55.18 Annual review of protective placement.
532 words·~2 min read·
/wi/chapter-55/55-18A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
55.18 Annual review of protective placement. All of the following shall be performed with respect to any individual who is subject to an order for protective placement under s. 55.12 or to an order for protective placement initially issued under s. 55.06
(a), 2003 stats.:
(1)County department performance of review.
(a)The county department of the individual’s county of residence shall, except as provided in sub.
(1m), annually review the status of each individual who has been provided protective placement. The review shall include a visit to the individual and a written evaluation of the physical, mental and social condition of the individual and the service needs of the individual. The review shall be made a part of the permanent record of the individual. The county department shall inform the guardian of the individual of the review at the time the review is made and shall, before completing a report of the review, invite the individual and the guardian to submit comments or information concerning the individual’s need for protective placement or protective services. Not later than the first day of the 11th month after the initial order is made for protective placement for an individual and, except as provided in par.
(b), annually thereafter, the county department shall do all of the following:
1. File a report of the review with the court that ordered the protective placement. The report shall include information on all of the following:
a. The functional abilities and disabilities of the individual at the time the review is made, including the needs of the individual for health, social, or rehabilitation services, and the level of supervision needed.
b. The ability of community services to provide adequate support for the individual’s needs.
c. The ability of the individual to live in a less restrictive setting.
d. Whether sufficient services are available to support the individual and meet the individual’s needs in the community and if so, an estimate of the cost of the services, including the use of county funds.
e. Whether the protective placement order should be terminated or whether the individual should be placed in another facility with adequate support services that places fewer restrictions on the individual’s personal freedom, is closer to the individual’s home community, or more adequately meets the individual’s needs, including any recommendation that is made during the reporting period by the county department with respect to termination of the protective placement or placement of the individual in another facility.
f. The comments of the individual and the individual’s guardian during the performance of the review, as summarized by the county department, and the response of the county department to the comments.
g. The comments, if any, of a staff member at the facility in which the individual is placed that are relevant to the review of the individual’s placement.
2. File with the court under subd. 1. a petition for annual review by the court of the protective placement ordered for the individual.
3. Provide the report under subd. 1. to the individual and the guardian of the individual, and to the individual’s agent under an activated power of attorney for health care, if any.