Wis. Stat. ch. 55

Protective Service System

Wisconsin Chapter 55 establishes a statewide protective services and protective placement system for adults who, due to serious and persistent mental illness, degenerative brain disorder, developmental disabilities, or other like incapacities, are unable to adequately care for themselves. The chapter sets out county and state department duties for planning, providing, and monitoring protective services and placements; creates an adult-at-risk agency framework for receiving, investigating, and responding to reports of abuse, neglect, financial exploitation, and self-neglect; and governs court-ordered protective placements, emergency placements, involuntary psychotropic medication, and related hearings and reviews. Facility operators and county agencies must follow mandatory reporting, investigation, confidentiality, and record-keeping requirements when serving adults at risk.

PROTECTIVE SERVICE SYSTEM 55.011 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
CHAPTER 55
PROTECTIVE SERVICE SYSTEM
55.001 Declaration of policy.
55.01 Definitions.
55.02 Protective services and protective placement: duties.
55.03 Status of guardian.
55.043 Adult-at-risk agency.
55.045 Funding.
55.05 Voluntary protective services.
55.055 Admissions initially made without court involvement.
55.06 Protective services and protective placement; eligibility.
55.075 Protective services or protective placement; petition.
55.08 Protective services or protective placement: standards.
55.09 Notice of petition and hearing for protective services or placement.
55.10 Hearing on petition for protective services or protective placement.
55.105 Appointment of counsel.
55.107 Reimbursement of counsel provided by the state.
55.11 Comprehensive evaluation; recommendations; statements.
55.12 Order for protective services or protective placement.
55.13 Emergency protective services.
55.135 Emergency and temporary protective placement.
55.14 Involuntary administration of psychotropic medication.
55.15 Transfer of an individual under a protective placement order.
55.16 Modification of an order for protective placement or protective services.
55.17 Termination of an order for protective placement or protective services.
55.175 Discharge from protective placement.
55.18 Annual review of protective placement.
55.19 Annual review of order authorizing involuntary administration of psy-
chotropic medication.
55.195 Duties of guardian ad litem for protective services reviews.
55.20 Appeals.
55.21 Centers for the developmentally disabled.
55.22 Records.
55.23 Patients’ rights.
NOTE: 2005 Wis. Act 264 made major revisions to this chapter and contains 
extensive explanatory notes.
Cross-reference: See s. 46.011 for definitions applicable to chs. 46, 50, 51, 54, 
55, and 58.
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 dis-
abilities, or other like incapacities, are in need of protective ser-
vices or protective placement. Except as provided in s. 49.45 
(30m) (a), the protective services or protective placement should, 
to the maximum degree of feasibility under programs, services 
and resources that the county board of supervisors or the Milwau-
kee County mental health board, as applicable, is reasonably able 
to provide within the limits of available state and federal funds 
and of county funds required to be appropriated to match state 
funds, allow the individual the same rights as other citizens, and 
at the same time protect the individual from financial exploita-
tion, abuse, neglect, and self-neglect. This chapter is designed to 
establish those protective services and protective placements, to 
assure their availability to all individuals when in need of them, 
and to place the least possible restriction on personal liberty and 
exercise of constitutional rights consistent with due process and 
protection from abuse, financial exploitation, neglect, and self-
neglect.
History: 1973 c. 284 ; 1979 c. 221 ; 1995 a. 92 ; 2003 a. 33 ; 2005 a. 264 , 388; 
2009 a. 180; 2013 a. 203.
Neither a district attorney nor a corporation counsel has a duty to petition for pro-
tective placement, determination of incompetency, or otherwise intervene when an 
apparently competent elderly person with a life threatening illness chooses to remain 
at home under a doctor’s and family care rather than seeking a higher level of care 
that might extend the person’s life. 74 Atty. Gen. 188.
Landmark Reforms Signed Into Law: Guardianship and Adult Protective Ser-
vices. Abramson & Raymond. Wis. Law. Aug. 2006.
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 man-
ner specified in s. 155.05 (2).
(1e) “Adult at risk” means any adult who has a physical or 
mental condition that substantially impairs his or her ability to 
care for his or her needs and who has experienced, is currently ex-
periencing, or is at risk of experiencing abuse, neglect, self-ne-
glect, or financial exploitation.
(1f) “Adult-at-risk agency” means the agency designated by 
the county board of supervisors under s. 55.043 (1d) to receive, 
respond to, and investigate reports of abuse, neglect, self-neglect, 
and financial exploitation under s. 55.043.
(1g) “Agency” means a county department or any public or 
private board, corporation or association which is concerned with 
the specific needs and problems of developmentally disabled, 
mentally ill, alcoholic, drug dependent or aging persons.
(1m) “Bodily harm” has the meaning given in s. 46.90 (1) 
(aj).
(1p) “Caregiver” has the meaning given in s. 46.90 (1) (an).
(1r) “County department”, except as otherwise provided, 
means a county department under s. 46.215, 46.22, 46.23, 51.42 
or 51.437 designated under s. 55.02.
(1v) “Degenerative brain disorder” means the loss or dys-
function of brain cells to the extent that the individual is substan-
tially impaired in his or her ability to provide adequately for his or 
her own care or custody or to manage adequately his or her prop-
erty or financial affairs.
(2) “Developmental disability” means a disability attribut-
able to intellectual disability, cerebral palsy, epilepsy, autism or 
another neurological condition closely related to an intellectual 
disability or requiring treatment similar to that required for indi-
viduals with an intellectual disability, which has continued or can 
be expected to continue indefinitely, substantially impairs an in-
dividual from adequately providing for his or her own care or cus-
tody, and constitutes a substantial handicap to the afflicted indi-
vidual. The term does not include dementia that is primarily 
caused by degenerative brain disorder.
(2r) “False representation” includes a promise that is made 
with the intent not to fulfill the promise.
(2s) “Financial exploitation” has the meaning given in s. 
46.90 (1) (ed).
(2t) “Great bodily harm” has the meaning given in s. 939.22 
(14).
(4) “Interested person” means any of the following:
(a) An adult relative or friend of an individual sought to be 
protected under this chapter.
(b) Any official or representative of a public or private 
agency, corporation or association concerned with the individ-
ual’s welfare.
(c) A health care agent, as defined in s. 155.01 (4).
(4g) “Intermediate facility” has the meaning given in s. 
46.279 (1) (b).
(4i) “Investigative agency” has the meaning given in s. 46.90 
(1) (er).
(4m) “Mental illness” means mental disease to the extent that 
an afflicted person requires care, treatment or custody for his or 
her own welfare or the welfare of others or of the community.
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 2 55.01 PROTECTIVE SERVICE SYSTEM
(4r) “Neglect” has the meaning given in s. 46.90 (1) (f).
(4t) “Nursing facility” has the meaning given in s. 46.279 (1) 
(c).
(5) “Other like incapacities” means those conditions incurred 
at any age which are the result of accident, organic brain damage, 
mental or physical disability or continued consumption or ab-
sorption of substances, producing a condition which substantially 
impairs an individual from adequately providing for his or her 
care or custody.
(6) “Protective placement” means a placement that is made to 
provide for the care and custody of an individual.
(6m) “Protective placement facility” means a facility to 
which a court may under s. 55.12 order an individual to be pro-
vided protective placement for the primary purpose of residential 
care and custody.
(6p) “Protective placement unit” means a ward, wing, or 
other designated part of a protective placement facility.
(6r) “Protective services” includes any of the following:
(a) Outreach.
(b) Identification of individuals in need of services.
(c) Counseling and referral for services.
(d) Coordination of services for individuals.
(e) Tracking and follow-up.
(f) Social services.
(g) Case management.
(h) Legal counseling or referral.
(i) Guardianship referral.
(j) Diagnostic evaluation.
(k) Any services that, when provided to an individual with de-
velopmental disabilities, degenerative brain disorder, serious and 
persistent mental illness, or other like incapacity, keep the indi-
vidual safe from abuse, financial exploitation, neglect, or self-ne-
glect or prevent the individual from experiencing deterioration or 
from inflicting harm on himself or herself or another person.
(6s) “Psychotropic medication” means a prescription drug, 
as defined in s. 450.01 (20), that is used to treat or manage a psy-
chiatric symptom or challenging behavior.
(6t) “Residence” means the voluntary concurrence of an indi-
vidual’s physical presence with his or her intent to remain in a 
place of fixed habitation. Physical presence is prima facie evi-
dence of intent to remain.
(6u) “Self-neglect” has the meaning given in s. 46.90 (1) (g).
(6v) “Serious and persistent mental illness” means a mental 
illness that is severe in degree and persistent in duration, that 
causes a substantially diminished level of functioning in the pri-
mary aspects of daily living and an inability to cope with the ordi-
nary demands of life, that may lead to an inability to maintain sta-
ble adjustment and independent functioning without long-term 
treatment and support, and that may be of lifelong duration. “Se-
rious and persistent mental illness” includes schizophrenia as 
well as a wide spectrum of psychotic and other severely disabling 
psychiatric diagnostic categories, but does not include degenera-
tive brain disorder or a primary diagnosis of a developmental dis-
ability or of alcohol or drug dependence.
(6vm) “State governmental agency” has the meaning given 
for “agency” in s. 16.417 (1) (a).
(6w) “State official” has the meaning given in s. 46.90 (1) 
(gr).
(6x) “Treatment facility” has the meaning given in s. 51.01 
(19).
(6y) “Voluntary” means according to an individual’s free 
choice, if competent, or by choice of a guardian, if adjudicated 
incompetent.
History: 1973 c. 284; 1975 c. 393, 430; 1979 c. 221; 1985 a. 29 s. 3200 (56); 
1985 a. 176; 1991 a. 316; 1993 a. 445; 2003 a. 33; 2005 a. 264, 387, 388; 2007 a. 45, 
96; 2011 a. 126.
Cross-reference: See also s. 46.011 for definitions applicable to chs. 46, 48 to 
51, 54, 55, and 58.
The guardian ad litem is an interested person. A guardian ad litem appointed by 
the circuit court to represent the ward’s best interest becomes an official of a public 
agency concerned with the person’s welfare by virtue of that appointment and falls 
within the definition of “interested person” in the protective placement system of 
this chapter. Linda L. v. Collis, 2006 WI App 105 , 294 Wis. 2d 637, 718 N.W.2d 
205, 05-0494.
Alzheimer’s disease is one type of a degenerative brain disorder. Ch. 51 includes 
the definition of degenerative brain disorder only to specifically exclude it from the 
chapter’s authority, whereas the definition under this chapter is used to include it in 
the scope of authority granted under this chapter. Rehabilitation is a necessary ele-
ment of treatment under ch. 51. Because there are no techniques that can be em-
ployed to bring about rehabilitation from Alzheimer’s disease, an individual with 
the disease cannot be rehabilitated. Accordingly, an Alzheimer’s patient is not a 
proper subject for ch. 51 treatment. Fond du Lac County v. Helen E.F., 2011 WI 
App 72, 333 Wis. 2d 740, 798 N.W.2d 707, 10-2061.
Affirmed. 2012 WI 50, 340 Wis. 2d 500, 814 N.W.2d 179, 10-2061.
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 oper-
ate a coordinated, statewide system for protective services and 
protective placement. The protective services and protective 
placement system shall be designed to encourage independent 
living and to avoid protective placement whenever possible.
2. Monitor and supervise the implementation and operation 
of the protective services and protective placement system.
3. Provide technical assistance to county departments pro-
viding protective services and protective placement.
4. Evaluate the protective services and protective placement 
system.
(b) The department may provide protective services and pro-
tective placement directly or contract for the provision of protec-
tive services or protective placement.
(2) COUNTY DEPARTMENT DUTIES. (a) The chairperson of 
each county board of supervisors shall designate a county depart-
ment under s. 46.215, 46.22, 46.23, 51.42, or 51.437 that is pro-
viding services in the county on its own or through a joint mech-
anism with another county department or county to have the re-
sponsibility for planning for the provision of protective services 
and protective placement and for directly providing protective 
services, protective placement, or both, or entering into a contract 
under s. 46.036 with a responsible agency for the provision of 
protective services, protective placement, or both.
(b) In addition to the responsibilities specified in par. (a), the 
county department shall:
1. Monitor and evaluate protective services and protective 
placements.
2. Prepare and submit reports required by the department, or 
by a court if protective services or protective placement are or-
dered by a court.
3. Develop requirements for submittal by guardians of the 
person of reports to the county department under s. 54.25 (1) (a).
4. Designate at least one appropriate medical facility or pro-
tective placement facility as an intake facility for the purpose of 
emergency protective placements under s. 55.135.
(3) CORPORATION COUNSEL. The corporation counsel of the 
county in which the petition is brought may or, if requested by the 
court, shall assist in conducting proceedings under this chapter.
History: 1973 c. 284; 1975 c. 393; 1979 c. 221; 1981 c. 379; 1985 a. 29 s. 3200 
(56); 1985 a. 176; 1985 a. 332 s. 251 (3); 1993 a. 445; 2001 a. 103; 2005 a. 264 ss. 
80, 116; 2005 a. 387, 388; 2007 a. 45.
55.03 Status of guardian. (1) AGENCY AS BOTH 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
PROTECTIVE SERVICE SYSTEM 55.0433 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
GUARDIAN AND PROVIDER PROHIBITED. No agency acting as a 
guardian appointed under s. 48.9795, ch. 54, 2017 stats., or ch. 
880, 2003 stats., may be a provider of protective services or pro-
tective placement for its ward under this chapter.
(2) TRANSFER OF GUARDIANSHIP AND LEGAL CUSTODY. 
Nothing in this chapter may be construed to prohibit the transfer 
of guardianship and legal custody under s. 48.427 or s. 48.43.
(3) GUARDIAN AUTHORITY AND RESPONSIBILITY APPLICABLE 
TO PARENT OF MINOR. Where any responsibility or authority is 
created under this chapter upon or in relation to a guardian, the 
responsibility or authority is deemed to apply to a parent or per-
son in the place of a parent in the case of a minor who is or who 
is alleged to have a developmental disability.
(4) GUARDIAN AUTHORITY FOR MAKING PROTECTIVE PLACE-
MENT. No guardian or temporary guardian may make a perma-
nent protective placement of his or her ward unless ordered by a 
court under s. 55.12, but a guardian or temporary guardian may 
admit a ward to certain residential facilities under s. 55.055 or 
make an emergency protective placement under s. 55.135.
History: 1973 c. 284; 1979 c. 330; 2005 a. 264 ss. 81, 83, 117; 2005 a. 387; 2007 
a. 45; 2019 a. 109; 2021 a. 240 s. 30.
55.043 Adult-at-risk agency. (1d) ADULT-AT-RISK 
AGENCY DESIGNATION. Each county board shall designate an 
agency as the adult-at-risk agency for the purposes of this section.
(1g) ADULT-AT-RISK AGENCY DUTIES. (a) Each adult-at-risk 
agency shall develop a policy for notifying other investigative 
agencies, including law enforcement officials in appropriate 
cases, and shall establish an adult-at-risk abuse reporting system 
to carry out the purposes of this section. Each adult-at-risk 
agency shall enter into a memorandum of understanding regard-
ing the operation of the system with the county department under 
s. 46.215 or 46.22 and with any private or public agency, includ-
ing a county department under s. 51.42 or 51.437, within the 
county that is participating in the adult-at-risk abuse reporting 
system. The memorandum of understanding shall, at a minimum, 
identify the agencies that are responsible for the investigation of 
reports of abuse, financial exploitation, neglect, or self-neglect of 
adults at risk and for the provision of specific direct services.
(b) Each adult-at-risk agency shall receive reports of abuse, fi-
nancial exploitation, neglect, or self-neglect of adults at risk.
(c) Each adult-at-risk agency shall publicize the existence of 
an adult-at-risk abuse reporting system in the county and shall 
provide a publicized telephone number that can be used by per-
sons wishing to report suspected cases of abuse, financial ex-
ploitation, neglect, or self-neglect of adults at risk. Each adult-at-
risk agency shall also provide a telephone number that can be 
used by persons to make reports after the adult-at-risk agency’s 
regular business hours.
(1m) REPORTING. (a) The following persons shall file re-
ports as specified in par. (b):
1. An employee of any entity that is licensed, certified, or ap-
proved by or registered with the department.
