Section 55.17. Termination of an order for protective placement or protective services.

 

(1)   Petition. An individual, the individual's guardian or guardian ad litem, the department, a county department or agency with which it contracts under s. 55.02 (2) , or any other interested person may file a petition at any time for termination of an order for protective placement or protective services. The petition shall be served on the individual; the individual's guardian; the individual's attorney and guardian ad litem, if any; and the county department. The petition shall allege that the individual no longer meets the standards under s. 55.08 (1) for court-ordered protective placement or under s. 55.08 (2) for court-ordered protective services.

(2)   Hearing. A hearing under this section shall comply with s. 55.16 (3) .

(3)   Order for individual under protective placement. After a hearing under sub. (2) on a petition for termination of an order for protective placement, the court shall make one of the following orders and shall include in the order the information relied on as a basis for that order:

(a) If the court finds that the individual continues to meet the standards under s. 55.08 (1) and the individual's protective placement is in the least restrictive environment that is consistent with the requirements of s. 55.12 (3) , (4) , and (5) , the court shall order continuation of the individual's protective placement in the facility in which he or she resides at the time of the hearing.

(b) 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 make an order specified in s. 55.16 (4) (b) .

(c) If 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, all of the following shall apply:

1. The court shall review the needs of the individual with respect to protective services. If the court determines that the individual meets the standards for protective services under s. 55.08 (2) , the court may order protective services. The services shall be provided in the least restrictive manner consistent with the requirements of s. 55.12 (3) , (4) , and (5) .

2. If the court determines that the individual does not meet the standards for protective services under s. 55.08 (2) , and the individual is being transferred or discharged from his or her current residential facility, the county department shall assist the residential facility with discharge planning for the individual, including planning for a proper residential living arrangement and the necessary support services for the individual.

3. Any individual whose protective placement is terminated under this paragraph may reside in his or her current protective placement facility for up to 60 days after a determination under subd. 1. or 2. in order to arrange for an alternative living arrangement. If the protective placement facility has fewer than 16 beds, the individual may remain in the protective placement facility as long as the requirements of s. 55.055 are met. Admission by the individual, if an adult, to another residential facility shall be made under s. 55.055 .

(4)   Order for individual receiving court-ordered protective services.

(a) After a hearing under sub. (2) on a petition for termination of an order for protective services, other than an order under s. 55.14 , the court shall make one of the following orders and shall include in the order the information relied on as a basis for that order:

1. If the individual continues to meet the standards under s. 55.08 (2) and the protective services ordered for the individual are provided in the least restrictive manner that is consistent with the requirements of s. 55.12 (3) , (4) , and (5) , the court shall continue the order for protective services.

2. If the individual continues to meet the standards under s. 55.08 (2) and the protective services ordered for the individual are not provided in the lease restrictive manner that is consistent with the requirements of s. 55.12 (3) , (4) , and (5) , the court shall make an order for protective services as provided in s. 55.16 (5) (a) 2.

3. If the individual no longer meets the standards for protective services under s. 55.08 (2) , the court shall terminate the order for protective services.

(b) After a hearing under sub. (2) on a petition for termination of an order under s. 55.14 , the court shall make one of the orders required under s. 55.19 (3) (e) and shall include in the order the information relied on as a basis for that order.

2005 a. 264 ss. 142 , 168 ; 2007 a. 45 . Under s. 55.17, the court may order a termination of a protective placement only if the standards in s. 55.08 (1) are no longer met; if they are met, the court must order a continuation, though it may change the placement if the person is not in the least restrictive setting. Nowhere does s. 55.17 provide that the court may terminate an order for protective placement if under s. 55.055 (1) the person could remain in the facility without a protective order. Jackson Co. Department of Health and Human Services v. Susan H. 2010 WI App 82 , 326 Wis. 2d 246 , 785 N.W.2d 677 , 09-1997 .