LRB-0122/1
DAK:cjs:jf
2007 - 2008 LEGISLATURE
April 19, 2007 - Introduced by Senators Olsen, Miller, Erpenbach, Roessler,
Risser
and Plale, cosponsored by Representatives Townsend, Jeskewitz,
Hahn, M. Williams, Hines, Pridemore, Musser, Berceau, Strachota, Mursau,
Petrowski, Sherman
and Krusick. Referred to Committee on Judiciary and
Corrections.
SB153,2,22 1An Act to repeal 54.25 (4) (a), 54.40 (4) (am), 54.40 (4) (ar), 54.40 (4) (dm) and
2146.40 (1) (am); to renumber and amend 54.25 (2) (d) 2. a. and 54.25 (4) (b);
3to consolidate and renumber 54.25 (2) (c) 4. and 5.; to amend 46.90 (1) (eg)
41., 46.90 (1) (eg) 2., 46.90 (1) (eg) 3., 46.90 (5m) (a), 46.90 (5m) (br) 2., 46.90 (6)
5(bt) 8., 48.368 (1), 48.415 (3) (a), 50.06 (2) (d) 3., 51.30 (4) (b) 17., 54.01 (13), 54.10
6(3) (d), 54.15 (intro.), 54.15 (5), 54.15 (6), 54.19 (1), 54.19 (8), 54.25 (2) (b) 4.,
754.25 (2) (d) 2. n., 54.40 (4) (c), 54.40 (4) (ds), 54.44 (1) (a), 54.44 (2), 54.44 (4)
8(title), 54.44 (4) (a), 54.44 (4) (b), 54.48, 54.52 (2), 54.62 (1) (title), 54.64 (3) (a),
954.93 (1) (b), 55.01 (1f), 55.01 (6p), 55.01 (6r) (k), 55.03 (3), 55.043 (1r) (a) 2.,
1055.043 (4) (am), 55.043 (4) (b) 1., 55.043 (6) (bt) 8., 55.075 (1), 55.075 (3), 55.075
11(5) (bm), 55.08 (2) (a), 55.08 (2) (b), 55.09 (1), 55.10 (4) (intro.), 55.10 (4) (a), 55.12
12(6), 55.13 (2), 55.135 (4), 55.135 (5), 55.15 (2), 55.16 (3) (c), 55.17 (1), 55.18 (1)
13(b), 55.18 (2) (a), 55.18 (2) (b) 6., 55.18 (2) (f) 4., 55.18 (3) (a), 55.18 (3) (d) (intro.),
1455.195 (4), 55.195 (5), 55.195 (6), 560.9811 (1), 813.123 (2) (b), 813.123 (4) (ar)

11., 813.123 (5) (a) 3. b., 813.123 (5) (ar) 1., 813.123 (5) (c) 1., 813.123 (7) and
2940.285 (1m); to repeal and recreate 46.21 (2m) (c), 46.215 (1m), 46.22 (1)
3(dm), 46.23 (3) (e), 46.286 (3) (a) 3., 49.001 (8), 50.06 (2) (c), 51.01 (5) (a), 51.01
4(14t), 51.03 (3) (a) 6., 51.10 (8), 51.20 (7) (d) 1., 51.40 (2) (a) 1., 51.40 (2) (a) 2.,
551.42 (3) (e), 51.437 (4r) (b), 54.01 (8), 54.25 (1) (a), 54.25 (1) (b) (intro.), 54.36
6(1), 54.38 (2) (a), 54.40 (1), 54.42 (1) (a) (intro.), 54.42 (1) (c), 54.46 (3) (a), 54.75,
755.01 (1v), 55.01 (2), 55.01 (6v), 55.02, 55.03 (1), 55.043 (1r) (b) 2., 55.043 (1r)
8(c) 2. c., 55.043 (4) (b) 2., 55.055 (1) (a), 55.055 (1) (b), 55.055 (3) (c), 55.06, 55.075
9(5) (a), 55.08 (1) (b), 55.08 (1) (c), 55.10 (4) (b), 55.11 (1) (c), 55.135 (1), 55.14 (1)
10(b) (intro.), 55.14 (2), 55.14 (3) (c), 55.14 (3) (e) (intro.), 55.14 (3) (e) 1., 55.14 (5),
1155.14 (6), 55.14 (7), 55.14 (8) (a), 55.14 (9), 55.14 (10), 55.14 (11), 55.175, 55.19
12(intro.), 55.19 (1) (a) (intro.), 55.19 (1) (a) 1., 55.19 (1) (b), 55.19 (1) (bm), 55.19
13(1) (c), 55.19 (1m), 55.19 (2) (b) 3., 55.19 (2) (b) 5., 55.19 (2) (b) 6., 55.19 (2) (c),
1455.19 (2) (f) 4., 55.19 (2) (g), 55.19 (3) (b) (intro.), 55.19 (3) (bm), 55.19 (3) (br),
1555.19 (3) (d) (intro.), 55.19 (3) (e) 1., 55.19 (3) (e) 2., 55.19 (3) (e) 3., 55.195
16(intro.), 55.22 (2), 146.82 (2) (a) 7., 609.65 (1) (intro.), 757.69 (1) (h), 813.123 (3)
17(b), 813.123 (4) (a) (intro.), 813.123 (4) (a) 2. a., 813.123 (5) (a) (intro.) and
18813.123 (6) (c); and to create 54.44 (5), 54.44 (5m) (title), 940.295 (1) (cr) and
19940.295 (1) (hr) of the statutes; relating to: protective placements and
20protective services; involuntary administration of psychotropic medication;
21guardianships, conservatorships, and wards; and services for adults at risk and
22elder adults at risk.
Analysis by the Legislative Reference Bureau
With respect to the laws relating to protective placements and protective
services, involuntary administration of psychotropic medication, guardianships,