3. A health care provider, as defined in s. 155.01 (7).
4. A social worker, professional counselor, or marriage and 
family therapist, as those terms are defined in subch. I of ch. 457.
(b) Except as provided in par. (be), a person specified in par. 
(a) who has seen an adult at risk in the course of the person’s pro-
fessional duties shall file a report with the county department, the 
adult-at-risk agency, a state or local law enforcement agency, the 
department, or the board on aging and long-term care if the adult 
at risk has requested the person to make the report, or if the per-
son has reasonable cause to believe that any of the following situ-
ations exist:
1. The adult at risk is at imminent risk of serious bodily 
harm, death, sexual assault, or significant property loss and is un-
able to make an informed judgment about whether to report the 
risk.
2. An adult at risk other than the subject of the report is at 
risk of serious bodily harm, death, sexual assault, or significant 
property loss inflicted by a suspected perpetrator.
(be) A person specified in par. (a) to whom any of the follow-
ing applies is not required to file a report as provided in par. (b):
1. If the person believes that filing a report would not be in 
the best interest of the adult at risk. If the person so believes, the 
person shall document the reasons for this belief in the case file 
that the person maintains on the adult at risk.
2. If a health care provider provides treatment by spiritual 
means through prayer for healing in lieu of medical care in accor-
dance with his or her religious tradition and his or her communi-
cations with patients are required by his or her religious denomi-
nation to be held confidential.
(br) Any person, including an attorney or a person working 
under the supervision of an attorney, may report to the county de-
partment, adult-at-risk agency, a state or local law enforcement 
agency, the department, or the board on aging and long-term care 
that he or she believes that abuse, financial exploitation, neglect, 
or self-neglect of an adult at risk has occurred if the person is 
aware of facts or circumstances that would lead a reasonable per-
son to believe or suspect that abuse, financial exploitation, ne-
glect, or self-neglect of an adult at risk has occurred. The person 
shall indicate the facts and circumstances of the situation as part 
of the report.
(c) 1. a. No person may discharge or otherwise retaliate or 
discriminate against any person for reporting in good faith under 
this subsection.
b. No person may discharge or otherwise retaliate or discrim-
inate against any individual on whose behalf another person has 
reported in good faith under this subsection.
d. Any discharge of a person or act of retaliation or discrimi-
nation that is taken against a person who makes a report under 
this subsection, within 120 days after the report is made, estab-
lishes a rebuttable presumption that the discharge or act is made 
in response to the report. This presumption may be rebutted by a 
preponderance of evidence that the discharge or act was not made 
in response to the report.
2. b. Any employee of an employer who is discharged or oth-
erwise discriminated against may file a complaint with the de-
partment of workforce development under s. 106.54 (5).
c. Any person not described in subd. 2. b. who is retaliated or 
discriminated against in violation of subd. 1. a. or b. may com-
mence an action in circuit court for damages incurred as a result 
of the violation.
(d) No person may be held civilly or criminally liable or be 
found guilty of unprofessional conduct for reporting in good faith 
under this subsection, or for filing a report with an agency not 
listed in par. (b) (intro.) or (br) if the person had a good faith be-
lief that the report was filed correctly with one of the listed 
agencies.
(e) If a report under par. (b) or (br) is made to a state official, 
the state official shall refer the report to the appropriate adult-at-
risk agency. The requirement under this paragraph does not ap-
ply to an employee of the board on aging and long-term care who 
determines that his or her referral would be in violation of 42 
USC 3058g (d).
(f) Any person making a report under this subsection is pre-
sumed to have reported in good faith.
(1r) RESPONSE AND INVESTIGATION. (a) 1g. Except as other-
wise provided, if an adult-at-risk agency has reason to believe that 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 4 55.043 PROTECTIVE SERVICE SYSTEM
an adult at risk has been the subject of abuse, financial exploita-
tion, neglect, or self-neglect or upon receiving a report of alleged 
abuse, financial exploitation, neglect, or self-neglect of an adult 
at risk, the adult-at-risk agency shall respond by conducting an in-
vestigation or by referring the report to another agency for investi-
gation. The investigation may be used to determine whether the 
adult at risk is in need of protective services. If an adult-at-risk 
agency has reason to believe that there is abuse, financial ex-
ploitation, neglect, or self-neglect of an adult at risk who is a 
client, as defined in s. 50.065 (1) (b), of an entity, as defined in s. 
50.065 (1) (c), and if the person suspected of perpetrating the al-
leged abuse, financial exploitation, or neglect is a caregiver or 
nonclient resident of the entity, the adult-at-risk agency shall refer 
the report within 24 hours after the report is received to the de-
partment for investigation. The department shall coordinate its 
investigatory efforts with other investigative agencies or authori-
ties as appropriate. An adult-at-risk agency’s response to or an-
other investigative agency’s investigation of a report of abuse, fi-
nancial exploitation, neglect, or self-neglect that is not referred to 
the department shall be commenced within 24 hours after a re-
port is received, excluding Saturdays, Sundays, and legal 
holidays.
2. If an agent or employee of an adult-at-risk agency required 
to refer under this subsection is the subject of a report, or if the 
adult-at-risk agency or an agency under contract with the county 
department determines that the relationship between the adult-at-
risk agency and the agency under contract with the county depart-
ment would not allow for an unbiased response, the adult-at-risk 
agency shall, after taking any action necessary to protect the adult 
at risk, notify the department. Upon receipt of the notice, the de-
partment or a county department under s. 46.215, 46.22, 51.42, 
or 51.437 designated by the department shall conduct an inde-
pendent investigation. The powers and duties of a county depart-
ment making the independent investigation are those given to an 
adult-at-risk agency under pars. (b) to (d) and sub. (6).
(b) The adult-at-risk agency’s or another investigative 
agency’s investigation shall include at least one of the following:
1. A visit to the residence of the adult at risk.
2. Observation of or an interview with the adult at risk, in 
private to the extent practicable, and with or without consent of 
his or her guardian or agent under an activated power of attorney 
for health care, if any.
3. An interview with the adult at risk, in private to the extent 
practicable, and with or without consent of his or her guardian or 
agent under an activated power of attorney for health care, if any.
4. An interview with the guardian or agent under an activated 
power of attorney for health care, if any, and with any caregiver of 
the adult at risk.
5. A review of the treatment and patient health care records 
of the adult at risk.
6. A review of any financial records of the adult at risk that 
are maintained by a financial institution, as defined in s. 705.01 
(3); by an entity, as defined in s. 50.065 (1) (c); by any caregiver 
of the adult at risk; or by a member of the immediate family of the 
vulnerable adult at risk. The records shall be released without in-
formed consent in either of the following circumstances:
a. To an adult-at-risk agency or other investigative agency un-
der this section. The financial record holder may release finan-
cial record information by initiating contact with the adult-at-risk 
agency or other investigative agency without first receiving a re-
quest for release of the information from the adult-at-risk agency 
or other investigative agency.
b. Under a lawful order of a court of record.
(c) The adult-at-risk agency or other investigative agency may 
transport the adult at risk for performance of a medical examina-
tion by a physician if any of the following applies:
1. The adult at risk or his or her guardian or agent under an 
activated power of attorney for health care, if any, consents to the 
examination.
2. The adult at risk is incapable of consenting to the exami-
nation and one of the following applies:
a. The adult at risk has no guardian or agent under an acti-
vated power of attorney for health care.
b. The adult at risk has a guardian or agent under an activated 
power of attorney for health care, but that guardian or agent is the 
person suspected of abusing, neglecting, or financially exploiting 
the adult at risk.
c. The examination is authorized by order of a court.
(d) No person may be held civilly or criminally liable or be 
found guilty of unprofessional conduct for responding to a report 
or for participating in or conducting an investigation under this 
subsection, including the taking of photographs or conducting of 
a medical examination, if the response or investigation was per-
formed in good faith and within the scope of his or her authority.
(2) LOCAL ENFORCEMENT ASSISTANCE. (a) The adult-at-risk 
agency may request a sheriff or police officer to accompany the 
adult-at-risk agency investigator or worker during visits to the res-
idence of the adult at risk or request other assistance as needed. If 
the request is made, a sheriff or police officer shall accompany 
the adult-at-risk agency investigator or worker to the residence of 
the adult at risk and shall provide other assistance as requested or 
necessary.
(b) If the adult-at-risk agency worker or investigator or other 
agency investigator has reason to believe that substantial physical 
harm, irreparable injury, or death may occur to an adult at risk, 
the worker or investigator shall either initiate a protective services 
action under this chapter or contact law enforcement or another 
public agency, as appropriate.
(3) RESTRAINING ORDER; INJUNCTION. If a person interferes 
with the response or investigation under sub. (1r) or interferes 
with the delivery of protective services under this chapter to the 
adult at risk, the adult-at-risk agency investigator or worker may 
apply for an order under s. 813.123 prohibiting the interference.
(4) OFFER OF SERVICES AND REFERRAL OF CASES. (am) 
Upon responding to a report, the adult-at-risk agency or the inves-
tigative agency shall determine whether the adult at risk or any 
other individual involved in the alleged abuse, financial exploita-
tion, neglect, or self-neglect is in need of services under this 
chapter or ch. 46, 47, 49, 51, or 54. If provided, direct services 
shall be rendered under the least restrictive conditions necessary 
to achieve their objective.
(b) If, after responding to a report, the adult-at-risk agency has 
reason to believe that the adult at risk has been the subject of 
abuse, financial exploitation, neglect, or self-neglect, the adult-at-
risk agency may do any of the following:
1. Initiate a protective services action or contact an investiga-
tive agency, as appropriate.
2. Take appropriate emergency action, including provision of 
emergency protective services under s. 55.13 or emergency pro-
tective placement under s. 55.135, if the adult-at-risk agency con-
siders that the emergency action is in the best interests of the 
adult at risk and the emergency action is the least restrictive ap-
propriate intervention.
3. Refer the case to law enforcement officials, as specified in 
sub. (2), for further investigation or to the district attorney, if the 
adult-at-risk agency has reason to believe that a crime has been 
committed.
4. Refer the case to the licensing permitting, registration, or 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
PROTECTIVE SERVICE SYSTEM 55.0435 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
certification authorities of the department or to other regulatory 
bodies if the residence, facility, or program for the adult at risk is 
or should be licensed, permitted, registered, or certified or is oth-
erwise regulated.
5. Refer the case to the department of safety and professional 
services or the department of agriculture, trade and consumer 
protection, as appropriate, if the financial exploitation, neglect, 
self-neglect, or abuse involves an individual who is required to 
hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 
460 or to hold a license, certification, or permit issued under s. 
89.06, 89.072, or 89.073.
5g. Refer the case to the department of financial institutions 
if the financial exploitation, neglect, self-neglect, or abuse in-
volves an individual who is required to be registered under s. 
202.13 or 202.14.
6. Bring or refer for action to bring a petition for a guardian-
ship and protective services or protective placement or a review 
of an existing guardianship if necessary to prevent financial ex-
ploitation, neglect, self-neglect, or abuse and if the adult at risk 
would otherwise be at risk of serious harm because of an inability 
to arrange for necessary food, clothing, shelter, or services.
(5g) REFUSAL OF SERVICES. An adult at risk may refuse to 
accept services unless a guardian authorizes the services. The 
adult-at-risk agency or other provider agency shall notify the 
adult at risk of this right to refuse before providing services.
(6) RECORDS; CONFIDENTIALITY. (a) In this subsection:
1. “Departmental report form” includes documentation of an 
adult-at-risk agency’s response to or investigation of a report 
made under sub. (1r) and is the information required to be sub-
mitted to the department.
2. “Record” includes any document relating to the response, 
investigation, assessment, and disposition of a report made under 
sub. (1r).
(am) The adult-at-risk agency shall prepare a departmental re-
port form on its response under sub. (1r) to a report of suspected 
abuse, financial exploitation, neglect, or self-neglect. If the adult-
at-risk agency refers the report to an investigative agency, the in-
vestigative agency shall advise the adult-at-risk agency in writing 
of its response to the report. The adult-at-risk agency shall main-
tain records of suspected abuse, financial exploitation, neglect, or 
self-neglect.
(b) Departmental report forms are confidential and may not 
be released by the adult-at-risk agency or other investigative 
agency, except under the following circumstances:
1. To the adult at risk, any person named in a departmental 
report form who is suspected of abusing, neglecting, or finan-
cially exploiting an adult-at-risk, and the suspect’s attorney. 
These persons may inspect the departmental report form, except 
that information identifying the person who initially reported the 
suspected abuse, financial exploitation, neglect, or self-neglect, 
or any other person whose safety might be endangered through 
disclosure, may not be released.
2. To the agency or other entity contacted under sub. (2) (b). 
Information obtained under this subdivision shall remain 
confidential.
3. To an individual, organization, or agency designated by 
the department or as required by law for the purposes of manage-
ment audits or program monitoring and evaluation. Information 
obtained under this subdivision shall remain confidential and 
may not be used in any way that discloses the names of or other 
identifying information about the individuals involved.
4. For purposes of research, if the research project has been 
approved by the department or the adult-at-risk agency and the re-
searcher has provided assurances that the information will be 
used only for the purposes for which it was provided to the re-
searcher, the information will not be released to a person not con-
nected with the study under consideration, and the final product 
of the research will not reveal information that may serve to iden-
tify the individuals involved. The information shall remain confi-
dential. In approving the use of information under this subdivi-
sion, the department shall impose any additional safeguards 
needed to prevent unwarranted disclosure of information.
5. Under lawful order of a court of record.
6. To any agency or individual that provides direct services 
under sub. (4), including an attending physician for purposes of 
diagnosis, examination, and treatment, and within the department 
to coordinate treatment for mental illness, developmental disabil-
ities, alcoholism, or drug abuse of individuals committed to or 
under the supervision of the department. Information obtained 
under this subdivision shall remain confidential.
7. To the guardian of the adult at risk or the guardian of any 
person named in a report who is suspected of abusing, neglecting, 
or financially exploiting an adult at risk. These persons may in-
spect the departmental report form, except that information iden-
tifying the person who initially reported the suspected abuse, fi-
nancial exploitation, neglect, or self-neglect, or any other person 
whose safety might be endangered through disclosure, may not be 
released.
8. To law enforcement officials in accordance with the policy 
developed under sub. (1g) (a).
9. To a federal agency, state governmental agency, agency of 
any other state, or local unit of government in this state or any 
other state that has a need for a departmental report form in order 
to carry out its responsibility to protect adults at risk from abuse, 
financial exploitation, neglect, or self-neglect.
10. To the reporter who made a report in his or her profes-
sional capacity, regarding action taken to protect or provide ser-
vices to the alleged victim of abuse, financial exploitation, ne-
glect, or self-neglect.
(bd) If a person requesting a departmental report form is not 
one of the persons or entities specified in par. (b), the adult-at-
risk agency may release information indicating only whether or 
not a report was received and whether or not statutory responsi-
bility was fulfilled.
(br) Notwithstanding par. (b) 1. to 10., an adult-at-risk agency 
or an investigative agency may not release departmental report 
forms under this section, if any of the following applies:
1. The adult-at-risk agency determines that release would be 
contrary to the best interests of the adult at risk who is the subject 
of the departmental report form or of a minor residing with the 
subject of the departmental report form, or the release is likely to 
cause mental, emotional, or physical harm to the subject of the 
departmental report form or to any other individual.
2. The district attorney determines that disclosure of the in-
formation would jeopardize any ongoing or future criminal inves-
tigation or prosecution or would jeopardize a defendant’s right to 
a fair trial.
3. The adult-at-risk agency determines that disclosure would 
jeopardize ongoing or future civil investigations or proceedings or 
would jeopardize the fairness of such a legal proceeding.
(bt) Subject to pars. (b), (bd), (br), (bv) and (bw), records un-
der this subsection are confidential and may not be released by 
the adult-at-risk agency or other investigative agency, except un-
der the following circumstances, upon request:
1. To the adult at risk who is the alleged victim named in the 
record.
2. To the legal guardian, conservator, or other legal represen-
tative of the adult at risk who is the alleged victim named in the 
record, if the legal guardian, conservator, or other legal represen-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 6 55.043 PROTECTIVE SERVICE SYSTEM
tative of the alleged victim is not the alleged perpetrator of the 
abuse, financial exploitation, or neglect.
