46.90(9)(b)(b) In any action brought under par. (a) in which the court determines that the violator acted in a manner that was knowing and willful, the violator shall be liable for such damages as may be proved together with exemplary damages of not less than $500 nor more than $1,000 for each violation, together with costs and reasonable actual attorney fees as may be incurred. It is not a prerequisite to an action under par. (a) that the plaintiff suffer or be threatened with actual damages.
46.90(9)(c)(c) An individual may bring an action to enjoin any violation of sub. (6) or to compel compliance with sub. (6), and may in the same action seek damages as provided in this subsection. The individual may recover costs and reasonable actual attorney fees incurred in the action, if he or she prevails.
46.90(9)(d)(d) Any person who violates sub. (4) (b) 1. may be fined not more than $10,000 or imprisoned for not more than 6 months or both.
46.90(9)(e)(e) Whoever intentionally violates sub. (4) (ad) by failure to report as required may be fined not more than $500 or imprisoned not more than 6 months or both.
46.90 HistoryHistory: 1983 a. 398, 1985 a. 176; 1989 a. 31; 1991 a. 39, 235; 1993 a. 27; 1995 a. 27 ss. 2334, 9130 (4); 1995 a. 225; 1997 a. 3, 131; 1999 a. 82; 2003 a. 33; 2005 a. 264, 388; 2007 a. 20 s. 9121 (6) (a); 2007 a. 45; 2009 a. 319; 2011 a. 32; 2013 a. 20; 2017 a. 59; 2021 a. 122; 2023 a. 55.
46.90 AnnotationFailure of a defamation plaintiff to assert any facts to support a finding of bad faith on the part of a person who reported possible material abuse resulted in a concession that the reporter was acting in good faith at the time he made the elder abuse report and thus his statements were entitled to protection or privilege under sub. (4) (c). A ruling finding good faith did not resolve a counterclaim under sub. (4) (b) 2. c. that the lawsuit was retaliatory. Attorney fees are not recoverable as damages resulting from the statutory tort of retaliation. Schaul v. Kordell, 2009 WI App 135, 321 Wis. 2d 105, 773 N.W.2d 454, 08-2571.
46.90 AnnotationAbuse and Neglect in Long-term Care Facilities: The Civil Justice System’s Response. Studinski. Wis. Law. Aug. 2004.
46.90 AnnotationPreventing Abuse and Neglect in Health Care Settings: The Regulatory Agency’s Responsibility. Dawson. Wis. Law. Aug. 2004.
46.90 AnnotationSeeking Justice in Death’s Waiting Room: Barriers to Effectively Prosecuting Crime in Long-term Care Facilities. Hanrahan. Wis. Law. Aug. 2004.
46.90 AnnotationA Response: Issues Affecting Long-term Care. Purtell. Wis. Law. Oct. 2004.
46.90 AnnotationAdult Protective Services: On the Front Line Against Elder Abuse. Page. Wis. Law. June 2020.
46.9446.94Referral system for community-based services. From the appropriation under s. 20.435 (1) (fe), the department shall provide grants to a nonprofit organization to operate a statewide Internet site and telephone-based system to provide information on and referrals to community-based services, advocacy in accessing services, connection to crisis intervention, and follow-up contact. As a condition of receiving a grant under this section, the nonprofit organization shall agree to allocate moneys for promoting and marketing the system to make the public aware of its existence and purposes.
46.94 HistoryHistory: 2017 a. 250.
46.9646.96Independent living center grants; independent living services.
46.96(1)(1)In this section:
46.96(1)(ad)(ad) “Cross-disability basis” has the meaning given under 29 USC 796f-4 (b) (2).
46.96(1)(ah)(ah) “Independent living center” means a community-based, nonresidential private nonprofit agency that vests power and authority in individuals with disabilities, that is designed and operated within a local community by individuals with disabilities and that provides an array of independent living services, including independent living core services, on a cross-disability basis.
46.96(1)(am)(am) “Independent living core services” has the meaning given in 29 USC 705 (17).
46.96(1)(ap)(ap) “Independent living services” has the meaning given under 29 USC 705 (18).
46.96(1)(at)(at) “Individual with a disability” has the meaning given under 29 USC 705 (20).
46.96(1)(b)(b) “Severely disabled individual” means any individual with a severe physical or mental impairment whose ability to function independently in his or her family or community or whose ability to obtain, maintain or advance in employment is substantially limited and for whom the delivery of independent living services will improve either his or her ability to function independently in his or her family or community or his or her ability to engage in employment.
46.96(2)(2)The department shall make grants from the appropriations under s. 20.435 (1) (cx) and (kc) and (7) (na) to independent living centers for nonresidential services to severely disabled individuals.
46.96(2d)(2d)The department shall make grants from the appropriations under s. 20.435 (1) (cx) and (7) (na) for the purposes for which the federal moneys are received, including for independent living services.
46.96(3m)(3m)
46.96(3m)(a)(a) By July 1, 1994, an independent living center that receives funds under sub. (2) shall comply with all of the following requirements:
46.96(3m)(a)1.1. The independent living center shall have a board of directors that is the principal governing body of the independent living center.
46.96(3m)(a)2.2. Severely disabled individuals shall be substantially involved in policy direction and management of the independent living center and shall be employed by the independent living center.
46.96(3m)(a)3.3. The independent living center shall offer severely disabled individuals a combination of independent living services that includes, as appropriate, those services that assist severely disabled individuals to increase personal self-determination and to minimize unnecessary dependence upon others.
46.96(3m)(am)(am) Notwithstanding par. (a), all of the following apply: