Note: Sections 42 and 44 to 48 amend various standards in current law relating to emergency detention and involuntary commitment for treatment, by providing that a showing of a substantial probability of harm to the person does not exist if the person may be provided protective placement or protective services under ch. 55.
264,49
Section
49
. 51.20 (7) (d) 1. (intro.) of the statutes is amended to read:
51.20 (7) (d) 1. (intro.) If the court determines after hearing that there is probable cause to believe that the subject individual is a fit subject for guardianship and protective placement or services, the court may, without further notice, appoint a temporary guardian for the subject individual and order temporary protective placement or services under ch. 55 for a period not to exceed 30 days, and shall proceed as if petition had been made for guardianship and protective placement or services. If the court orders only temporary protective services for a subject individual under this paragraph, the individual shall be provided care only on an outpatient basis. The court may order psychotropic medication as a temporary protective service under this paragraph if it finds that there is probable cause to believe that the allegations under s. 880.07 (1m) (c) and (cm) 55.14 (3) (e) apply, that the individual is not competent to refuse psychotropic medication and that the medication ordered will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for and participate in subsequent legal proceedings. An individual is not competent to refuse psychotropic medication if, because of chronic serious and persistent mental illness, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to the individual, one of the following is true:
264,50
Section
50. 51.20 (7) (d) 1. b. of the statutes is amended to read:
51.20 (7) (d) 1. b. The individual is substantially incapable of applying an understanding of the advantages, disadvantages and alternatives to his or her chronic serious and persistent mental illness in order to make an informed choice as to whether to accept or refuse psychotropic medication.
264,51
Section
51
. 51.35 (4m) (intro.) of the statutes is amended to read:
51.35 (4m) Transfer or discharge of persons with chronic serious and persistent mental illness. (intro.) The department or county department under s. 51.42 or any person authorized to discharge or transfer patients under this section shall, prior to the discharge of a patient with chronic serious and persistent mental illness from an inpatient facility, or prior to the transfer of a patient with chronic serious and persistent mental illness from inpatient to outpatient status, with the patient's permission if the patient is a voluntary patient, do all of the following:
Note: Sections 49 to 51 revise the term "chronic mental illness" to "serious and persistent mental illness".
264,52
Section
52. 51.39 of the statutes is amended to read:
51.39 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 55.06 or ch. 55, 971, 975, or 980 or transferred under s. 51.35 (3) or 51.37 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.
Note: Changes various cross-references regarding protective placement and transfer of a person who is protectively placed.
264,53
Section
53. 51.40 (2) (intro.) of the statutes is amended to read:
51.40 (2) Determination of residence. (intro.) For purposes of determining responsibility for funding the provision of services under chs. 46, 51 and 55, the county of residence of individuals aged 18 or older with developmental disability or chronic serious and persistent mental illness in state facilities or nursing homes shall be determined as follows:
Note: Revises the term "chronic mental illness" to "serious and persistent mental illness".
264,54
Section
54. 51.40 (2) (a) 1. of the statutes is amended to read:
51.40 (2) (a) 1. `Commitment or protection protective placement.' If an individual is under a court order of commitment under this chapter or protective placement 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 commitment or protective placement 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.
Note: Changes a cross-reference to the procedure for protective placement, the provisions of which are renumbered in this bill.
264,55
Section
55. 51.40 (2) (a) 2. of the statutes is amended to read:
51.40 (2) (a) 2. `Placement by a county.' 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 55.06 (11)
emergency protective placement under s. 55.135, if a county department or an agency of a county department arranges or makes placement of the individual into a state facility or nursing home, the individual is a resident of the county of that county department. Any agency of the county department is deemed to be acting on behalf of the county department in arranging or making placement.
Note: Changes a cross-reference to emergency protective placement, the provisions of which are renumbered in this bill.
264,56
Section
56. 51.42 (1) (b) of the statutes is amended to read:
51.42 (1) (b) County liability. The county board of supervisors has the primary responsibility for the well-being, treatment and care of the mentally ill, developmentally disabled, alcoholic and other drug dependent citizens residing within its county and for ensuring that those individuals in need of such emergency services found within its county receive immediate emergency services. This primary responsibility is limited to the programs, services and resources that the county board of supervisors is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds. County liability for care and services purchased through or provided by a county department of community programs established under this section shall be based upon the client's county of residence except for emergency services for which liability shall be placed with the county in which the individual is found. For the purpose of establishing county liability, "emergency services" includes those services provided under the authority of s. 55.05 (4), 2003 stats., or s. 55.06 (11) (a), 2003 stats., or s. 51.15, 51.45 (11) (a) or (b) or (12), 55.05 (4) or 55.06 (11) (a) 55.13, or 55.135 for not more than 72 hours. Nothing in this paragraph prevents recovery of liability under s. 46.10 or any other statute creating liability upon the individual receiving a service or any other designated responsible party, or prevents reimbursement by the department of health and family services for the actual cost of all care and services from the appropriation under s. 20.435 (7) (da), as provided in s. 51.22 (3).
Note: Changes cross-references to emergency protective services, the provisions of which are renumbered in this bill.
264,57
Section
57. 51.42 (3) (ar) 4. d. of the statutes is amended to read:
51.42 (3) (ar) 4. d. Related research and staff in-service training, including periodic training on emergency detention procedures under s. 51.15, emergency protective services under s. 55.13, and emergency protective placement procedures under s. 55.06 (11) 55.135, for individuals persons within the jurisdiction of the county department of community programs who are authorized to take persons individuals into custody under ss. 51.15 and 55.06 (11) 55.135. In developing in-service training on emergency detention and emergency protective placement procedures, the county department of community programs shall consult the county department of developmental disabilities services under s. 51.437 in counties where these departments are separate.
Note: Changes cross-references to emergency protective services and emergency protective placement, the provisions of which are renumbered in this bill.
264,58
Section
58. 51.42 (3) (e) of the statutes is amended to read:
51.42 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), any subunit of a county department of community programs acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of community programs, with a resource center, care management organization or family care district, or with any person providing services to the client under a purchase of services contract with the county department of community programs or with a resource center, care management organization or family care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of community programs to coordinate the delivery of services to the client.
Note: Changes a cross-reference to access to records in protective placement and services cases, the provisions of which are renumbered in this bill.