3. To law enforcement officials and agencies in accordance 
with the policy developed under sub. (1g) (a) or with investiga-
tions conducted under sub. (1r), or a district attorney, for pur-
poses of investigation or prosecution.
4. To the department, under s. 51.03 (2), or for death investi-
gations under s. 50.04 (2t) or 50.035 (5); or to a sheriff, police de-
partment, or district attorney for death investigations under s. 
51.64 (2) (a).
5. To an employee of the county department under s. 51.42 
or 51.437 that is providing services to an adult at risk who is the 
alleged victim named in the record, or to the alleged perpetrator 
of abuse, to determine whether the alleged victim should be 
transferred to a less restrictive or more appropriate treatment 
modality or facility.
6. To a court, tribal court, or state governmental agency for a 
proceeding relating to the licensure or regulation of an individual 
or entity regulated or licensed by the state governmental agency, 
that was an alleged perpetrator of abuse, financial exploitation, or 
neglect.
7. To the department, for management, audit, program mon-
itoring, evaluation, billing, or collection purposes.
8. To the attorney or guardian ad litem for the adult at risk 
who is the alleged victim named in the record, to assist in prepar-
ing for any proceeding under this chapter or ch. 48, 51, 54, 813, 
971, or 975 pertaining to the alleged victim.
9. To a coroner, medical examiner, pathologist, or other 
physician investigating the cause of death of an adult at risk that is 
unexplained or unusual or is associated with unexplained or sus-
picious circumstances.
10. To staff members of the protection and advocacy agency 
designated under s. 51.62 and the board on aging and long-term 
care under s. 16.009.
11. To an agency, including a probation or parole agency, that 
is legally responsible for the supervision of an alleged perpetrator 
of abuse, neglect, or financial exploitation of an adult at risk.
12. To a grand jury, if it determines that access to specified 
records is necessary for the conduct of its official business.
13. Under a lawful order of a court of record.
(bv) The identity of a person making a report of alleged 
abuse, neglect, self-neglect, or financial exploitation shall be 
deleted from any record prior to its release under par. (bt) or from 
any departmental report form prior to its release under par. (b). 
The identity of any reporter may only be released with the written 
consent of the reporter or under a lawful order of a court of 
record.
(bw) A person to whom a departmental report form or a 
record is disclosed under this subsection may not further disclose 
it, except to the persons and for the purposes specified in this 
subsection.
(by) A custodian of records or departmental report forms in-
curs no civil or criminal liability under this subsection and may 
not be found guilty of unprofessional conduct for the release or 
nonrelease of records or departmental report forms in accordance 
with this subsection while acting in good faith and within the 
scope of his or her authority.
(7) EXCEPTION. Nothing in this section may be construed to 
mean that a person is abused, financially exploited, neglected, or 
in need of direct or protective services solely because he or she 
consistently relies upon treatment by spiritual means through 
prayer for healing in lieu of medical care in accordance with his 
or her religious tradition.
(8) DEPARTMENT DUTIES. (a) The department shall develop 
a plan to assist adult-at-risk agencies in determining appropriate 
responses to reports of abuse, financial exploitation, neglect, or 
self-neglect.
(b) The department shall prepare and distribute sample de-
partmental report forms for use by adult-at-risk agencies.
(c) The department shall collect statistical information from 
each county pertaining to each reported case of abuse, financial 
exploitation, neglect, or self-neglect. The department may re-
quire adult-at-risk agency workers or investigators to submit de-
partmental report forms to the department that summarize the in-
formation being reported. These departmental report forms may 
not name or otherwise identify individuals. The department shall 
use this information to review the effectiveness of this section, to 
plan program changes, and to formulate reports.
(d) The department shall develop and disseminate informa-
tion on adult-at-risk abuse and the adult-at-risk reporting system 
under this section. The department shall also develop informa-
tional materials to be used by adult-at-risk agencies regarding 
abuse of adults at risk and regarding the adult-at-risk abuse re-
porting system. The department shall solicit contributions of la-
bor, materials, and expertise from private sources to assist in de-
veloping the informational materials.
(9m) PENALTIES. (a) Any person, including the state or any 
political subdivision of the state, violating sub. (6) is liable to any 
person damaged as a result of the violation for such damages as 
may be proved, together with exemplary damages of not less than 
$100 nor more than $500 for each violation and the costs and rea-
sonable actual attorney fees that are incurred by the person 
damaged.
(b) In any action brought under par. (a) in which the court de-
termines 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 pre-
requisite to an action under par. (a) that the plaintiff suffer or be 
threatened with actual damages.
(c) 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 in-
dividual may recover costs and reasonable actual attorney fees in-
curred in the action, if he or she prevails.
(d) Whoever violates sub. (1m) (c) 1. may be fined not more 
than $10,000 or imprisoned for not more than 6 months or both.
(e) Whoever intentionally violates sub. (1m) (b) by failure to 
report as required may be fined not more than $500 or impris-
oned not more than 6 months or both.
History: 1993 a. 445; 1997 a. 27; 2001 a. 74, 103; 2005 a. 264, 388; 2007 a. 45; 
2011 a. 32; 2013 a. 20; 2015 a. 55, 179; 2021 a. 122; 2023 a. 55; 2025 a. 232.
NOTE: 2005 Wis. Act 388 made major revisions to this section and contains 
extensive explanatory notes.
Adult Protective Services: On the Front Line Against Elder Abuse. Page. Wis. 
Law. June 2020.
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 who are provided protective place-
ment or who receive protective services under this chapter, in-
cluding reasonable expenses for the evaluations required by s. 
55.11. Payment and collections for protective placement or pro-
tective services provided in public facilities specified in s. 46.10 
shall be governed in accordance with s. 46.10. The department 
may require that an individual who is provided protective place-
ment or receives protective services under this chapter provide re-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
PROTECTIVE SERVICE SYSTEM 55.0557 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
imbursement for services or care and custody received, based on 
the ability of the individual to pay for such costs.
History: 1995 a. 92; 1999 a. 32; 2003 a. 33; 2005 a. 264.
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 depart-
ment and the county departments shall give preference to an 
agency with consumer and other citizen representation. The de-
partment shall provide services only if no other suitable agency is 
available. Courts shall adhere to the same preferences in ordering 
protective services.
(2) CONDITIONS REQUIRED. The department or a county de-
partment or agency with which the county department contracts 
under s. 55.02 (2) that provides protective services may provide 
the services under any of the following conditions:
(a) An individual who needs or believes he or she needs pro-
tective services requests the services.
(b) An interested person requests protective services on behalf 
of an individual in need of services. A guardian may request and 
consent to protective services on behalf of the guardian’s ward. 
An agent under an activated power of attorney for health care may 
request and consent to protective services on behalf of the agent’s 
principal.
(3) VOLUNTARY PROTECTIVE SERVICES PREFERRED. An indi-
vidual shall receive protective services voluntarily unless ordered 
by the court under s. 55.12, requested by the individual’s 
guardian or agent under an activated power of attorney for health 
care, or provided on an emergency basis in accordance with s. 
55.13.
History: 1973 c. 284; 1975 c. 393; 1981 c. 379; 1985 a. 29 s. 3200 (56); 1985 a. 
135 s. 83 (3); 1985 a. 176; 1987 a. 161 ss. 7, 13m; 1987 a. 366; 1989 a. 200; 1991 a. 
316; 1993 a. 187, 316, 445; 2005 a. 264, 387.
55.055 Admissions initially made without court in-
volvement. (1) (a) The guardian of an individual who has 
been adjudicated incompetent may consent to the individual’s ad-
mission to a foster home, group home, or community-based resi-
dential facility, as defined under s. 50.01 (1g), without a protec-
tive placement order under s. 55.12 if the home or facility is li-
censed for fewer than 16 beds. Prior to providing that consent, 
and annually thereafter, the guardian shall review the ward’s right 
to the least restrictive residential environment and may consent 
only to admission to a home or facility that implements that right.
(b) The guardian of an individual who has been adjudicated 
incompetent may consent to the individual’s admission to a nurs-
ing home or other facility not specified in par. (a) for which pro-
tective placement is otherwise required for a period not to exceed 
60 days. In order to be admitted under this paragraph, the indi-
vidual must be in need of recuperative care or be unable to pro-
vide for his or her own care or safety so as to create a serious risk 
of substantial harm to himself or herself or others. Prior to pro-
viding that consent, the guardian shall review the ward’s right to 
the least restrictive residential environment and consent only to 
admission to a nursing home or other facility that implements 
that right. Following the 60-day period, the admission may be ex-
tended for an additional 60 days if a petition for protective place-
ment under s. 55.075 has been brought, or, if no petition for pro-
tective placement under s. 55.075 has been brought, for an addi-
tional 30 days for the purpose of allowing the initiation of dis-
charge planning for the individual. Admission under this para-
graph is not permitted for an individual for whom the primary 
purpose of admission is for treatment or services related to the in-
dividual’s mental illness or developmental disability.
(c) The guardian of a ward who has been found incompetent 
in a state other than this state may consent to admission of the 
ward under par. (a) or (b) if the ward is currently a resident of this 
state. A petition to transfer a foreign guardianship and, if applica-
ble, a petition for protective placement shall be filed in this state 
within 60 days after the ward’s admission under this paragraph.
(d) A resident of this state who is the guardian of a ward who 
has been found incompetent in, and resides in, a state other than 
this state may consent to an admission of the ward under par. (a) 
or (b) if the guardian intends to move the ward to this state within 
30 days after the consent to the admission. A petition to transfer 
a foreign guardianship and, if applicable, a petition for protective 
placement shall be filed in this state within 60 days after a ward’s 
admission under this paragraph.
(2) (a) In this subsection, “facility” means any of the 
following:
1. A group home.
2. A foster home.
3. A community-based residential facility, as defined in s. 
50.01 (1g).
4. An adult family home, as defined in s. 50.01 (1).
5. A nursing home, as defined in s. 50.01 (3).
(b) Whenever a petition for guardianship on the ground of in-
competency is filed with respect to an individual who resides in a 
facility licensed for 16 or more beds, a petition for protective 
placement of the individual shall also be filed. The individual 
may continue to reside in the facility until the court issues a deci-
sion on the petition for guardianship and protective placement of 
the individual. Thereafter, the individual may continue to reside 
in the facility only if the court’s order under s. 55.12 specifies 
protective placement of the individual in a facility licensed for 16 
or more beds.
(3) If an individual admitted under sub. (1) verbally objects to 
or otherwise actively protests such an admission, the person in 
charge of the home, nursing home, or other facility shall immedi-
ately notify the county department for the county in which the in-
dividual is living. Representatives of that county department 
shall visit the individual as soon as possible, but no later than 72 
hours after notification, and do the following:
(a) Determine whether the protest persists or has been volun-
tarily withdrawn and consult with the individual’s guardian re-
garding the reasons for the admission.
(b) Attempt to have the individual released within 72 hours if 
the protest is not withdrawn and the individual does not satisfy all 
standards under s. 55.08 (1) or criteria under s. 55.135 (1) and 
provide assistance in identifying appropriate alternative living 
arrangements.
(c) Comply with s. 55.135, if the individual satisfies all crite-
ria under s. 55.135 (1) and emergency placement in that home, 
nursing home, or other facility or another home, nursing home, or 
other facility is necessary, or file a petition for protective place-
ment under s. 55.075. The court, with the permission of the 
home, nursing home, or other facility, may order the individual to 
remain in the home, nursing home, or other facility pending the 
outcome of the protective placement proceedings.
(4) The admission to a health care facility, as defined in s. 
155.01 (6), of a principal by a health care agent under the terms 
of a power of attorney for health care instrument and in accor-
dance with ch. 155 or the admission of an individual to a nursing 
home or community-based residential facility under the require-
ments of s. 50.06 is not a protective placement under this chapter.
(5) If a ward lives with his or her guardian, the guardian may 
make temporary protective placement of the ward, to provide the 
guardian with a vacation or to release the guardian temporarily 
for a family emergency. The temporary protective placement 
may be made for not more than 30 days but the court may, upon 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 8 55.055 PROTECTIVE SERVICE SYSTEM
application, grant an additional period not to exceed 60 days in 
all. The application shall include any information that the court 
may reasonably deem necessary. When reviewing the applica-
tion, the court shall provide the least restrictive temporary protec-
tive placement that is consistent with the needs of the ward.
History: 2005 a. 264 ss. 101, 103 to 112, 150; 2005 a. 387; 2007 a. 45; 2015 a. 
197 s. 51.
A guardian of a person who became incompetent after voluntarily entering a 
nursing home with 16 or more beds may not consent to the person’s continued resi-
dence in the home. Upon the appointment of a guardian, the court must hold a pro-
tective placement hearing. Agnes T. v. Milwaukee County, 189 Wis. 2d 520 , 525 
N.W.2d 268 (1995).
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 sub. (1) the person could remain in the facil-
ity without a protective order. Jackson County Department of Health & Human Ser-
vices v. Susan H., 2010 WI App 82, 326 Wis. 2d 246, 785 N.W.2d 677, 09-1997.
Guardianships and Protective Placements in Wisconsin After Agnes T. Fennell. 
Wis. Law. May 1995.
NOTE: The above annotations relate to protective placements under this 
chapter prior to the revision of this chapter by 2005 Wis. Act 264.
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 of the state; and shall have a need for 
protective placement or protective services. The individual shall 
have attained the age of 18, but an individual who is alleged to 
have a developmental disability may receive protective placement 
or protective services upon attaining the age of 14. Protective 
placement or protective services may be ordered under this chap-
ter only for an individual who is adjudicated incompetent in this 
state or for a minor who is alleged to have a developmental dis-
ability, and only if there is a finding of a need for protective place-
ment under s. 55.08 (1), and ss. 55.055 (5), 55.13, and 55.135 are 
inappropriate or do not apply. A procedure for court-ordered pro-
tective placement or protective services may be initiated 6 
months before a minor attains age 18.
History: 1973 c. 284; 1975 c. 41; 1975 c. 94 s. 3; 1975 c. 189 s. 99 (2); 1975 c. 
393, 421, 422; 1975 c. 430 ss. 67 to 71, 80; 1977 c. 26, 299, 428; 1977 c. 449 s. 497; 
1979 c. 32 s. 92 (1); 1979 c. 110 s. 60 (1); 1979 c. 221; 1981 c. 314 s. 146; 1981 c. 
379; 1983 a. 27 ; 1983 a. 189 s. 329 (19); 1983 a. 219 ; 1985 a. 29 ss. 1143, 3202 
(23); 1987 a. 366; 1989 a. 31, 359; 1991 a. 269; 1993 a. 187, 451; 1995 a. 27, 92; 
1997 a. 237, 283; 2001 a. 109; 2003 a. 33, 326; 2005 a. 253, 264, 387; 2007 a. 45.
Guardianships & Protective Placements. Viney. Wis. Law. Aug. 1991.
Guardianships and Protective Placements in Wisconsin After Agnes T. Fennell. 
Wis. Law. May 1995.
NOTE: The above annotations relate to protective placements under this 
chapter prior to the revision of this chapter by 2005 Wis. Act 264.
The ch. 55 exclusion in s. 51.20 (1) (a) 2. e. includes an individual who is already 
subject to an order for protective placement or services, if there is another placement 
or additional services available under this chapter that would be effective in reduc-
ing the probability of the requisite harm to less than a substantial probability. This 
exclusion may apply to an individual who is not yet subject to an order under this 
chapter but who is eligible for one. Involuntary administration of medication under 
this section may be one of the additional services that would satisfy this exclusion, if 
the guardian consents and depending on the individual’s circumstances. Dane 
County v. Kelly M., 2011 WI App 69, 333 Wis. 2d 719, 798 N.W.2d 697, 10-1486.
Rehabilitation is a necessary element of treatment under ch. 51. Because there 
are no techniques that can be employed to bring about rehabilitation from 
Alzheimer’s disease, an individual with the disease cannot be rehabilitated. Accord-
ingly, an Alzheimer’s patient is not a proper subject for ch. 51 treatment. Fond du 
Lac County v. Helen E.F., 2012 WI 50, 340 Wis. 2d 500, 814 N.W.2d 179, 10-2061.