conservatorships, wards, and services for adults at risk and elder adults at risk, this
bill reconciles 2005 Wisconsin Acts 264, 387, and 388, as to provisions that were
mutually inconsistent and therefore could not be reconciled by the revisor of statutes
in preparing the statutes. The bill makes numerous and diverse minor changes to
correct incorrect cross-references, to align inconsistent provisions, to give effect to
certain provisions superceded by subsequent acts, and to make more uniform the
definitions of "developmental disability," "degenerative brain disorder," "serious and
persistent mental illness," and "voluntary."
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB153, s. 1 1Section 1. 46.21 (2m) (c) of the statutes, as affected by 2005 Wisconsin Acts
2264
and 388, is repealed and recreated to read:
SB153,3,183 46.21 (2m) (c) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78
4(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7) and 253.07
5(3) (c), a subunit of a county department of human services or tribal agency acting
6under this subsection may exchange confidential information about a client, without
7the informed consent of the client, with any other subunit of the same county
8department of human services or tribal agency, with a resource center, a care
9management organization, or a family care district, with an elder-adult-at-risk
10agency, an adult-at-risk agency, or any agency to which referral for investigation is
11made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person providing services
12to the client under a purchase of services contract with the county department of
13human services or tribal agency or with a resource center, a care management
14organization, or a family care district, if necessary to enable an employee or service
15provider to perform his or her duties, or to enable the county department of human
16services or tribal agency to coordinate the delivery of services to the client. An agency
17that releases information under this paragraph shall document that a request for
18information was received and what information was provided.
SB153, s. 2
1Section 2. 46.215 (1m) of the statutes, as affected by 2005 Wisconsin Acts 264,
2388 and 406, is repealed and recreated to read:
SB153,4,193 46.215 (1m) Exchange of information; long-term care. Notwithstanding ss.
446.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82,
5252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a subunit of a county department of social
6services or tribal agency acting under this section may exchange confidential
7information about a client, without the informed consent of the client, with any other
8subunit of the same county department of social services or tribal agency, with a
9resource center, a care management organization, or a family care district, with an
10elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral
11for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person
12providing services to the client under a purchase of services contract with the county
13department of social services or tribal agency or with a resource center, a care
14management organization, or a family care district, if necessary to enable an
15employee or service provider to perform his or her duties, or to enable the county
16department of social services or tribal agency to coordinate the delivery of services
17to the client. An agency that releases information under this subsection shall
18document that a request for information was received and what information was
19provided.
SB153, s. 3 20Section 3. 46.22 (1) (dm) of the statutes, as affected by 2005 Wisconsin Acts
21264
, 388 and 406, is repealed and recreated to read:
SB153,5,1322 46.22 (1) (dm) Exchange of information; long-term care. Notwithstanding ss.
2346.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82,
24252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a subunit of a county department of social
25services or tribal agency acting under this subsection may exchange confidential

