55.18(2)(c)(c) Provide the information required under par. (b) to the individual and to the individual’s guardian in writing.
55.18(2)(d)(d) Review the individual’s condition, placement, and rights with the individual’s guardian.
55.18(2)(e)(e) Ascertain whether the individual wishes to exercise any of his or her rights under sub. (3) (b), (c), or (d).
55.18(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 protective placement under s. 55.08 (1) and whether the protective placement is in the least restrictive environment that is consistent with the individual’s needs. The report shall also state whether any of the following apply:
55.18(2)(f)1.1. An evaluation under sub. (3) (b) is requested by the individual or the individual’s guardian ad litem or guardian.
55.18(2)(f)2.2. The individual or the individual’s guardian requests modification or termination of the protective placement.
55.18(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.
55.18(2)(f)4.4. The individual or the individual’s guardian or guardian ad litem requests a hearing that meets the requirements of s. 55.10 (2) to (4) for the individual.
55.18(2)(g)(g) Certify to the court that he or she has complied with the requirements of pars. (a) to (e).
55.18(3)(3)Court review of reports; hearing; order.
55.18(3)(a)(a) The court that ordered protective placement for an individual under s. 55.12 shall review the report of the guardian ad litem under sub. (2) (f), the report filed under sub. (1) (a) 1., and the report required under s. 54.25 (1) (a).
55.18(3)(b)(b) The court shall order an evaluation, by a person who is not an employee of the county department of the physical, mental, and social condition of the individual and the service needs of the individual that is independent of the review performed under sub. (1) (a) if any of the following apply:
55.18(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).
55.18(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.
55.18(3)(b)3.3. The individual or the individual’s guardian or guardian ad litem so requests.
55.18(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 under sub. (1) (a).
55.18(3)(br)(br) The court shall order that the county department obtain any other necessary information with respect to the individual.
55.18(3)(c)(c) The court shall refer an individual for appointment of legal counsel under s. 55.105 if any of the following apply:
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 (2) to (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 (2) to (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.