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 depart-
ment or an agency with which the county department contracts 
under s. 55.02 (2), a guardian, or an interested person may file a 
petition for appointment of a guardian and for protective services 
or protective placement for an individual. The department shall 
provide for a schedule of reimbursement for the cost of the pro-
ceedings based upon the ability to pay of the proposed ward or in-
dividual to be protected.
(2) CONTENTS OF PETITION. (a) A petition shall allege that 
the individual meets the standards specified in s. 55.08 (1) or (2) 
and state with particularity the factual basis for the allegations.
(b) The petition shall be based on personal knowledge of the 
individual alleged to need protective placement or protective 
services.
(3) PETITION FOR GUARDIANSHIP; REVIEW OF INCOMPE-
TENCY. A petition for guardianship described in s. 55.08 (1) (b) 
or (2) (a) shall be heard prior to ordering protective placement or 
protective services. If the individual is adjudicated incompetent 
in this state more than 12 months before the filing of an applica-
tion for protective placement or protective services on his or her 
behalf, the court shall review the finding of incompetency.
(4) FEES AND COSTS OF PETITION. (a) The court shall award, 
from the assets of the individual sought to be protectively placed 
or protectively served, payment of the petitioner’s reasonable at-
torney fees and costs, unless the court finds, after considering all 
of the following, that it would be inequitable to do so:
1. The petitioner’s interest in the matter, including any con-
flict of interest that the petitioner may have had in pursuing the 
guardianship or protective placement or services.
2. The ability of the estate of the individual sought to be pro-
tectively placed or protectively served to pay the petitioner’s rea-
sonable attorney fees and costs.
3. Whether the petition was contested and, if so, the nature of 
the contest.
4. Whether the individual sought to be protectively placed or 
protectively served had executed a durable power of attorney for 
finances and property under ch. 244 or a power of attorney for 
health care under s. 155.05 or had provided advance consent to 
nursing home admission or engaged in other advance planning to 
avoid protective placement or protective services.
5. Any other factors that the court considers to be relevant.
(b) If a person seeking to be the guardian of a proposed ward 
requests the assistance of a county department or an agency with 
which it contracts under s. 55.02 (2) in petitioning for guardian-
ship or for protective services or protective placement, the assis-
tance may be considered a service and may be charged for based 
upon the ability of the person to pay for the service.
(5) WHERE A PETITION MAY BE FILED; VENUE; COUNTY OF 
RESPONSIBILITY. (a) A petition under sub. (1) shall be filed in the 
county of residence of the individual to be protected, as deter-
mined under s. 51.40 or by the individual’s guardian or where the 
individual is physically present due to extraordinary circum-
stances including those specified under s. 51.22 (4). If an indi-
vidual has not received services under this chapter or ch. 46 or 51 
or if an individual has received services under this chapter or ch. 
46 or 51 that have been terminated and has established residence 
in a county other than that in which the individual resided when 
the services were received, the court may determine the individ-
ual’s county of residence. The county of residence under this 
paragraph is the county of responsibility.
(b) The court in which a petition is first filed under par. (a) 
shall determine venue. The court shall direct that proper notice 
be given to any potentially responsible or affected county. Proper 
notice is given to a potentially responsible or affected county if 
written notice of the proceeding is sent by certified mail to the 
county’s clerk and corporation counsel. After all potentially re-
sponsible or affected counties and parties have been given an op-
portunity to be heard, the court shall determine that venue lies in 
the county in which the petition is filed under par. (a) or in an-
other county, as appropriate. If the court determines that venue 
lies in another county, the court shall order the entire record certi-
fied to the proper court. A court in which a subsequent petition is 
filed shall, upon being satisfied of an earlier filing in another 
court, summarily dismiss the subsequent petition.
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
PROTECTIVE SERVICE SYSTEM 55.109 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
(bm) The court in which a petition is first filed under par. (a) 
shall determine venue. The court shall direct that proper notice 
be given to any potentially responsible or affected county. Proper 
notice is given to a potentially responsible or affected county if 
written notice of the proceeding is sent by certified mail to the 
county’s clerk and corporation counsel. After all potentially re-
sponsible or affected counties and parties have been given an op-
portunity to be heard, the court shall determine that venue lies in 
the county in which the petition is filed under par. (a) or in an-
other county, as appropriate. If the court determines that venue 
lies in another county, the court shall order the entire record certi-
fied to the proper court. A court in which a subsequent petition is 
filed shall, upon being satisfied of an earlier filing in another 
court, summarily dismiss the subsequent petition. If any poten-
tially responsible or affected county or party objects to the court’s 
finding of venue, the court may refer the issue to the department 
for a determination of the county of residence under s. 51.40 (2) 
(g) and may suspend ruling on the motion for change of venue un-
til the determination under s. 51.40 (2) (g) is final.
History: 2005 a. 264 ss. 114, 115, 123 to 126, 157; 2005 a. 387 ss. 110, 112, 113, 
114; 2007 a. 45; 2007 a. 96 s. 59; 2009 a. 319.
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) The individual is a minor who is not alleged to have a de-
velopmental disability and on whose behalf a petition for 
guardianship has been submitted, or is an adult who has been de-
termined to be incompetent by a circuit court.
(c) As a result of developmental disability, degenerative brain 
disorder, serious and persistent mental illness, or other like inca-
pacities, the individual is so totally incapable of providing for his 
or her own care or custody as to create a substantial risk of seri-
ous harm to himself or herself or others. Serious harm may be ev-
idenced by overt acts or acts of omission.
(d) The individual has a disability that is permanent or likely 
to be permanent.
(2) PROTECTIVE SERVICES. A court may under s. 55.12 order 
protective services for an individual who meets all of the follow-
ing standards:
(a) The individual has been determined to be incompetent by 
a circuit court or is a minor who is alleged to have a developmen-
tal disability and on whose behalf a petition for a guardianship 
has been submitted.
(b) As a result of developmental disability, degenerative brain 
disorder, serious and persistent mental illness, or other like inca-
pacities, the individual will incur a substantial risk of physical 
harm or deterioration or will present a substantial risk of physical 
harm to others if protective services are not provided.
History: 2005 a. 264 ss. 119 to 122, 158; 2005 a. 387 s. 111; 2005 a. 388 s. 164; 
2007 a. 45.
Under s. 55.17, the court may order a termination of a protective placement only 
if the standards in sub. (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 re-
strictive setting. Nowhere does s. 55.17 provide that the court may terminate an or-
der for protective placement if under s. 55.055 (1) the person could remain in the fa-
cility without a protective order. Jackson County Department of Health & Human 
Services v. Susan H., 2010 WI App 82, 326 Wis. 2d 246, 785 N.W.2d 677, 09-1997.
“Care” in sub. (1) (c) means that the person’s incapacity to provide for the per-
son’s daily needs creates a substantial risk of serious harm to the person or others. 
The only reasonable construction of the “custody” alternative in sub. (1) (c) is that 
the person cannot provide for himself or herself the protection from abuse, financial 
exploitation, neglect, and self-neglect that the control and supervision by others can 
provide. Jackson County Department of Health & Human Services v. Susan H., 
2010 WI App 82, 326 Wis. 2d 246, 785 N.W.2d 677, 09-1997.
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 time set for a hearing. The per-
son serving the notice shall inform the individual sought to be 
protected of the complete contents of the notice and shall return a 
certificate to the circuit judge verifying that the petition has been 
delivered and notice given. The notice shall include the names of 
all petitioners.
(2) OTHER NOTICE REQUIRED. In addition to the notice re-
quired under sub. (1), notice shall be served, personally or by 
mail, at least 10 days before the time set for a hearing, upon all of 
the following:
(a) The guardian ad litem, legal counsel, and guardian, if any, 
of the individual sought to be protected.
(b) The agent under an activated power of attorney for health 
care, if any, of the individual sought to be protected.
(c) The presumptive adult heirs, if any, of the individual 
sought to be protected.
(d) Other persons who have physical custody of the individual 
sought to be protected whose names and addresses are known to 
the petitioner or can with reasonable diligence be ascertained.
(e) The county department.
(f) Any governmental or private body or group from whom 
the individual sought to be protected is known to be receiving aid.
(g) Any other persons or entities that the court may require.
(h) The department, if the individual sought to be protected 
may be placed in a center for the developmentally disabled.
(i) The county department that is participating in the program 
under s. 46.278 of the county of residence of the individual 
sought to be protected, if the individual has a developmental dis-
ability and may be placed in an intermediate facility or a nursing 
facility, except that, for an individual sought to be protected to 
whom s. 46.279 (4m) applies, this notice shall instead be served 
on the department.
(3) NOTICE OF PETITION FOR INVOLUNTARY ADMINISTRA-
TION OF PSYCHOTROPIC MEDICATION. Notice of a petition under 
s. 55.14 shall be served personally or by mail upon the corpora-
tion counsel and county department.
History: 2005 a. 264 ss. 127, 159; 2005 a. 387 s. 115; 2007 a. 45.
55.10 Hearing on petition for protective services or 
protective placement. (1) TIME LIMITS. A petition for pro-
tective 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 sought to be protected or the indi-
vidual’s guardian ad litem, or the county department, in which 
case the court may extend the date for hearing by up to 45 days. 
If an individual under s. 50.06 (3) alleges that another individual 
is making a health care decision under s. 50.06 (5) (a) that is not 
in the best interests of the incapacitated individual or if the inca-
pacitated individual verbally objects to or otherwise actively 
protests the admission, the petition shall be heard as soon as pos-
sible within the 60-day period.
(2) ATTENDANCE. The petitioner shall ensure that the indi-
vidual sought to be protected attends the hearing on the petition 
unless, after a personal interview, the guardian ad litem waives 
the attendance and so certifies in writing to the court the specific 
reasons why the individual is unable to attend. In determining 
whether to waive attendance by the individual, the guardian ad 
litem shall consider the ability of the individual to understand 
and meaningfully participate, the effect of the individual’s atten-
dance on his or her physical or psychological health in relation to 
the importance of the proceeding, and the individual’s expressed 
desires. If the individual is unable to attend a hearing only be-
cause of residency in a nursing home or other facility, physical in-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 10 55.10 PROTECTIVE SERVICE SYSTEM
accessibility, or lack of transportation, the court shall, if re-
quested by the individual, the individual’s guardian ad litem, the 
individual’s counsel, or other interested person, hold the hearing 
in a place where the individual is able to attend.
(3) HEARING TO BE OPEN. The hearing shall be open, unless 
the individual sought to be protected, or his or her attorney acting 
with the consent of the individual sought to be protected, requests 
that it be closed. If the hearing is closed, only persons in interest, 
including representatives of providers of service and their attor-
neys and witnesses, may be present.
(4) RIGHTS. Sections 54.42, 54.44, and 54.46 and the follow-
ing provisions apply to all hearings under this chapter except 
transfers of placement under s. 55.15 and summary hearings un-
der ss. 55.18 (3) (d) and 55.19 (3) (d):
(a) Counsel. The individual sought to be protected has the 
right to counsel whether or not the individual is present at the 
hearing on the petition. The court shall require representation by 
full legal counsel whenever the petition alleges that the individual 
is not competent to refuse psychotropic medication under s. 
55.14, the individual sought to be protected requested such repre-
sentation at least 72 hours before the hearing, the guardian ad 
litem or any other person states that the individual sought to be 
protected is opposed to the petition, or the court determines that 
the interests of justice require it. If the individual sought to be 
protected or any other person on his or her behalf requests but is 
unable to obtain legal counsel, the court shall refer the individual 
to the state public defender as provided under s. 55.105 for ap-
pointment of legal counsel. If the individual sought to be pro-
tected is represented by counsel appointed under s. 977.08 in a 
proceeding for the appointment of a guardian under ch. 54, the 
court shall order the counsel appointed under s. 977.08 to repre-
sent under this section the individual sought to be protected.
(b) Guardian ad litem; costs. The court shall in all cases re-
quire the appointment of an attorney as guardian ad litem in ac-
cordance with s. 757.48 (1). The responsibilities and duties of a 
guardian ad litem on behalf of a proposed ward or individual who 
is alleged incompetent specified in s. 54.40 apply to a guardian ad 
litem appointed in a proceeding for protective services or protec-
tive placement on behalf of an individual sought to be protected. 
If a guardian has been appointed for an individual who is the sub-
ject of a petition for court-ordered protective placement or protec-
tive services, the guardian ad litem shall interview the guardian. 
The guardian ad litem shall be present at all hearings under this 
chapter if the individual sought to be protected does not have full 
legal counsel. The court may, however, excuse a personal appear-
ance by a guardian ad litem based on information contained in a 
written report by the guardian ad litem to the court. If the indi-
vidual sought to be protected is an adult who is indigent, the 
county shall be liable for any fees due the guardian ad litem. If 
the individual sought to be protected is a minor, the minor’s par-
ents or the county in which the hearing is held shall be liable for 
any fees due the guardian ad litem as provided in s. 48.235 (8).
(c) Trial by jury; right to cross examine witnesses. The indi-
vidual sought to be protected has the right to a trial by a jury if de-
manded by the individual sought to be protected or his or her at-
torney or guardian ad litem. The number of jurors shall be deter-
mined under s. 756.06 (2) (b). The individual sought to be pro-
tected, and the individual’s attorney and guardian ad litem have 
the right to present and cross-examine witnesses, including any 
person making an evaluation or review under s. 55.11.
(d) Standard of proof. Before protective placement or protec-
tive services may be ordered under s. 55.12, the court or jury 
must find by clear and convincing evidence that the individual to 
be protected is in need of protective placement because he or she 
meets all of the standards under s. 55.08 (1) or is in need of pro-
tective services because he or she meets all of the standards under 
s. 55.08 (2).
(e) Independent evaluation. The individual sought to be pro-
tected has the right to secure an independent evaluation as pro-
vided in s. 55.11 (2).
History: 2005 a. 264 ss. 128, 129, 130, 160; 2005 a. 387 s. 116; 2007 a. 20, 45; 
2009 a. 180.
The statutory provisions for an interested person’s formal participation in 
guardianship and protective placement hearings are specific and limited. No statute 
provides for interested persons to demand a trial, present evidence, or raise eviden-
tiary objections. A court could consider such participation helpful and, in its discre-
tion, could allow an interested person to participate to the extent it considers appro-
priate. Coston v. Joseph P., 222 Wis. 2d 1, 586 N.W.2d 52 (Ct. App. 1998), 97-1210.
Section 907.03 does not allow the proponent of an expert to use the expert solely 
as a conduit for the hearsay opinions of others. While in a civil proceeding there is 
no independent right to confront and cross-examine expert witnesses under the state 
and federal constitutions, procedures used to appoint a guardian and protectively 
place an individual must conform to the essentials of due process. Walworth County 
v. Therese B., 2003 WI App 223, 267 Wis. 2d 310, 671 N.W.2d 377, 03-0967.
NOTE: The above annotations relate to protective placements under this 
chapter prior to the revision of this chapter by 2005 Wis. Act 264.
It would be unreasonable to not permit a forfeiture of the right to attend the hear-
ing regardless of the respondent’s conduct. The right may be forfeited if after having 
been warned by the judge that the respondent will be removed if the respondent con-
tinues the disruptive behavior, the respondent nevertheless insists on conducting 
himself or herself in a manner so disorderly, disruptive, and disrespectful of the 
court that the hearing cannot be carried on with the respondent in the courtroom. 
Jefferson County v. Joseph S., 2010 WI App 160, 330 Wis. 2d 737, 795 N.W.2d 450, 
09-0804.
The guardianship and protective placement statutes give certain rights under sub. 
(4) and s. 54.42 (5) to an individual who is the subject of a guardianship or protec-
tive placement petition, including the “right to be present” at the final hearing on the 
petition. Sub. (2) and s. 54.44 (4) (a) also require a petitioner to ensure that the indi-
vidual who is the subject of a petition “attends” the final hearing, unless the individ-
ual’s guardian ad litem waives the attendance. Waiver, in this context, requires some 
affirmative relinquishment on the part of the holder. Those statutes protect an indi-
vidual’s right to be physically present in the room where the hearing is held. Racine 
County v. P.B., 2022 WI App 62, 405 Wis. 2d 383, 983 N.W.2d 721, 22-0765.