1information about a client, without the informed consent of the client, with any other
2subunit of the same county department of social services or tribal agency, with a
3resource center, a care management organization, or a family care district, with an
4elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral
5for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person
6providing services to the client under a purchase of services contract with the county
7department of social services or tribal agency or with a resource center, a care
8management organization, or a family care district, if necessary to enable an
9employee or service provider to perform his or her duties, or to enable the county
10department of social services or tribal agency to coordinate the delivery of services
11to the client. An agency that releases information under this paragraph shall
12document that a request for information was received and what information was
13provided.
SB153, s. 4 14Section 4. 46.23 (3) (e) of the statutes, as affected by 2005 Wisconsin Acts 264,
15388 and 406, is repealed and recreated to read:
SB153,6,716 46.23 (3) (e) Exchange of information; long-term care. Notwithstanding ss.
1746.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82,
18252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a subunit of a county department of
19human services or tribal agency acting under this section may exchange confidential
20information about a client, without the informed consent of the client, with any other
21subunit of the same county department of human services or tribal agency, with a
22resource center, a care management organization, or a family care district, with an
23elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral
24for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person
25providing services to the client under a purchase of services contract with the county

1department of human services or tribal agency or with a resource center, a care
2management organization, or a family care district, if necessary to enable an
3employee or service provider to perform his or her duties, or to enable the county
4department of human services or tribal agency to coordinate the delivery of services
5to the client. An agency that releases information under this paragraph shall
6document that a request for information was received and what information was
7provided.
SB153, s. 5 8Section 5. 46.286 (3) (a) 3. of the statutes, as affected by 2005 Wisconsin Acts
9264
and 388, is repealed and recreated to read:
SB153,6,1310 46.286 (3) (a) 3. Is functionally eligible at the intermediate level and is
11determined by an elder-adult-at-risk agency under s. 46.90 (2) or an adult-at-risk
12agency designated under s. 55.043 (1d) to be in need of protective services or
13protective placement under ch. 55.
SB153, s. 6 14Section 6. 46.90 (1) (eg) 1. of the statutes is amended to read:
SB153,6,1515 46.90 (1) (eg) 1. A guardian of the estate appointed under s. 880.03 s. 54.10.
SB153, s. 7 16Section 7. 46.90 (1) (eg) 2. of the statutes is amended to read:
SB153,6,1717 46.90 (1) (eg) 2. A conservator appointed under s. 880.31 s. 54.76.
SB153, s. 8 18Section 8. 46.90 (1) (eg) 3. of the statutes is amended to read:
SB153,6,2019 46.90 (1) (eg) 3. An agent under a financial power of attorney under s. 243.07
20ch. 243.
SB153, s. 9 21Section 9. 46.90 (5m) (a) of the statutes is amended to read:
SB153,7,822 46.90 (5m) (a) Upon responding to a report, the elder-adult-at-risk agency or
23the investigative agency shall determine whether the elder adult at risk or any other
24individual involved in the alleged abuse, financial exploitation, neglect, or
25self-neglect is in need of services under this chapter or ch. 47, 49, 51, 55 or 880 ch.

147, 49, 51, 54, or 55
. From the appropriation under s. 20.435 (7) (dh), the department
2shall allocate to selected counties not less than $25,000 in each fiscal year, and within
3the limits of these funds and of available state and federal funds and of county funds
4appropriated to match the state and federal funds, the elder-adult-at-risk agency
5shall provide the necessary direct services to the elder adult at risk or other
6individual or arrange for the provision of the direct services with other agencies or
7individuals. Those direct services provided shall be rendered under the least
8restrictive conditions necessary to achieve their objective.
SB153, s. 10 9Section 10. 46.90 (5m) (br) 2. of the statutes is amended to read:
SB153,7,1310 46.90 (5m) (br) 2. Take appropriate emergency action, including emergency
11protective placement under s. 55.06 s. 55.135, if the elder-adult-at-risk agency
12determines that the emergency action is in the best interests of the elder adult at risk
13and the emergency action is the least restrictive appropriate intervention.
SB153, s. 11 14Section 11. 46.90 (6) (bt) 8. of the statutes is amended to read:
SB153,7,1815 46.90 (6) (bt) 8. To the attorney or guardian ad litem for the elder adult at risk
16who is the alleged victim named in the record, to assist in preparing for any
17proceeding under ch. 48, 51, 55, 813, 880, 971, or 975 ch. 48, 51, 54, 55, 813, 971, or
18975
pertaining to the alleged victim.
SB153, s. 12 19Section 12. 48.368 (1) of the statutes is amended to read:
SB153,8,220 48.368 (1) If a petition for termination of parental rights is filed under s. 48.41
21or 48.415 or an appeal from a judgment terminating or denying termination of
22parental rights is filed during the year in which a dispositional order under s. 48.355,
23an extension order under s. 48.365, a voluntary agreement for placement of the child
24under s. 48.63, or a guardianship order under ch. 880, 2003 stats., or s. 48.977 or ch.
25880
ch. 54 is in effect, the dispositional or extension order, voluntary agreement, or

