of a county department, or a care management organization places or makes arrangements for placement of the individual into a facility, the individual remains a resident of the county in which the individual resided immediately before the individual’s initial placement. Any agency of the county department is deemed to be acting on behalf of the county department in placing or making arrangements for placement. Placement of an individual by a county department, an agency of a county department, or a care management organization in a facility outside the jurisdiction of the county department, agency, or care management organization does not transfer the individual’s legal residence to the county in which the facility is located. If a resident of a county is physically present in another county and is in need of immediate care, the county in which the individual is present may provide for his or her immediate needs under s. 51.15, 51.20, 51.42 (1) (b), 51.437 (4) (c), or 51.45 (11) or (12), or ch. 54 or 55, without becoming the individual’s county of residence. 51.40(2)(b)(b) Other admissions. If par. (a) does not apply, the county of residence shall be determined as follows: 51.40(2)(b)1.1. ‘Individuals in state facilities.’ An individual who is in a state facility is a resident of the county in which he or she was a resident at the time the admission to the state facility was made. This subdivision may not be applied to change residence from a county, other than the county in which the facility is located, that has accepted responsibility for or provided services to the individual before December 1, 2006. 51.40(2)(b)2.2. ‘Individuals in nursing homes.’ The following are presumptions regarding the county of residence of an individual in a nursing home that may be overcome by substantial evidence that clearly establishes other county residence: 51.40(2)(b)2.ag.ag. An individual in a nursing home who was admitted under s. 50.04 (2r) to the nursing home after December 1, 2006, is a resident of the county that approved the admission under s. 50.04 (2r). 51.40(2)(b)2.bg.bg. An individual residing in a nursing home on December 1, 2006, is a resident of the county in which the individual is physically present unless another county accepts the individual as a resident.