55.105 Appointment of counsel. (1) In any situation un-
der this chapter in which an adult individual has a right to be rep-
resented by legal counsel, the individual shall be referred as soon 
as practicable to the state public defender, who shall appoint 
counsel for the individual under s. 977.08 without a determina-
tion of indigency.
(2) In any situation under this chapter in which a minor has a 
right to be represented by legal counsel, legal counsel for the mi-
nor shall be appointed as provided in s. 48.23 (4).
(3) Notwithstanding subs. (1) and (2), an individual subject to 
proceedings under this chapter is entitled to retain counsel of his 
or her own choosing at his or her own expense.
History: 2007 a. 20.
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 in-
dividual’s ability to reimburse the state for the costs of represen-
tation. If the court determines that the individual is able to make 
reimbursement for all or part of the costs of representation, the 
court may order the individual to reimburse the state an amount 
not to exceed the maximum amount established by the public de-
fender board under s. 977.075 (4). Upon the court’s request, the 
state public defender shall conduct a determination of indigency 
under s. 977.07 and report the results of the determination to the 
court.
(2) Reimbursement ordered under this section shall be made 
to the clerk of courts of the county where the proceedings took 
place. The clerk of courts shall transmit payments under this sec-
tion to the county treasurer, who shall deposit 25 percent of the 
payment amount in the county treasury and transmit the remain-
der to the secretary of administration. Payments transmitted to 
the secretary of administration shall be deposited in the general 
fund and credited to the appropriation account under s. 20.550 
(1) (L).
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
PROTECTIVE SERVICE SYSTEM 55.1211 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
(3) By January 31st of each year, the clerk of courts for each 
county shall report to the state public defender the total amount 
of reimbursements ordered under sub. (1) in the previous calen-
dar year and the total amount of reimbursements paid to the clerk 
under sub. (2) in the previous year.
History: 2007 a. 20.
55.11 Comprehensive evaluation; recommendations; 
statements. (1) Before ordering protective placement or pro-
tective services for any individual, the court shall require a com-
prehensive evaluation of the individual sought to be protected, if 
such an evaluation has not already been made. The court may uti-
lize available multidisciplinary resources in the community in 
determining the need for protective placement or protective ser-
vices. The county department or an agency with which it con-
tracts under s. 55.02 (2) shall cooperate with the court in securing 
available resources. The court or the cooperating agency obtain-
ing the evaluation shall request appropriate information which 
shall include at least the following:
(a) The address of the place where the individual is residing 
and the person or agency who is providing services at present, if 
any.
(b) A resume of any professional treatment and services pro-
vided to the individual by the department or agency in connection 
with the problem creating the need for protective placement or 
protective services.
(c) A medical, psychological, social, vocational, and educa-
tional evaluation and review, if necessary, and any recommenda-
tions for or against maintenance of partial legal rights as provided 
in s. 54.25 (2). The evaluation and review shall include recom-
mendations for the individual’s placement that are consistent 
with the requirements of s. 55.12 (3), (4), and (5).
(2) If requested by the individual sought to be protected, or 
anyone on the individual’s behalf, the individual sought to be pro-
tected has the right at his or her own expense, or, if indigent, at the 
expense of the county where the petition is filed, to secure an in-
dependent comprehensive evaluation, if an independent compre-
hensive evaluation has not already been made. The individual, or 
anyone on the individual’s behalf, may present a report of this in-
dependent comprehensive evaluation or the evaluator’s personal 
testimony as evidence at the hearing.
(3) A copy of the comprehensive evaluation and any indepen-
dent comprehensive evaluation shall be provided to the individ-
ual’s guardian, agent under any activated health care power of at-
torney, and guardian ad litem, and to the individual or the individ-
ual’s attorney at least 96 hours in advance of the hearing to deter-
mine protective placement or protective services.
(4) Where applicable by reason of the particular disability, 
the county department or an agency with which it contracts under 
s. 55.02 (2) that has responsibility where the individual has legal 
residence shall make a recommendation for protective placement 
or protective services.
(5) If the court is considering protective placement of the in-
dividual in a center for the developmentally disabled, the court 
shall request a statement or testimony from the department re-
garding whether the protective placement is appropriate for the 
individual’s needs and whether it is consistent with the purpose 
of the center under s. 51.06 (1).
(6) If the individual has a developmental disability and the 
court is considering protective placement of the individual in an 
intermediate facility or a nursing facility, the court shall request a 
statement or testimony from the county department of the indi-
vidual’s county of residence that is participating in the program 
under s. 46.278 as to whether the individual’s needs could be met 
in a noninstitutional setting, except that, if s. 46.279 (4m) applies 
to the individual, the court shall request the statement or testi-
mony from the department, rather than the county department.
History: 2005 a. 264 ss. 131 to 134, 161; 2005 a. 387 s. 117; 2007 a. 45.
A proposed ward’s rightful refusal to participate in a court-ordered evaluation 
will not obstruct a guardianship and protective placement proceeding. Due process 
requires that the examining professional, when confronted with an uncooperative in-
dividual, engage in an independent review of all records that are available. Due 
process prevents the examining professional from regurgitating the opinions of other 
physicians and psychologists, without independently confirming the facts those 
opinions are based upon. Walworth County v. Therese B., 2003 WI App 223, 267 
Wis. 2d 310, 671 N.W.2d 377, 03-0967.
NOTE: The above annotation relates to protective placements under this 
chapter prior to the revision of this chapter by 2005 Wis. Act 264.
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 evidence, shall order the county de-
partment or agency with which it contracts under s. 55.02 (2) to 
provide protective placement or protective services to the 
individual.
(2) Subject to s. 46.279, protective placement may be made to 
nursing homes, public medical institutions, centers for the devel-
opmentally disabled under the requirements of s. 51.06 (3), foster 
care services or other home placements, or to other appropriate 
facilities, but may not be made to units for the acutely mentally 
ill. An individual who is subject to an order for protective place-
ment or protective services may be detained on an emergency ba-
sis under s. 51.15 or involuntarily committed under s. 51.20 or 
may be voluntarily admitted to a treatment facility for inpatient 
care under s. 51.10 (8). No individual who is subject to an order 
for protective placement or services may be involuntarily trans-
ferred to, detained in, or committed to a treatment facility for care 
except under s. 51.15 or 51.20. Protective placement in a locked 
unit shall require a specific finding of the court as to the need for 
the action.
(3) Protective placement or protective services provided by a 
county department or an agency with which it contracts under s. 
55.02 (2) are subject to s. 46.279 and shall be provided in the least 
restrictive environment and in the least restrictive manner consis-
tent with the needs of the individual to be protected and with the 
resources of the county department.
(4) Factors that a county department shall consider in provid-
ing protective placement or protective services shall include the 
needs of the individual to be protected for health, social, or reha-
bilitative services; the level of supervision needed; the reason-
ableness of the placement or services given the cost and the ac-
tual benefits in the level of functioning to be realized by the indi-
vidual; the limits of available state and federal funds and of 
county funds required to be appropriated to match state funds; 
and the reasonableness of the protective placement or protective 
services given the number or projected number of individuals 
who will need protective placement or protective services and 
given the limited funds available.
(5) Except as provided in s. 49.45 (30m), the county may not 
be required to provide funding, in addition to its funds that are re-
quired to be appropriated to match state funds, in order to provide 
protective placement or protective services to an individual. Pro-
tective placement under this section does not replace commit-
ment of an individual in need of acute psychiatric treatment under 
s. 51.20 or 51.45 (13).
(6) If the county department or agency with which it con-
tracts under s. 55.02 (2) proposes to provide protective placement 
to an individual who has a developmental disability in an inter-
mediate facility or a nursing facility under an order under this 
section, the county department or agency, or, if s. 46.279 (4m) ap-
plies to the individual, the department or the department’s con-
tractor shall develop a plan under s. 46.279 (4) and furnish the 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 12 55.12 PROTECTIVE SERVICE SYSTEM
plan to the county department or agency and to the individual’s 
guardian. The county department or agency with which it con-
tracts under s. 55.02 (2) shall provide protective placement to the 
individual in a noninstitutional community setting in accord with 
the plan unless the court finds that protective placement in the in-
termediate facility or nursing facility is the most integrated set-
ting, as defined in s. 46.279 (1) (bm) , that is appropriate to the 
needs of the individual, taking into account information pre-
sented by all affected parties.
(7) If an individual to be protectively placed is a resident of a 
facility licensed for 16 or more beds, the court may consider 
whether moving the individual would create a serious risk of 
harm to that individual.
(8) The court may order protective services as an alternative 
to protective placement.
(9) The court may order psychotropic medication as a protec-
tive service only as provided in s. 55.14.
(10) (a) If a court orders protective services or protective 
placement of an individual under this section and if an order has 
not been made under s. 54.10 (3) (f) for the individual, the court 
shall determine if, under 18 USC 922 (g) (4), the individual is 
prohibited from possessing a firearm. If the individual is prohib-
ited, the court shall order the individual not to possess a firearm, 
order the seizure of any firearm owned by the individual, and in-
form the individual of the requirements and penalties under s. 
941.29.
(b) 1. If a court orders under par. (a) an individual not to pos-
sess a firearm, the individual may petition that court or the court 
in the county where the individual resides to cancel the order.
2. The court considering the petition under subd. 1. shall 
grant the petition if the court determines that the circumstances 
regarding the protective services or protective placement order 
under this section and the individual’s record and reputation indi-
cate that the individual is not likely to act in a manner dangerous 
to public safety and that the granting of the petition would not be 
contrary to public interest.
3. If the court grants the petition under subd. 2., the court 
shall cancel the order under par. (a) and order the return of any 
firearm ordered seized under par. (a).
(c) In lieu of ordering the seizure under par. (a), the court may 
designate a person to store the firearm until the order under par. 
(a) is canceled under par. (b) 3.
(d) If the court orders under par. (a) an individual not to pos-
sess a firearm or cancels under par. (b) 3. an order issued under 
par. (a), the court clerk shall notify the department of justice of 
the order or cancellation and provide any information identifying 
the individual that is necessary to permit an accurate firearms re-
strictions record search under s. 175.35 (2g) (c) , a background 
check under s. 175.60 (9g) (a), or an accurate response under s. 
165.63. No other information from the individual’s court records 
may be disclosed to the department of justice except by order of 
the court. The department of justice may disclose information 
provided under this paragraph only to respond to a request under 
s. 165.63, as part of a firearms restrictions record search under s. 
175.35 (2g) (c) , under rules the department of justice promul-
gates under s. 175.35 (2g) (d), or as part of a background check 
under s. 175.60 (9g) (a).
History: 2005 a. 264 ss. 135, 162; 2007 a. 45; 2009 a. 258; 2013 a. 168 s. 21; 
2013 a. 223.
A county’s duty under s. 55.06 (9) (a) [now sub. (1)] to provide the least restric-
tive environment is not limited according to funds available through state and federal 
funds and those that the county appropriates as matching funds. D.E.R. v. La Crosse 
County, 155 Wis. 2d 240, 455 N.W.2d 239 (1990).
A court may order an agency to do planning and implementation work necessary 
to fulfill the obligation to order placement conforming to s. 55.06 (9) (a) [now sub. 
(1)] and s. 51.61 (1) (e). Fond du Lac County v. J.G.S., 159 Wis. 2d 685 , 465 
N.W.2d 227 (Ct. App. 1990).
In protective placements under s. 55.06 (9) (a) [now sub. (1)], counties must make 
an affirmative showing of a good faith, reasonable effort to find an appropriate 
placement and to secure funding to pay for an appropriate placement. Counties bear 
the burden of showing whether funds are available and whether appropriate place-
ments may be developed within the limits of required funds. Dunn County v. Judy 
K., 2002 WI 87, 254 Wis. 2d 383, 647 N.W.2d 799, 00-3135.
NOTE: The above annotations relate to protective placements under this 
chapter prior to the revision of this chapter by 2005 Wis. Act 264.
Section 752.31 (2) (d) and (3) provides that appeals in protective placement cases 
under this chapter are heard by a single court of appeals judge while the general rule 
under s. 752.31 (1) is that cases disposed of on the merits, including guardianship 
orders under ch. 54, are heard by a three-judge panel. When an appeal is taken from 
a single action granting both a guardianship and protective placement petition, the 
appeal is to be decided by a three-judge panel. Waukesha County v. Genevieve M., 
2009 WI App 173, 322 Wis. 2d 131, 776 N.W.2d 640, 09-1755.
The Department of Workforce Development (DWD) does not possess authority 
to independently determine, for worker’s compensation purposes, the reasonable-
ness and medical necessity of a protectively placed injured employee’s court-ordered 
transfer to the least restrictive environment under this chapter. DWD’s authority is 
limited to resolving disputes regarding the reasonableness or necessity of treatment 
provided to an injured employee, which permits DWD to evaluate the treatment an 
employee receives within a placement, but not the placement itself. LaBeree v. 
LIRC, 2010 WI App 148, 330 Wis. 2d 101, 793 N.W.2d 77, 09-1628.
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 substantial risk of serious physical harm.
(2) If the county department or agency with which the county 
department contracts under s. 55.02 (2) that is providing emer-
gency protective services to an individual under sub. (1) has rea-
son to believe that the individual meets the criteria for protective 
services under s. 55.08 (2), the county department or agency may 
file a petition under s. 55.075. If a petition is filed, a preliminary 
hearing shall be held within 72 hours, excluding Saturdays, Sun-
days, and legal holidays, to establish probable cause that the crite-
ria under s. 55.08 (2) are present. The county department or 
agency shall provide the individual with written notice and orally 
inform the individual of the time and place of the preliminary 
hearing. If the individual is not under guardianship, a petition for 
guardianship shall accompany the petition under s. 55.08 (2), ex-
cept in the case of a minor who is alleged to have a developmental 
disability.
(3) Upon finding probable cause under sub. (2), the court may 
order emergency protective services to continue to be provided 
for up to 60 days pending the hearing on protective services under 
s. 55.10.
(4) If it is necessary to enter a premises forcibly to provide or 
investigate the need for emergency protective services, the staff 
member of a county department shall obtain a court order autho-
rizing entry and shall make the entry accompanied by a sheriff, 
police officer, or member of a fire department. When it appears 
probable that substantial physical harm, irreparable injury, or 
death may occur to an individual, the police officer, fire fighter, 
or sheriff may enter a premises without a court order if the time 
required to obtain such an order would result in greater risk of 
physical harm to the individual.
(5) If a forcible entry is made under sub. (4), a report of the 
exact circumstances, including the date, time, place, factual basis 
for the need of the entry, and the exact services rendered, shall be 
made and forwarded to the court within 14 days after entry by the 
person making the entry.
History: 2005 a. 264 ss. 98, 99, 100, 163; 2007 a. 45.
55.135 Emergency and temporary protective place-
ment. (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 repre-
sentative of a county department or an agency with which it con-
tracts under s. 55.02 (2), it appears probable that an individual is 
so totally incapable of providing for his or her own care or cus-
tody as to create a substantial risk of serious physical harm to 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
PROTECTIVE SERVICE SYSTEM 55.1413 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
himself or herself or others as a result of developmental disabil-
ity, degenerative brain disorder, serious and persistent mental ill-
ness, or other like incapacities if not immediately placed, the in-
dividual who personally made the observation or to whom the re-
port is made may take into custody and transport the individual to 
an appropriate medical or protective placement facility. The per-
son making emergency protective placement shall prepare a state-
ment at the time of detention providing specific factual informa-
tion concerning the person’s observations or reports made to the 
person and the basis for emergency placement. The statement 
shall be filed with the director of the facility and with any petition 
under s. 55.075. At the time of emergency protective placement 
the individual shall be informed by the director of the facility or 
the director’s designee, orally and in writing, of his or her right to 
contact an attorney and a member of his or her immediate family 
and the right to have an attorney provided at public expense, as 
provided under s. 55.105. The director or designee shall also pro-
vide the individual with a copy of the statement by the person 
making emergency protective placement.
(2) Whoever signs a statement under sub. (1) knowing the in-
formation contained in the statement to be false is guilty of a 
Class H felony.
(3) A person who acts in accordance with this section is not 
liable for any actions performed in good faith.