1guardianship order shall remain in effect until all proceedings related to the filing
2of the petition or an appeal are concluded.
SB153, s. 13 3Section 13. 48.415 (3) (a) of the statutes is amended to read:
SB153,8,104 48.415 (3) (a) The parent is presently, and for a cumulative total period of at
5least 2 years within the 5 years immediately prior to the filing of the petition has
6been, an inpatient at one or more hospitals as defined in s. 50.33 (2) (a), (b) or (c),
7licensed treatment facilities as defined in s. 51.01 (2) or state treatment facilities as
8defined in s. 51.01 (15) on account of mental illness as defined in s. 51.01 (13) (a) or
9(b) or, developmental disability as defined in s. 55.01 (2), or other like incapacities,
10as defined in s. 55.01
(5);
SB153, s. 14 11Section 14. 49.001 (8) of the statutes, as affected by 2005 Wisconsin Acts 264
12and 387, is repealed and recreated to read:
SB153,8,1513 49.001 (8) "Voluntary" means according to an individual's free choice, if
14competent, or by choice of his or her guardian if the individual is adjudicated
15incompetent.
SB153, s. 15 16Section 15. 50.06 (2) (c) of the statutes, as affected by 2005 Wisconsin Acts 264
17and 387, is repealed and recreated to read:
SB153,8,2018 50.06 (2) (c) A petition for guardianship for the individual under s. 54.34 and
19a petition under s. 55.075 for protective placement of the individual are filed prior
20to the proposed admission.
SB153, s. 16 21Section 16. 50.06 (2) (d) 3. of the statutes is amended to read:
SB153,9,222 50.06 (2) (d) 3. Comply with s. 55.135 if the requirements of s. 55.135 (1) are
23met and emergency protective placement in that facility or another facility is
24necessary or file a petition for protective placement under s. 55.075. The court, with

1the permission of the facility, may order the incapacitated individual to remain in the
2facility pending the outcome of the protective placement proceedings.
SB153, s. 17 3Section 17. 51.01 (5) (a) of the statutes, as affected by 2005 Wisconsin Acts 264,
4387 and 388, is repealed and recreated to read:
SB153,9,125 51.01 (5) (a) "Developmental disability" means a disability attributable to
6brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, mental
7retardation, or another neurological condition closely related to mental retardation
8or requiring treatment similar to that required for individuals with mental
9retardation, which has continued or can be expected to continue indefinitely and
10constitutes a substantial handicap to the afflicted individual. "Developmental
11disability" does not include dementia that is primarily caused by degenerative brain
12disorder.
SB153, s. 18 13Section 18. 51.01 (14t) of the statutes, as affected by 2005 Wisconsin Acts 264,
14387 and 388, is repealed and recreated to read:
SB153,9,2315 51.01 (14t) "Serious and persistent mental illness" means a mental illness that
16is severe in degree and persistent in duration, that causes a substantially diminished
17level of functioning in the primary aspects of daily living and an inability to cope with
18the ordinary demands of life, that may lead to an inability to maintain stable
19adjustment and independent functioning without long-term treatment and support,
20and that may be of lifelong duration. "Serious and persistent mental illness" includes
21schizophrenia as well as a wide spectrum of psychotic and other severely disabling
22psychiatric diagnostic categories, but does not include degenerative brain disorder
23or a primary diagnosis of a developmental disability or of alcohol or drug dependence.
SB153, s. 19 24Section 19. 51.03 (3) (a) 6. of the statutes, as affected by 2005 Wisconsin Acts
25264
and 387, is repealed and recreated to read:
SB153,10,3
151.03 (3) (a) 6. The number of individuals authorized to consent to involuntary
2administration of psychotropic medication under s. 55.14 (8) or for whom guardians
3were appointed under s. 880.33 (4m), 2003 stats.
SB153, s. 20 4Section 20. 51.10 (8) of the statutes, as affected by 2005 Wisconsin Acts 264
5and 387, is repealed and recreated to read:
SB153,10,106 51.10 (8) An adult for whom, because of incompetency, a guardian of the person
7has been appointed in this state may be voluntarily admitted to an inpatient
8treatment facility if the guardian consents after the requirements of sub. (4m) (a) 1.
9are satisfied or if the guardian and the ward consent to the admission under this
10section.
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