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.
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.
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.
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.
Failure 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
Abuse and Neglect in Long-term Care Facilities: The Civil Justice System's Response. Studinski. Wis. Law. Aug. 2004.
Preventing Abuse and Neglect in Health Care Settings: The Regulatory Agency's Responsibility. Dawson. Wis. Law. Aug. 2004.
Seeking Justice in Death's Waiting Room: Barriers to Effectively Prosecuting Crime in Long-term Care Facilities. Hanrahan. Wis. Law. Aug. 2004.
A Response: Issues Affecting Long-term Care. Purtell. Wis. Law. Oct. 2004.
Adult Protective Services: On the Front Line Against Elder Abuse. Page. Wis. Law. June 2020.
Referral 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.
History: 2017 a. 250
Independent living center grants; independent living services. 46.96(1)(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.
“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.
The department shall make grants from the appropriations under s. 20.435 (1) (cx)
and (7) (na)
to independent living centers for nonresidential services to severely disabled individuals.
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.
By July 1, 1994, an independent living center that receives funds under sub. (2)
shall comply with all of the following requirements:
The independent living center shall have a board of directors that is the principal governing body of the independent living center.
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.
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.
Any independent living center that first receives funding under this section after June 21, 1996, shall comply with requirements that are specified under 29 USC 796f-4
Any independent living center that is receiving funding under this section on June 21, 1996, shall comply with requirements under 29 USC 796f-4
by July 1, 1998.
The department shall periodically review independent living centers and identify instances of noncompliance with the requirements of par. (a)
, if any. If the department identifies an instance of noncompliance, the department shall direct the noncomplying independent living center to comply within a reasonable period of time, which may not be less than 60 days after the date of the directive.
Primary health for homeless individuals. 46.972(1)(1)
In this subsection, “primary health services" has the meaning given in 42 USC 254c
From the appropriation account under s. 20.435 (1) (ce)
, the department shall award up to $125,000 in each fiscal year as grants to applying public or nonprofit private entities for the costs of providing primary health services and any other services that may be funded by the program under 42 USC 256
to homeless individuals. Entities that receive funds awarded by the department under this paragraph shall provide the primary health services as required under 42 USC 256
(f). The department may award to an applying entity up to 100 percent of the amount of matching funds required under 42 USC 256
Drug dependence program. 46.973(1)(b)
“Drug abuse" means the use of a drug in such a manner as to endanger the public health, safety or welfare.
“Drug dependence" means a condition arising from the periodic or continuous use of a drug which may result in psychic or physical dependence which would affect or potentially affect the public health, safety or welfare.
A drug dependence and drug abuse program is established in the department. The secretary may develop and carry out programs concerned with education about and prevention of drug dependence and drug abuse, and programs concerned with treatment and rehabilitation of drug dependent persons and persons who abuse drugs. The secretary shall appoint a drug dependence program coordinator to handle liaison with other departments and agencies, including the state council on alcohol and other drug abuse. These programs may include, but are not limited to:
Education regarding use of drugs and the prevention of drug dependence and drug abuse.
Diagnosis, treatment and rehabilitation of patients who are drug dependent persons or persons who abuse drugs.
Development of standards and provision of consultation for local drug dependence and drug abuse programs.
Evaluation of programs conducted pursuant to the authority of this subsection as to their effectiveness and relationship to the public health, safety and welfare and the development of improved techniques for the prevention and treatment of drug dependence and drug abuse.
Promotion and establishment of cooperative relationship with public and private agencies which have a responsibility for the prevention and treatment of drug dependence and drug abuse.
Within the availability of funding, the department shall establish a program that includes, but is not limited to all of the following:
Collection and analysis of data on drug abuse treatment from all approved public and private treatment facilities as defined in s. 51.45 (2) (b)
which shall include, but not be limited to, all of the following information:
The total number of persons who received treatment for drug abuse statewide.
The type and amount of treatment that persons receive from alcohol and other drug abuse provider facilities.
The primary drug of abuse, the primary means of administration of drugs and the diagnosis of clients.
The number of persons on waiting lists for alcohol and other drug abuse provider facilities.
The sources and amounts of federal, state, local, insurance and private financing of alcohol and other drug abuse treatment programs.
Collection of data which indicates the extent of illicit drug use, the prevalence of drug abuse and which illicit drugs are available and being abused. Data shall be collected from law enforcement agencies, courts, criminal justice agencies, emergency medical treatment providers, other medical care facilities and agencies designated by the department.
A report summarizing the data collected under pars. (a)
which shall be written annually and submitted to the state council on alcohol and other drug abuse by June 30 of every year and which shall include all of the following:
The nature and extent of this state's drug abuse problems.
The use and abuse of each controlled substance or controlled substance analog specified in ch. 961
The changes in the use and abuse of drugs noted by the facilities specified in par. (a) (intro.)
including those changes resulting from initiatives of the state council on alcohol and other drug abuse or other state agencies.
The department may accept, receive, administer, and expend any money, material, or other gifts or grants of any description for purposes related to those set forth in this section. Moneys and grants received under this section shall be deposited with the secretary of administration and shall be credited to the department under s. 20.435 (2) (i)
and expended by the department or the state council on alcohol and other drug abuse for the purposes specified.
Grant and funding program; services related to alcohol and other drug abuse. 46.975(1)(1)
In this section, “organization" means a nonprofit corporation or a public agency that proposes to provide services for individuals with alcohol or other drug abuse problems.
(2) Distribution of funds.
The department shall allocate funds for programs as follows:
The department shall make grants to applying community-based organizations to provide in-home and community-based alcohol and other drug abuse intervention, treatment or family support services directed at low-income Hispanics and Black Americans in urban areas and make funds available to any of the federally recognized tribal governing bodies in this state to increase the capacity of reservations to provide outpatient, intervention, treatment or family support services for alcohol and other drug abusers.
The department shall make a grant to an applying organization to implement an alcohol and other drug abuse treatment program which meets the special needs of women with alcohol or other drug abuse problems.
The department shall make grants to applying organizations for the purpose of organizing community initiatives to combat alcohol and other drug abuse in youth.
History: 1987 a. 339
Guardianship grants. 46.977(2)(am)
From the appropriation under s. 20.435 (1) (cg)
, the department may under this section, based on the criteria under par. (c)
, award grants to applying organizations for the purpose of training and assisting guardians for individuals found incompetent under ch. 54
. No grant may be paid unless the awardee provides matching funds equal to 10 percent of the amount of the award.
Organizations awarded grants under par. (am)
shall do all of the following:
Provide training and technical assistance on guardianship issues.
Provide technical assistance to recruited guardians in performing their duties.
In reviewing applications for grants under par. (am)
, the department shall consider the extent to which the proposed program will effectively train and assist guardians for individuals found incompetent under ch. 54
The department shall award a grant to develop, administer, and conduct the guardian training required under s. 54.26
The department shall require the grantee to have expertise in state guardianship law, experience with technical assistance and support to guardians and wards, and knowledge of common challenges and questions encountered by guardians and wards.
The grantee selected to develop training that meets the requirements under s. 54.26 (1)
shall develop plain language, web-based online training modules using adult-learning design principles that can be accessed for free by training topic and in formats that maximize accessibility, with printed versions available for free upon request.
Respite care program. 46.986(1)(a)
“Abuse" means the willful infliction on a person of physical pain or injury or unreasonable confinement.
“Caregiver" means an individual who lives in the home of a person with special needs and provides care or supervision for that person.