(4) When an individual is detained under this section, a peti-
tion shall be filed under s. 55.075 by the person making the emer-
gency protective placement and a preliminary hearing shall be 
held within 72 hours, excluding Saturdays, Sundays and legal hol-
idays, to establish probable cause to believe the grounds for pro-
tective placement under s. 55.08 (1). The sheriff or other person 
making emergency protective placement under sub. (1) shall pro-
vide the individual with written notice and orally inform him or 
her of the time and place of the preliminary hearing. If the de-
tainee is not under guardianship, a petition for guardianship shall 
accompany the protective placement petition, except in the case 
of a minor who is alleged to have a developmental disability. In 
the event that protective placement is not appropriate, the court 
may elect to treat a petition for protective placement as a petition 
for commitment under s. 51.20 or 51.45 (13).
(5) Upon finding probable cause under sub. (4), the court may 
order temporary protective placement up to 30 days pending the 
hearing for a permanent protective placement, or the court may 
order such protective services as may be required. If the court or-
ders under this subsection an individual who has a developmental 
disability to receive temporary protective placement in an inter-
mediate facility or in a nursing facility, and if at the hearing for 
permanent protective placement the court orders that the individ-
ual be provided protective placement, the court may, before com-
mencement of permanent protective placement, extend the tem-
porary protective placement order for not more than 90 days if 
necessary for the county department that is participating in the 
program under s. 46.278 or, if s. 46.279 (4m) applies, the depart-
ment’s contractor to develop the plan required under s. 46.279 
(4).
(6) A law enforcement agency, fire department, or county de-
partment or agency with which it contracts under s. 55.02 (2) 
shall designate at least one employee authorized to take an indi-
vidual into custody under this section who shall attend the in-ser-
vice training on emergency detention and emergency protective 
placement offered by a county department of community pro-
grams under s. 51.42 (3) (ar) 4. d. , if the county department of 
community programs serving the designated employee’s jurisdic-
tion offers an in-service training program.
History: 2005 a. 264 ss. 144 to 149, 164; 2005 a. 388 s. 165; 2007 a. 20 , 45; 
2009 a. 180.
When a placement extended past the 30-day limit under s. 55.06 (11) (c) [now 
sub. (5)] before a final hearing was held, the court lost authority to extend the place-
ment. N.N. v. County of Dane, 140 Wis. 2d 64, 409 N.W.2d 388 (Ct. App. 1987).
Section 55.06 (11) (c) [now sub. (5)] required dismissal of the proceedings for 
failure to hold a permanent placement hearing within 30 days of the probable cause 
hearing; immediate refiling of the petition and emergency detention following dis-
missal without prejudice was impermissible. State ex rel. Sandra D. v. Getto, 175 
Wis. 2d 490, 498 N.W.2d 892 (Ct. App. 1993).
An emergency protective placement must be based on personal observation by 
one of the individuals listed in s. 55.06 (11) (a) [now sub. (1)]. Costs could not be 
assessed against the subject of an emergency placement proceeding that was outside 
the statutory guidelines. Ethelyn I.C. v. Waukesha County, 221 Wis. 2d 109 , 584 
N.W.2d 211 (Ct. App. 1998), 97-2236.
A circuit court loses competence if the hearing under s. 55.06 (11) (b) [now sub. 
(4)] is not held within 72 hours after the person is first taken into custody. The filing 
of a new petition does not start the clock anew. Kindcare, Inc. v. Judith G., 2002 WI 
App 36, 250 Wis. 2d 817, 640 N.W.2d 839, 00-3450.
NOTE: The above annotations relate to protective placements under this 
chapter prior to the revision of this chapter by 2005 Wis. Act 264.
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 protests receipt of the 
psychotropic medication.
2. Forcibly restraining an individual to enable administration 
of psychotropic medication.
3. Requiring an individual to take psychotropic medication 
as a condition of receiving privileges or benefits.
(b) “Not competent to refuse psychotropic medication” means 
that, as a result of developmental disability, degenerative brain 
disorder, serious and persistent mental illness, or other like inca-
pacities, and after the advantages and disadvantages of and alter-
natives to accepting the particular psychotropic medication have 
been explained to an individual, one of the following is true:
1. The individual is incapable of expressing an understand-
ing of the advantages and disadvantages of accepting treatment 
and the alternatives to accepting treatment.
2. The individual is substantially incapable of applying an 
understanding of the advantages, disadvantages and alternatives 
to his or her condition in order to make an informed choice as to 
whether to accept or refuse psychotropic medication.
(c) “Protest” means make more than one discernible negative 
response, other than mere silence, to the offer of, recommenda-
tion for, or other proffering of voluntary receipt of psychotropic 
medication. “Protest” does not mean a discernible negative re-
sponse to a proposed method of administration of the psy-
chotropic medication.
(d) “Psychotropic medication” means a prescription drug, as 
defined in s. 450.01 (20), that is used to treat or manage a psychi-
atric symptom or challenging behavior.
(2) Involuntary administration of psychotropic medication, 
with consent of a guardian, may be ordered as a protective service 
only under the requirements of this section.
(3) In addition to the other requirements of this chapter per-
taining to petitions for protective services, a petition under this 
section shall allege that all of the following are true:
(a) A physician has prescribed psychotropic medication for 
the individual.
(b) The individual is not competent to refuse psychotropic 
medication.
(c) The individual has refused to take the psychotropic medi-
cation voluntarily or attempting to administer psychotropic medi-
cation to the individual voluntarily is not feasible or is not in the 
best interests of the individual. If the petition alleges that the in-
dividual has refused to take psychotropic medication voluntarily, 
the petition shall identify the reasons, if known, for the individ-
ual’s refusal to take psychotropic medication voluntarily. The pe-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 14 55.14 PROTECTIVE SERVICE SYSTEM
tition also shall provide evidence showing that a reasonable num-
ber of documented attempts to administer psychotropic medica-
tion voluntarily using appropriate interventions that could rea-
sonably be expected to increase the individual’s willingness to 
take psychotropic medication voluntarily have been made and 
have been unsuccessful. If the petition alleges that attempting to 
administer psychotropic medications to the individual voluntarily 
is not feasible or is not in the best interests of the individual, the 
petition shall identify specific reasons supporting that allegation.
(d) The individual’s condition for which psychotropic medi-
cation has been prescribed is likely to be improved by administra-
tion of psychotropic medication and the individual is likely to re-
spond positively to psychotropic medication.
(e) Unless psychotropic medication is administered involun-
tarily, the individual will incur a substantial probability of physi-
cal harm, impairment, injury, or debilitation or will present a sub-
stantial probability of physical harm to others. The substantial 
probability of physical harm, impairment, injury, or debilitation 
shall be evidenced by one of the following:
1. The individual’s history of at least 2 episodes, one of 
which has occurred within the previous 24 months, that indicate 
a pattern of overt activity, attempts, threats to act, or omissions 
that resulted from the individual’s failure to participate in treat-
ment, including psychotropic medication, and that resulted in a 
finding of probable cause for commitment under s. 51.20 (7), a 
settlement agreement approved by a court under s. 51.20 (8) (bg), 
or commitment ordered under s. 51.20 (13).
2. Evidence that the individual meets one of the dangerous-
ness criteria set forth in s. 51.20 (1) (a) 2. a. to e.
(4) A petition under this section must include a written state-
ment signed by a physician who has personal knowledge of the 
individual that provides general clinical information regarding the 
appropriate use of psychotropic medication for the individual’s 
condition and specific data that indicates that the individual’s 
current condition necessitates the use of psychotropic 
medication.
(5) The guardian ad litem appointed under s. 55.10 (4) (b) for 
an individual who is the subject of a petition under this section 
shall report to the court whether the allegations in the petition re-
quired under sub. (3) are true, and whether involuntary adminis-
tration of psychotropic medication is in the best interests of the 
individual.
(6) If requested by an individual who is the subject of a peti-
tion under this section or anyone on his or her behalf, the individ-
ual has the right at his or her own expense, or if indigent at the ex-
pense of the county in which the petition is filed, to secure an in-
dependent medical or psychological examination relevant to the 
issues of whether the allegations in the petition required under 
sub. (3) are true, and whether involuntary administration of psy-
chotropic medication is in the best interest of the individual, and 
to present a report of this independent evaluation or the evalua-
tor’s personal testimony as evidence at the hearing.
(7) Upon the filing of a petition under this section, the court 
shall make a referral for appointment of legal counsel as provided 
under s. 55.105. A petition under this section shall be heard 
within 30 days after it is filed.
(8) The court may issue an order authorizing an individual’s 
guardian to consent to involuntary administration of psychotropic 
medication to the individual and may order involuntary adminis-
tration of psychotropic medication to the individual as a protec-
tive service, with the guardian’s consent, if the court or jury finds 
by clear and convincing evidence that the allegations in the peti-
tion required under sub. (3) are true, all other requirements for in-
voluntary administration of psychotropic medication under this 
section have been met, psychotropic medication is necessary for 
treating the condition described in the statement under sub. (4), 
and all other requirements of this chapter for ordering protective 
services have been met. An order under this section shall do all 
of the following:
(a) Direct the development of a treatment plan for the individ-
ual specifying the protective services, including psychotropic 
medication as ordered by the treating physician, that the individ-
ual should receive. If the individual resides in a nursing home or 
hospital, the nursing home or hospital shall develop the treatment 
plan. If the individual resides elsewhere, the county department 
or an agency with which it contracts under s. 55.02 (2) shall de-
velop the treatment plan. The treatment plan shall include a plan 
for the involuntary administration of psychotropic medication to 
the individual. The treatment plan is subject to the approval of 
the guardian and to review and approval by the court. If the court 
approves the plan, the court shall order the county department or 
an agency with which it contracts under s. 55.02 (2) to ensure that 
psychotropic medication is administered in accordance with the 
treatment plan.
(b) Order the individual to comply with the treatment plan un-
der par. (a). The order shall provide that if the individual fails to 
comply with provisions of the treatment plan that require the in-
dividual to take psychotropic medications, the medications may 
be administered involuntarily with consent of the guardian. The 
order shall specify the methods of involuntary administration of 
psychotropic medication to which the guardian may consent. An 
order authorizing the forcible restraint of an individual shall spec-
ify that a person licensed under s. 441.06, 441.10, 448.05 (2), or 
448.974 shall be present at all times that psychotropic medication 
is administered in this manner and shall require the person or fa-
cility using forcible restraint to maintain records stating the date 
of each administration, the medication administered, and the 
method of forcible restraint utilized.
(9) If an individual who is subject to an order under this sec-
tion is not in compliance with the order because he or she refuses 
to take psychotropic medication as ordered under the treatment 
plan, and it is necessary for the individual to be transported to an 
appropriate facility for forcible restraint for administration of 
psychotropic medication, the corporation counsel may file with 
the court a statement of the facts that constitute the basis of the 
noncompliance of the individual. The statement shall be sworn 
to be true and shall be based upon the information and belief of 
the person filing the statement. The statement shall be signed by 
the individual’s guardian and by the director or designee of the 
county department or an agency with which it contracts under s. 
55.02 (2) to develop and administer the treatment plan. Upon re-
ceipt of the statement of noncompliance, if the court finds by 
clear and convincing evidence that the individual has substan-
tially failed to comply with the administration of psychotropic 
medication as ordered under the treatment plan, the court may is-
sue an order authorizing the sheriff or any other law enforcement 
agency in the county in which the individual is found or in which 
it is believed that the individual may be present to take the indi-
vidual into custody and transport him or her to an appropriate fa-
cility for administration of psychotropic medication using 
forcible restraint, with consent of the guardian.
(10) Nothing in this section prohibits the involuntary admin-
istration of psychotropic medication as an emergency protective 
service under s. 55.13.
(11) The county department or an agency with which it con-
tracts under s. 55.02 (2) shall provide to the department a copy of 
any order issued under this section that applies to any protectively 
placed individual in the county.
(12) The department shall annually submit to the legislature 
under s. 13.172 (2) a report regarding orders under this section.
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
PROTECTIVE SERVICE SYSTEM 55.1615 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
(13) An order under this section is subject to annual review 
under s. 55.19.
History: 2005 a. 264 ss. 165, 195; 2005 a. 387 ss. 121, 302; 2007 a. 20; 2007 a. 
45; 2009 a. 180; 2021 a. 23.
55.15 Transfer of an individual under a protective 
placement order. (1) TRANSFERS AUTHORIZED. An individ-
ual under a protective placement order may be transferred be-
tween protective placement units, between protective placement 
facilities, or from a protective placement unit to a medical facil-
ity. The individual may not be transferred, under the protective 
placement order, to any facility for which commitment proce-
dures are required under ch. 51.
(2) WHO MAY TRANSFER. A guardian, a county department 
or agency with which it contracts under s. 55.02 (2) that provided 
protective placement to the individual pursuant to the order of the 
court, the department, or a protective placement facility may 
transfer an individual under a protective placement order under 
the requirements of this section, notwithstanding the fact that a 
court order has named a specific facility for the protective place-
ment of the individual.
(3) CONSENT OF GUARDIAN REQUIRED. No individual may be 
transferred under this section without the written consent of the 
individual’s guardian, except in the case of an emergency transfer 
under sub. (5) (b).
(4) CONSENT OF COUNTY DEPARTMENT. No individual may 
be transferred under this section to a facility that is more costly to 
the county without the written consent of the county department, 
except in the case of an emergency transfer under sub. (5) (b).
(5) NOTICE OF TRANSFER. (a) Nonemergency transfer. A 
person or entity who initiates a transfer shall provide 10 days’ 
prior written notice of a transfer to the court that ordered the pro-
tective placement and to each of the other persons and entities 
specified in sub. (2) who did not initiate the transfer. The notice 
of transfer shall include notice of the right of the individual under 
a protective placement, the individual’s attorney, if any, or other 
interested person to petition the court for a hearing on the 
transfer.
(b) Emergency transfer. If an emergency makes it impossible 
to provide the notice specified in par. (a) or to obtain the prior 
written consent of the guardian specified in sub. (3), the individ-
ual may be transferred without the prior written consent of the 
guardian and without the notice specified in par. (a). Written no-
tice shall be provided immediately upon transfer to each of the 
persons and entities specified under sub. (2) who did not initiate 
the transfer. Notice shall also be provided to the court that or-
dered the protective placement within a reasonable time, not to 
exceed 48 hours from the time of transfer. The notice shall in-
clude notice of the right to file with the court under sub. (6) a pe-
tition objecting to the emergency transfer.
(6) PETITION. An individual under protective placement, the 
individual’s guardian, the individual’s attorney, if any, or any 
other interested person may file a petition with the court object-
ing to a proposed transfer or to an emergency transfer made under 
sub. (5) (b). The petition shall specify the reasons for the per-
son’s objection to the transfer.
(7) HEARING. (a) The court shall order a hearing within 10 
days after the filing of a petition under sub. (6).
(b) The court shall notify the petitioner, the individual under 
protective placement, the individual’s guardian, the individual’s 
attorney, if any, and the county department of the time and place 
of the hearing.
(c) A guardian ad litem shall be appointed to represent the in-
dividual under protective placement at the hearing. If the individ-
ual is an adult who is indigent, the county in which the hearing is 
held shall be liable for guardian ad litem fees. If the individual is 
a minor, the individual’s parents or the county in which the hear-
ing is held shall be liable for guardian ad litem fees as provided in 
s. 48.235 (8).
(cm) The court shall refer the individual under protective 
placement for appointment of legal counsel as provided under s. 
55.105 if the individual, the individual’s guardian ad litem, or 
anyone on the individual’s behalf requests that counsel be ap-
pointed for the individual.
(d) The petitioner, individual under protective placement, the 
individual’s guardian, the individual’s guardian ad litem, and the 
individual’s attorney, if any, have the right to attend the hearing 
and to present and cross-examine witnesses.
(8) STANDARD FOR TRANSFER. In determining whether to ap-
prove a proposed transfer or an emergency transfer made under 
sub. (5) (b), the court shall consider all of the following:
(a) Whether the requirements of s. 55.12 (2) and (6) are met.
(b) Whether the protective placement is in the least restrictive 
environment consistent with the requirements of s. 55.12 (3), (4), 
and (5) or, if the transfer is to an intermediate facility or nursing 
facility, is in the most integrated setting, as defined in s. 46.279 
(1) (bm).
