Chapter 55 — PROTECTIVE SERVICE SYSTEM

55.001 Declaration of policy. The legislature recognizes that many citizens of the state, because of serious and persistent mental illness, degenerative brain disorder, developmental disabilities, or other like incapacities, are in need of protective services or protective placem…

55.01 Definitions. In this chapter: (1) “Abuse” has the meaning given in s. 46.90 (1) (a). (1d) “Activated power of attorney for health care” means a power of attorney for health care that has taken effect in the manner specified in s. 155.05 (2). (1e) “Adult at risk” means any a…

55.02 Protective services and protective placement: duties. (1) DEPARTMENT DUTIES. (a) The department shall do all of the following: 1. Cooperate with county departments to develop and operate a coordinated, statewide system for protective services and protective placement. The p…

55.045 Funding. Except as provided in s. 49.45 (30m) (a), the appropriate county department shall within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, provide for the reasonable program needs of individuals w…

55.05 Voluntary protective services. (1) PREFERENCE. The department in administering the protective services program shall contract with county departments and other agencies. If the county department contracts for protective services, the department and the county departments sh…

55.055 Admissions initially made without court involvement. (1) (a) The guardian of an individual who has been adjudicated incompetent may consent to the individual’s admission to a foster home, group home, or community-based residential facility, as defined under s. 50.01 (1g), …

55.06 Protective services and protective placement; eligibility. To be eligible for court-ordered protective placement or protective services, an individual shall have filed a petition to transfer a foreign guardianship, whether present in the state or not, or shall be a resident…

55.075 Protective services or protective placement; petition. Except as provided in s. 971.14 (6) (b): (1) WHO MAY PETITION. The department, the county department or an agency with which the county department contracts under s. 55.02 (2), a guardian, or an interested person may f…

55.08 Protective services or protective placement: standards. (1) PROTECTIVE PLACEMENT. A court may under s. 55.12 order protective placement for an individual who meets all of the following standards: (a) The individual has a primary need for residential care and custody. (b) Th…

55.09 Notice of petition and hearing for protective services or placement. (1) NOTICE TO INDIVIDUAL. Notice of a petition for protective placement or protective services shall be served upon the individual sought to be protected, by personal service, at least 10 days before the t…

55.10 Hearing on petition for protective services or protective placement. (1) TIME LIMITS. A petition for protective placement or protective services shall be heard within 60 days after it is filed unless an extension of this time is requested by the petitioner, the individual s…

55.105 Appointment of counsel. (1) In any situation under this chapter in which an adult individual has a right to be represented by legal counsel, the individual shall be referred as soon as practicable to the state public defender, who shall appoint counsel for the individual u…

55.107 Reimbursement of counsel provided by the state. (1) At or after the conclusion of a proceeding under this chapter in which the state public defender has provided legal counsel for an adult individual, the court may inquire as to the individual’s ability to reimburse the st…

55.11 Comprehensive evaluation; recommendations; statements. (1) Before ordering protective placement or protective services for any individual, the court shall require a comprehensive evaluation of the individual sought to be protected, if such an evaluation has not already been…

55.12 Order for protective services or protective placement. (1) When ordering protective placement under the standards specified in s. 55.08 (1) or protective services under the standards specified in s. 55.08 (2), the court, on the basis of the evaluation and other relevant evi…

55.13 Emergency protective services. (1) Emergency protective services may be provided for not more than 72 hours when there is reason to believe that, if the emergency protective services are not provided, the individual entitled to the services or others will incur a substantia…

55.135 Emergency and temporary protective placement. (1) If, from personal observation of, or a reliable report made by a person who identifies himself or herself to, a sheriff, police officer, fire fighter, guardian, if any, or authorized representative of a county department or…

55.14 Involuntary administration of psychotropic medication. (1) In this section: (a) “Involuntary administration of psychotropic medication” means any of the following: 1. Placing psychotropic medication in an individual’s food or drink with knowledge that the individual protest…

55.15 Transfer of an individual under a protective placement order. (1) TRANSFERS AUTHORIZED. An individual under a protective placement order may be transferred between protective placement units, between protective placement facilities, or from a protective placement unit to a …

55.16 Modification of an order for protective placement or protective services. (1) USE OF TRANSFER PROVISIONS. If a petitioner is an entity authorized under s. 55.15 (2) to transfer an individual under a protective placement and the modification sought is a transfer of an indivi…

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…

55.175 Discharge from protective placement. Prior to discharge of an individual from a protective placement, the county department that is responsible for protective placement shall review the need for continuing protective services, continuation of full or limited guardianship, …

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 (9) (a), 2003 stats.: (1)…

55.19 Annual review of order authorizing involuntary administration of psychotropic medication. All of the following shall be performed annually with respect to any individual who is subject to an order under s. 55.14 or an order initially issued under s. 880.33 (4r), 2003 stats.…

55.195 Duties of guardian ad litem for protective services reviews. In any review of a protective services order made under s. 55.12, except as provided in s. 55.19 (2), the guardian ad litem shall do all of the following: (1) Interview the ward to explain the review procedure, t…

55.20 Appeals. An appeal may be taken to the court of appeals from a final judgment or final order under this chapter within the time period specified in s. 808.04 (3) and in accordance with s. 809.30 by the subject of the petition or the individual’s guardian, by any petitioner,…

55.21 Centers for the developmentally disabled. Protective placements to centers for the developmentally disabled and discharges from such institutions shall be in compliance with s. 51.35 (4). History: 2005 a. 264 s. 153.

55.22 Records. (1) No records of the court pertaining to protective services or protective placement proceedings, including evaluations, reviews and recommendations prepared under s. 55.11 (1) (c), are open to public inspection but any record is available to all of the following:…

55.23 Patients’ rights. (1) The rights and limitations upon rights, procedures for enforcement of rights, and penalties prescribed in s. 51.61 apply to individuals who receive services under this chapter, whether on a voluntary or involuntary basis. (2) A parent who has been deni…