(c) Whether the protective placement is in the best interests of 
the person under protective placement.
(9) ORDER RELATING TO TRANSFER. Following the hearing 
under sub. (7), the court shall do one of the following:
(a) If the court finds that the individual continues to meet the 
standards under s. 55.08 (1) and the individual’s proposed protec-
tive placement does not meet the standards for transfer under sub. 
(8), the court shall issue an order prohibiting the transfer. The 
court shall include the information relied upon as a basis for the 
order and shall make findings based on the standards under sub. 
(8) in support of the denial of the transfer.
(b) If the court finds that the individual continues to meet the 
standards under s. 55.08 (1) and the proposed transfer meets the 
standard under sub. (8), the court shall approve the proposed 
transfer. The court may order protective services along with 
transfer of protective placement. The court shall include the in-
formation relied upon as a basis for the order and shall make find-
ings based on the standards in s. 55.08 (1) in support of the need 
for continued protective placement.
(c) If the court finds that the individual no longer meets the 
standards under s. 55.08 (1), the court shall terminate the protec-
tive placement, as provided in s. 55.17.
History: 2005 a. 264; 2007 a. 20, 45.
Based on principles of comity and the orderly administration of justice, this case 
sets forth standards for Wisconsin courts to follow when confronted with the trans-
fer of interstate guardianships. Grant County Department of Social Services v. Uni-
fied Board, 2005 WI 106, 283 Wis. 2d 258, 700 N.W.2d 863, 03-0634.
Former s. 55.06 (9) (b), 2003 stats., did not authorize a guardian to move the ward 
out of state, change the ward’s domicile, and transfer the guardianship to Connecti-
cut, all without prior approval. Linda L. v. Collis, 2006 WI App 105, 294 Wis. 2d 
637, 718 N.W.2d 205, 05-0494.
NOTE: The above annotations relate to protective placements under this 
chapter prior to the revision of this chapter by 2005 Wis. Act 264.
55.16 Modification of an order for protective place-
ment or protective services. (1) USE OF TRANSFER PROVI-
SIONS. If a petitioner is an entity authorized under s. 55.15 (2) to 
transfer an individual under a protective placement and the modi-
fication sought is a transfer of an individual between protective 
placement units, between protective placement facilities, or from 
a protective placement unit to a medical facility that is not a psy-
chiatric facility, the petitioner may utilize the procedure in s. 
55.15 in lieu of the procedure under this subsection.
(2) PETITION. (a) Filing; services. Subject to par. (d), an in-
dividual under protective placement or receiving protective ser-
vices, the individual’s guardian, the individual’s legal counsel or 
guardian ad litem, if any, the department, the county department 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 16 55.16 PROTECTIVE SERVICE SYSTEM
that placed the individual or provided the protective services un-
der an order of the court, an agency with which the county de-
partment contracts under s. 55.02 (2), or any interested person 
may file a petition at any time for modification of an order for 
protective services or protective placement. The petition shall be 
served on the individual, the individual’s guardian, the individ-
ual’s legal counsel and guardian ad litem, if any, and the county 
department.
(b) Modification of an order for protective placement; allega-
tions. A petition for modification of an order for protective place-
ment shall make one of the following allegations:
1. That the protective placement is not in the least restrictive 
environment that is consistent with the requirements of s. 55.12 
(3), (4), and (5).
2. That a protective placement in a facility with a higher level 
of restrictiveness would be more consistent with the requirements 
of s. 55.12 (3), (4), and (5).
3. That a protective placement in a different facility with the 
same level of restrictiveness as the current placement would be 
more consistent with the requirements of s. 55.12 (4) and (5) for 
reasons unrelated to the level of restrictiveness.
(c) Modification of an order for protective services; allega-
tions. 1. A petition for modification of an order for protective 
services, other than an order under s. 55.14, shall allege that the 
protective services are not provided in the least restrictive envi-
ronment or manner that is consistent with the requirements of s. 
55.12 (3), (4), and (5).
2. A petition for modification of an order under s. 55.14 shall 
allege that modification of the order or the treatment plan for the 
individual would be in his or her best interests.
(d) Residents of southern center. The department may not file 
a petition under par. (a) for modification of an order for protective 
placement to transfer a resident of the southern center for the de-
velopmentally disabled to a less restrictive setting unless the resi-
dent’s guardian provides explicit written approval and consent for 
the transfer under s. 51.35 (1) (dm).
(3) HEARING. (a) The court shall order a hearing within 21 
days after the filing of a petition under sub. (2), except that the 
court is not required to order a hearing if a hearing on a court-or-
dered protective placement for the individual or on a petition for 
court-ordered protective services or transfer of protective place-
ment with respect to the individual has been held within the pre-
vious 6 months.
(b) The court may extend the 21-day limitation in par. (a) if 
requested by the individual or the individual’s guardian, guardian 
ad litem, or legal counsel.
(c) The hearing shall be subject to s. 55.10.
(4) ORDER MODIFICATION FOR INDIVIDUAL UNDER PROTEC-
TIVE PLACEMENT. After a hearing under sub. (3) on a petition for 
modification 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 place-
ment 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 protective placement in the facility in which 
the individual 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 consis-
tent with the requirements of s. 55.12 (3), (4), and (5), the court 
shall order transfer of the individual to a protective placement 
that is in the least restrictive environment consistent with the re-
quirements of s. 55.12 (3), (4), and (5). In lieu of ordering trans-
fer of the individual to a specific facility, the court may order the 
county department of the individual’s residence to develop or rec-
ommend a protective placement that is in the least restrictive en-
vironment consistent with the requirements of s. 55.12 (3), (4), 
and (5), and arrange for the individual’s transfer to that protective 
placement within 60 days after the court’s order. The court may 
extend this time period to permit development of a protective 
placement. The court may order protective services along with 
transfer of protective placement.
(c) If the court finds that the individual no longer meets the 
standards under s. 55.08 (1), the court shall terminate the protec-
tive placement, as provided in s. 55.17 (3) (c).
(5) ORDER MODIFICATION FOR INDIVIDUAL RECEIVING 
COURT-ORDERED PROTECTIVE SERVICES. (a) After a hearing un-
der sub. (3) on a petition for modification of an order for protec-
tive 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 court finds that the individual continues to meet the 
standards under s. 55.08 (2) and the current protective services 
are provided in the least restrictive manner that is consistent with 
the requirements of s. 55.12 (3), (4), and (5), the court shall con-
tinue the order for protective services.
2. If the court finds that 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 least restrictive manner 
that is consistent with the requirements of s. 55.12 (3), (4), and 
(5), the court shall order protective services that are more consis-
tent with those requirements. The services shall be provided in 
the least restrictive manner consistent with the requirements of s. 
55.12 (3), (4), and (5).
3. If the court finds that the individual no longer meets the 
standards for protective services under s. 55.08 (2), the court shall 
terminate the order for protective services, as provided in s. 55.17 
(4) (a) 3.
(b) After a hearing under sub. (3) on a petition for modifica-
tion of an order under s. 55.14, the court shall make one of the or-
ders required under s. 55.19 (3) (e) and shall include in the order 
the information relied on as a basis for that order.
History: 2005 a. 264; 2007 a. 45; 2009 a. 28.
55.17 Termination of an order for protective place-
ment 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 pro-
tective 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 al-
lege 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 re-
lied 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 place-
ment is in the least restrictive environment that is consistent with 
the requirements of s. 55.12 (3), (4), and (5), the court shall order 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
PROTECTIVE SERVICE SYSTEM 55.1817 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
continuation of the individual’s protective placement in the facil-
ity 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 consis-
tent 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 re-
spect to protective services. If the court determines that the indi-
vidual 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 re-
quirements 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 cur-
rent residential facility, the county department shall assist the res-
idential facility with discharge planning for the individual, in-
cluding 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 arrange-
ment. 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 fol-
lowing 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 con-
tinue 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 protec-
tive 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.
History: 2005 a. 264 ss. 142, 168; 2007 a. 45.
Under this section, 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 this section provide that the court may termi-
nate an order for protective placement if under s. 55.055 (1) the person could remain 
in the facility without a protective order. Jackson County Department of Health & 
Human Services v. Susan H., 2010 WI App 82, 326 Wis. 2d 246, 785 N.W.2d 677, 
09-1997.
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, continua-
tion of full or limited guardianship, or, if the individual has no 
guardian, guardianship. If the county department’s recommen-
dation includes a course of action for which court approval would 
be required, the county department shall make the recommenda-
tion to the court. Prior to discharge of the individual from any 
mental health institute or center for the developmentally disabled, 
the department shall make the review under s. 51.35 (7).
History: 2005 a. 264 s. 151; 2005 a. 387 s. 119; 2007 a. 45.
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) 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 in-
dividual 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 com-
pleting a report of the review, invite the individual and the 
guardian to submit comments or information concerning the indi-
vidual’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 su-
pervision 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 in-
dividual 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 termi-
nated or whether the individual should be placed in another facil-
ity 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 re-
porting period by the county department with respect to termina-
tion 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 depart-
ment 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.
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 18 55.18 PROTECTIVE SERVICE SYSTEM
2. File with the court under subd. 1. a petition for annual re-
view 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.
(ar) If the individual has a developmental disability and is 
protectively placed in an intermediate facility or a nursing facil-
ity, the agency that is responsible for the protective placement 
shall notify in writing the county department of the county of res-
idence of the individual that is participating in the program under 
s. 46.278 or, if s. 46.279 (4m) applies to the individual, the de-
partment, at least 120 days before the review. The county depart-
ment so notified or, if s. 46.279 (4m) applies, the department’s 
contractor, shall develop a plan under s. 46.279 (4) and furnish 
the plan to the court that ordered the protective placement and to 
the individual’s guardian. The court shall order that the individ-
ual be transferred to the noninstitutional community setting in ac-
cordance with the plan unless the court finds that protective 
placement in the intermediate facility or nursing facility is the 
most integrated setting, as defined in s. 46.279 (1) (bm) , that is 
appropriate to the needs of the individual taking into account in-
formation presented by all affected parties.
(b) If, following an annual review of an individual’s status un-
der par. (a), the individual or the individual’s guardian or 
guardian ad litem requests modification or termination of the in-
dividual’s protective placement and a hearing under the require-
ments of s. 55.10 (2) to (4) is provided, or if a hearing under the 
requirements of s. 55.10 (2) to (4) is provided pursuant to a peti-
tion for modification or termination of the protective placement, 
the county is not required to initiate a subsequent review of the 
individual’s status under par. (a) until the first day of the 11th 
month after the date that the court issues a final order after the 
hearing.
(bm) If the individual is subject to an order for involuntary ad-
ministration of psychotropic medication under s. 55.14, the re-
view under par. (a) shall be conducted simultaneously with the 
review under s. 55.19.
(c) The review under par. (a) may not be conducted by a per-
son who is an employee of the facility in which the individual 
resides.
(1m) COUNTY AGREEMENT. The county of residence of an 
individual whose placement is in a different county may enter 
into an agreement with that county under which the county of the 
individual’s placement performs all or part of the duties of the 
county of residence under this section.
(2) GUARDIAN AD LITEM APPOINTMENT AND REPORT. After a 
county department has filed a report with a court under sub. (1) 
(a) 1., the court shall appoint a guardian ad litem in accordance 
with s. 757.48 (1) . The guardian ad litem shall do all of the 
following:
(a) Review the report filed under sub. (1) (a) 1., the report re-
quired under s. 54.25 (1) (a), and any other relevant reports on the 
individual’s condition and placement.
(b) Meet with the individual and contact the individual’s 
guardian and orally explain to the individual and guardian all of 
the following:
1. The procedure for review of protective placement.
2. The right of the individual to appointment of legal counsel 
under sub. (3) (c).
3. The right to an evaluation under sub. (3) (b).
4. The contents of the report under sub. (1) (a) 1.
5. That a change in or termination of protective placement 
may be ordered by the court.
6. The right to a hearing under sub. (3) (d) and an explana-
tion that the individual or the individual’s guardian may request a 
hearing that meets the requirements under s. 55.10 (2) to (4).
(c) Provide the information required under par. (b) to the indi-
vidual and to the individual’s guardian in writing.
(d) Review the individual’s condition, placement, and rights 
with the individual’s guardian.
(e) Ascertain whether the individual wishes to exercise any of 
his or her rights under sub. (3) (b), (c), or (d).
(f) Within 30 days after appointment, file with the court a 
written report based on information obtained under this subsec-
tion and any other evaluations or records of the individual. The 
report shall discuss whether the individual appears to continue to 
meet the standards for protective placement under s. 55.08 (1) 
and whether the protective placement is in the least restrictive en-
vironment that is consistent with the individual’s needs. The re-
port shall also state whether any of the following apply:
1. An evaluation under sub. (3) (b) is requested by the indi-
vidual or the individual’s guardian ad litem or guardian.
2. The individual or the individual’s guardian requests modi-
fication or termination of the protective placement.
3. The individual or the individual’s guardian requests or the 
guardian ad litem recommends that legal counsel be appointed 
for the individual.
4. The individual or the individual’s guardian or guardian ad 
litem requests a hearing that meets the requirements of s. 55.10 
(2) to (4) for the individual.
(g) Certify to the court that he or she has complied with the 
requirements of pars. (a) to (e).
(3) COURT REVIEW OF REPORTS; HEARING; ORDER. (a) The 
court that ordered protective placement for an individual under s. 
55.12 shall review the report of the guardian ad litem under sub. 
(2) (f), the report filed under sub. (1) (a) 1. , and the report re-
quired under s. 54.25 (1) (a).
(b) The court shall order an evaluation, by a person who is not 
an employee of the county department of the physical, mental, 
and social condition of the individual and the service needs of the 
individual that is independent of the review performed under sub. 
(1) (a) if any of the following apply:
1. The report required under sub. (1) (a) 1. is not timely filed, 
or the court determines that the report fails to meet the require-
ments of sub. (1) (c).
2. Following review of the guardian ad litem’s report under 
sub. (2) (f), the court determines that an independent evaluation 
for the individual is necessary.
3. The individual or the individual’s guardian or guardian ad 
litem so requests.
(bm) If an evaluation is ordered under par. (b), it shall be per-
formed at the expense of the individual or, if the individual is in-
digent, at the expense of the county under sub. (1) (a).
(br) The court shall order that the county department obtain 
any other necessary information with respect to the individual.
(c) The court shall refer an individual for appointment of legal 
counsel under s. 55.105 if any of the following apply:
1. Following review of the guardian ad litem’s report under 
sub. (2) (f), the court determines that legal counsel for the indi-
vidual is necessary.
2. The individual or the individual’s guardian or guardian ad 
litem so requests.
(d) The court shall order either a summary hearing or a hear-
ing under the requirements of s. 55.10 (2) to (4). A summary 
hearing shall be held on the record, may be held in court or by 
other means, including by telephone or videoconference, is not an 
evidentiary hearing, and does not require attendance by the indi-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
PROTECTIVE SERVICE SYSTEM 55.1919 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
vidual. The court shall hold a hearing under the requirements of 
s. 55.10 (2) to (4) if any of the following apply:
1. The individual or the individual’s guardian or guardian ad 
litem so requests.
2. The report under sub. (2) (f) indicates that the individual 
no longer meets the standards for protective placement under s. 
55.08 (1).
3. The report under sub. (2) (f) indicates that the current pro-
tective placement is not in the least restrictive environment con-
sistent with the individual’s needs.
4. The report under sub. (2) (f) indicates that the individual 
objects to the current protective placement.
(e) Following the hearing under par. (d), the court shall do one 
of the following:
1. 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 in the least restrictive environment that is consistent 
with the requirements of s. 55.12 (3), (4), and (5), the court shall 
order the continuation of the protective placement in the facility 
in which the individual resides at the time of the hearing. The 
court shall include in the order the information relied upon as a 
basis for the order and shall make findings based on the standards 
under s. 55.08 (1) in support of the need for continuation of the 
protective placement.
2. 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 consis-
tent with the requirements of s. 55.12 (3), (4), and (5), the court 
shall order transfer of the individual to a protective placement 
that is in the least restrictive environment consistent with the re-
quirements of s. 55.12 (3), (4), and (5). In lieu of ordering trans-
fer of the individual to a specific facility, the court may order the 
county department of residence to develop or recommend a pro-
tective placement that is in the least restrictive environment con-
sistent with the requirements of s. 55.12 (3), (4), and (5) and ar-
range for the individual’s transfer to that protective placement 
within 60 days after the court’s order. The court may extend this 
period to permit development of a protective placement. The 
court may order protective services as well as a transfer of protec-
tive placement. The court shall include in the order the informa-
tion relied upon as a basis for the order and shall make findings 
based on the standards under s. 55.08 (1) in support of the need 
for continued protective placement.
3. If the court finds that the individual no longer meets the 
standards under s. 55.08 (1), the court shall terminate the protec-
tive placement. If the protective placement is terminated, s. 55.17 
(3) (c) 1. to 3. shall apply.
(f) The court shall provide a copy of the order made under par. 
(e) to all of the following:
1. The individual.
2. The individual’s guardian, guardian ad litem, and legal 
counsel, if any, and the individual’s agent under an activated 
power of attorney for health care, if any.
3. The facility in which the individual resided when the peti-
tion for annual review was filed.
4. The county department under sub. (1) (a) and, if relevant, 
sub. (1m).
(4) ESTABLISHMENT OF COUNTY POLICY. The county depart-
ment shall ensure that no later than 180 days after November 1, 
2006, the county establishes a written policy that specifies proce-
dures to be followed in the county that are designed to ensure that 
annual reviews of all individuals who are subject to orders for 
protective placement under s. 55.12 or to orders for protective 
placement initially issued under s. 55.06 (9) (a), 2003 stats., re-
siding in the county are conducted as required by this section. 
The county department shall maintain a copy of the written pol-
icy and shall make the policy available for public inspection.
(5) REPORT BY REGISTER IN PROBATE. By the first January 31 
after November 1, 2006, and by every January 31 thereafter, the 
register in probate of each county shall file with the chief judge of 
the judicial administrative district a statement indicating whether 
each report and petition required to be filed by the county depart-
ment under sub. (1) that year has been filed. If the statement indi-
cates that a required report or petition has not been filed, the 
statement shall include an explanation of the reasons the report or 
petition has not been filed.
History: 2005 a. 264 ss. 140, 141, 169; 2007 a. 20, 45; 2015 a. 197 s. 51.
55.19 Annual review of order authorizing involuntary 
administration of psychotropic medication. All of the 
following shall be performed annually with respect to any indi-
vidual who is subject to an order under s. 55.14 or an order ini-
tially issued under s. 880.33 (4r), 2003 stats., authorizing invol-
untary administration of psychotropic medication:
(1) COUNTY DEPARTMENT PERFORMANCE OF REVIEW. (a) 
The county department of the individual’s county of residence 
shall, except as provided in sub. (1m), review, in compliance with 
the requirements of this section, the status of each individual who 
is the subject of the order. The review shall include a visit to the 
individual and a written evaluation of the physical, mental, and 
social condition of the individual that is relevant to the issue of 
the continued need for the order. The review shall be made a part 
of the permanent record of the individual. The county depart-
ment 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 in-
voluntary administration of psychotropic medication or other 
protective services. Not later than the first day of the 11th month 
after the initial order is made for an individual, except as provided 
in par. (b), and at least annually thereafter, the county department 
shall do all of the following:
1. File a report of the review with the court that issued the or-
der. The report of the review shall include information on all of 
the following:
a. Whether the individual continues to meet the standards for 
protective services.
b. Whether the individual is not competent to refuse psy-
chotropic medication, as defined in s. 55.14 (1) (b).
c. Whether the individual continues to refuse to take psy-
chotropic medication voluntarily; and whether attempting to ad-
minister psychotropic medication to the individual voluntarily is 
not feasible or is not in the best interests of the individual, includ-
ing all information required to be specified under s. 55.14 (3) (c).
d. Whether the individual’s condition for which psychotropic 
medication has been prescribed has been improved by psy-
chotropic medication and the individual has responded positively 
to psychotropic medication.
e. If the petitioner alleged under s. 55.14 (3) (e) 2. that the in-
dividual met one of the dangerousness criteria set forth in s. 51.20 
(1) (a) 2. a. to e., whether the individual continues to meet the 
criterion.
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 depart-
ment to the comments.
g. The comments, if any, of a staff member at the facility at 
which the individual is placed or receives services or at which 
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
 20 55.19 PROTECTIVE SERVICE SYSTEM
psychotropic medication is administered to the individual that are 
relevant to the review of the continued need for the order.
2. File with the court under subd. 1. a petition for annual re-
view by the court of the order.
3. Provide the report under subd. 1. to the individual and the 
guardian of the individual.
(b) If, in an annual review of an individual’s status under par. 
(a), the individual or the individual’s guardian or guardian ad 
litem requests termination of the order and a hearing that meets 
the requirements of s. 55.10 is provided, or if a hearing under the 
requirements of s. 55.10 is provided pursuant to a petition for 
modification or termination of the order, the county department 
is not required to initiate a subsequent review under par. (a) until 
the first day of the 11th month after the date that the court issues 
a final order after the hearing.
(bm) If the individual is subject to a protective placement or-
der, the review under par. (a) shall be conducted simultaneously 
with the review under s. 55.18 of the individual’s protective 
placement.
(c) The review under par. (a) may not be conducted by a per-
son who is an employee of a facility in which the individual re-
sides or from which the individual receives services.
(1m) COUNTY AGREEMENT. The county of residence of an 
individual who is subject to an order under s. 55.14 and is pro-
vided protective placement in a different county may enter into an 
agreement with that county under which the county of the indi-
vidual’s placement performs all or part of the duties of the county 
of residence under this section.
(2) GUARDIAN AD LITEM APPOINTMENT AND REPORT. After a 
county department has filed a report with a court under sub. (1) 
(a) 1., the court shall appoint a guardian ad litem in accordance 
with s. 757.48 (1) . The guardian ad litem shall do all of the 
following:
(a) Review the report filed under sub. (1) (a) 1., and any other 
relevant reports on the individual’s condition and continued need 
for the order under s. 55.14.
(b) Meet with the individual and contact the individual’s 
guardian and orally explain to the individual and guardian all of 
the following:
1. The procedure for review of an order for involuntary ad-
ministration of psychotropic medication.
2. The right of the individual to appointment of legal counsel 
under sub. (3) (c).
3. The right to an evaluation under sub. (3) (b).
4. The contents of the report under sub. (1) (a) 1.
5. That a termination or modification of the order or modifi-
cation of the treatment plan for involuntary administration of psy-
chotropic medication may be ordered by the court.
6. The right to a hearing under sub. (3) (d) and an explana-
tion that the individual or the individual’s guardian may request a 
hearing that meets the requirements under s. 55.10.
(c) Provide the information required under par. (b) to the indi-
vidual and to the individual’s guardian in writing.
(d) Review the individual’s condition and rights with the indi-
vidual’s guardian.
(e) Ascertain whether the individual wishes to exercise any of 
his or her rights under sub. (3) (b), (c), or (d).
(f) Within 30 days after appointment, file with the court a 
written report based on information obtained under this subsec-
tion and any other evaluations or records of the individual. The 
report shall discuss whether the individual appears to continue to 
meet the standards for an order under s. 55.14. The report shall 
also state whether any of the following apply:
1. An evaluation under sub. (3) (b) is requested by the 
guardian ad litem, the individual, or the individual’s guardian.
2. The individual or the individual’s guardian requests termi-
nation of the order under s. 55.14.
3. The individual or the individual’s guardian requests or the 
guardian ad litem recommends that legal counsel be appointed 
for the individual.
4. The individual or the individual’s guardian or guardian ad 
litem requests a hearing that meets the requirements of s. 55.10 
for the individual.
(g) Certify to the court that he or she has complied with the 
requirements of pars. (a) to (e).
(3) COURT REVIEW OF REPORTS; HEARING; ORDER. (a) The 
court that issued the order under s. 55.14 shall review the report 
of the guardian ad litem under sub. (2) (f) and the report filed un-
der sub. (1) (a) 1.
(b) The court shall order an evaluation, by a person who is not 
an employee of the county department, of the physical, mental, 
and social condition of the individual that is relevant to the issue 
of the continued need for the order under s. 55.14 and that is inde-
pendent of the review performed under sub. (1) (a) if any of the 
following apply:
1. The report required under sub. (1) (a) 1. is not timely filed, 
or the court determines that the report fails to meet the require-
ments of sub. (1) (c).
2. Following review of the guardian ad litem’s report under 
sub. (2) (f), the court determines that an independent evaluation 
for the individual is necessary.
3. The individual or the individual’s guardian or guardian ad 
litem so requests.
(bm) If an evaluation is ordered under par. (b), it shall be per-
formed at the expense of the individual or, if the individual is in-
digent, at the expense of the county of residence under sub. (1) 
(a).
(br) The court shall order that the county department obtain 
any other necessary information with respect to the individual.
(c) The court shall refer an individual for appointment of legal 
counsel under s. 55.105 if any of the following apply:
1. Following review of the guardian ad litem’s report under 
sub. (2) (f), the court determines that legal counsel for the indi-
vidual is necessary.
2. The individual or the individual’s guardian or guardian ad 
litem so requests.
(d) The court shall order either a summary hearing or a hear-
ing that meets the requirements of s. 55.10. A summary hearing 
shall be held on the record, may be held in court or by other 
means, including by telephone or videoconference, is not an evi-
dentiary hearing, and does not require attendance by the individ-
ual. The court shall hold a hearing under the requirements of s. 
55.10 if any of the following apply:
1. The individual or the individual’s guardian or guardian ad 
litem so requests.
2. The report under sub. (2) (f) indicates that the individual 
no longer meets the standards for an order under s. 55.14 (8).
3. The report under sub. (2) (f) indicates that the individual 
objects to the order.
(e) Following the hearing under par. (d), the court shall do one 
of the following:
1. If the court finds that the individual continues to meet the 
standards for an order under s. 55.14 (8), the court shall order the 
continuation of the order. The court shall include in the decision 
the information relied upon as a basis for continuation of the or-
der and shall make findings based on the requirements for allega-
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)
PROTECTIVE SERVICE SYSTEM 55.2321 Updated 23-24 Wis. Stats.
Updated 2023-24 Wis. Stats. Published and certified under s. 35.18. October 1, 2026.
tions of a petition under s. 55.14 (3) in support of the need for 
continuation of the order.
2. If the court finds that the individual continues to meet the 
standards for an order under s. 55.14 (8) but that modification of 
the order or the treatment plan would be in the best interests of 
the individual, the court shall modify the order, order modifica-
tions to the individual’s treatment plan, or both. Any modifica-
tions to the treatment plan are subject to the approval of the 
guardian. The court shall include in the decision the information 
relied upon as a basis for continuation of the order and shall make 
findings based on the requirements for allegations of a petition 
under s. 55.14 (3) in support of the need for authorizing the 
guardian to consent to involuntary administration of psychotropic 
medication.
3. If the court finds that the individual no longer meets the 
standards for an order under s. 55.14 (8), the court shall terminate 
the order. If the order is terminated, the court shall review the 
needs of the individual with respect to other protective services. 
If the court determines that the individual meets the standards un-
der s. 55.08 (2) for other protective services that are not currently 
being provided to the individual, the court may order those pro-
tective services for the individual.
(f) The court shall provide a copy of the order made under par. 
(e) to all of the following:
1. The individual.
2. The individual’s guardian, guardian ad litem, and legal 
counsel, if any.
3. The facility in which the individual resided, if any, when 
the petition for annual review was filed.
4. The county department under sub. (1) (a) and, if relevant, 
sub. (1m).
History: 2005 a. 264, 387; 2007 a. 20, 45; 2009 a. 180.
55.195 Duties of guardian ad litem for protective ser-
vices 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, the 
right to an independent evaluation, the right to counsel, and the 
right to a hearing.
(2) Provide the information under sub. (1) to the ward in 
writing.
(3) Request that the court order an additional medical, psy-
chological, or other evaluation of the ward, if necessary.
(4) Review the annual report and relevant reports on the 
ward’s condition and protective services.
(5) Review the ward’s condition, protective services, and 
rights with the guardian.
(6) If relevant, report to the court that the ward objects to the 
finding of continuing incompetency, the present or proposed pro-
tective services, the position of the guardian, or the recommenda-
tion of the guardian ad litem as to the best interests of the ward or 
if there is ambiguity about the ward’s position on these matters.
(7) Provide a summary written report to the court.
(8) If relevant, report to the court that the ward requests the 
appointment of counsel or an adversary hearing.
(9) Attend the hearing.
History: 2005 a. 387 ss. 123, 124, 488 to 495; Stats. 2005 s. 55.195; 2007 a. 45.
The guardian ad litem is entitled to petition for review as an interested person, 
which includes any official or representative of a public or private agency, corpora-
tion, or association concerned with the person’s welfare. A guardian ad litem ap-
pointed by the circuit court to represent the ward’s best interest becomes an official 
of a public agency concerned with the person’s welfare by virtue of that appoint-
ment. Linda L. v. Collis, 2006 WI App 105, 294 Wis. 2d 637, 718 N.W.2d 205, 05-
0494.
NOTE: The above annotation relates to protective placements under this 
chapter prior to the revision of this chapter by 2005 Wis. Act 264.
55.20 Appeals. An appeal may be taken to the court of ap-
peals from a final judgment or final order under this chapter 
within the time period specified in s. 808.04 (3) and in accor-
dance with s. 809.30 by the subject of the petition or the individ-
ual’s guardian, by any petitioner, or by the representative of the 
public.
History: 2005 a. 264 s. 155.
The guardian ad litem is entitled to petition for review as an interested person, 
which includes any official or representative of a public or private agency, corpora-
tion, or association concerned with the person’s welfare. A guardian ad litem ap-
pointed by the circuit court to represent the ward’s best interest becomes an official 
of a public agency concerned with the person’s welfare by virtue of that appoint-
ment. Linda L. v. Collis, 2006 WI App 105, 294 Wis. 2d 637, 718 N.W.2d 205, 05-
0494.
NOTE: The above annotation relates to protective placements under this 
chapter prior to the revision of this chapter by 2005 Wis. Act 264.
55.21 Centers for the developmentally disabled. Pro-
tective 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, includ-
ing evaluations, reviews and recommendations prepared under s. 
55.11 (1) (c), are open to public inspection but any record is avail-
able to all of the following:
(a) The individual who is the subject of the proceedings and 
the individual’s guardian at all times.
(b) The individual’s attorney or guardian ad litem, without the 
individual’s consent and without modification of the records, in 
order to prepare for any court proceedings relating to the individ-
ual’s protective services or protective placement or relating to the 
individual’s guardianship.
(c) Other persons only with the informed written consent of 
the individual as provided in s. 51.30 (2) or under an order of the 
court that maintains the records.
(2) If the individual is a minor, consent for release of informa-
tion from and access to the court records may be given only as 
provided in s. 51.30. If the individual is an adult who has been 
adjudicated incompetent in this state, consent for release of infor-
mation from and access to court records may be given only as 
provided in s. 54.75.
(3) All treatment and service records pertaining to an individ-
ual who is protected under this chapter or for whom application 
has been made for protection under this chapter are confidential. 
Section 51.30 governs access to treatment and service records.
History: 2005 a. 264 s. 154; 2005 a. 387 s. 120; 2007 a. 45.
55.23 Patients’ rights. (1) The rights and limitations upon 
rights, procedures for enforcement of rights, and penalties pre-
scribed in s. 51.61 apply to individuals who receive services un-
der this chapter, whether on a voluntary or involuntary basis.
(2) A parent who has been denied periods of physical place-
ment under s. 767.41 (4) (b) or 767.451 (4) may not have the 
rights of a parent or guardian with respect to access to a minor’s 
records under this chapter.
History: 1977 c. 428; 1987 a. 355; 2005 a. 264 s. 156; Stats. 2005 s. 55.23; 2005 
a. 443 s. 265.
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 247 and through all Supreme Court Orders and Controlled Sub-
stances Board Orders filed before and in effect on October 1, 2026. Published and certified under s. 35.18. Changes effective af-
ter October 1, 2026, are designated by NOTES. (Published 10-1-26)