Supported Decision-Making Statute
- Codified at Wis. Stat. § 54.10 (3) (a) 4, 54.10 (3) (b), 53, 54.10 (2) (b) 9m, and 115.807 (4) (2018).
- Note: Also includes requirement that the local education agency provide information on SDM upon transfer of parental rights at age of majority.
- Link to Wisconsin Code sections:
- Link to Enacted Bill: https://docs.legis.wisconsin.gov/2017/proposals/reg/asm/bill/ab655
- Assem. B. 655, 103rd Leg., Reg. Sess. (Wisc. 2017)
- Description: Codified SDM and a SDM Agreement Statutory form
- Status: Enacted 4/16/18
- Public Link: docs.legis.wisconsin.gov/2017/proposals/reg/asm/bill/ab655
- S.B. 92, Reg. Sess., 2021-2022 & companion bill A.B. 100, Reg. Sess., 2021-2022.
- Description: Establishes initial training requirements for guardians. Includes mandatory training about SDM as an alternative to guardianship.
- Status, Senate Bill: Engrossed on 03/16/2021.
- Status, Assembly (House) Bill: Introduced 2/18/2021, to Committee on Family Law. Executive Action taken on 05/05/2021.
- Public Link Senate Bill: [https://docs.legis.wisconsin.gov/2021/proposals/reg/sen/bill/sb92]
- Public Link Assembly (House) Bill: [https://docs.legis.wisconsin.gov/2021/proposals/reg/asm/bill/ab100]
- S.B. 111, Reg. Sess., 2021-2022 & companion bill A.B. 68, Reg. Sess., 2021-2022.
- Description: Appropriations bill. Includes funding for DHS to administer and conduct required guardian training (that includes SDM as an alternative to guardianship) as proposed in S.B. 92 & A.B.100.
- Status, Senate Bill: Joint Public Hearing held 4/9/2021, in Committee on Finance.
- Status, Assembly (House) Bill: Joint Public Hearing held 4/9/2021, in Committee on Tax Exemptions.
- Public Link Senate Bill: [https://docs.legis.wisconsin.gov/2021/proposals/reg/sen/bill/sb111]
- Public Link Assembly (House) Bill: [https://docs.legis.wisconsin.gov/2021/proposals/reg/asm/bill/ab68]
- Assemb. B. 786, 104th Leg., Reg. Sess. (Wisc. 2020)
- Description: The bill would have established mandatory initial training requirements for guardians including supported decision-making.
- Status: Failed to pass 4/01/2020
- Public Link: [docs.legis.wisconsin.gov/2019/proposals/ab786]
- S.B. 552, 103rd Leg., Reg. Sess. (Wisc. 2017)
- Description: Codified SDM and an SDM Agreement Statutory form
- Status: Failed to Pass Senate 3/28/18
State Grant Programs
- 2015/2016 Grantee (without NRC-SDM funding): Wisconsin Board for People with Developmental Disabilities (https://wi-bpdd.org/)
- Summary of the Program: The Wisconsin grantee convened and worked with a core group of approximately 20 stakeholders to people to identify barriers to greater implementation of Supported Decision-Making in Wisconsin. The workgroup met monthly and was comprised of older adults, people with disabilities, a volunteer guardian, several attorneys, parents of children with developmental disabilities, a self-directed services coordinator for the county, staff from the Department of Public Instruction, a school transition coordinator, and staff from related non-profit advocacy groups. The grantee, working without any funds from the National Resource Center, identified barriers to greater adoption and acceptance of Supported Decision-Making in Wisconsin including: “inherent paternalism and a desire to protect people with disabilities;” “Fear that if people are not under a guardianship, that potentially vulnerable people may be taken advantage of or abused;” “Lack of reliable and responsible circles of support for some people;” and “Lack of awareness of options in legal decision making.” To address these barriers, the grantee presented on Supported Decision-Making at several conferences throughout Wisconsin including presentations to the state WINGS workgroup, aging and disability focused groups, trainings for guardians ad litem, trainings for older-adult focused benefits specialists, The grantee has also begun creating educational and practical Supported Decision-Making material for use by older adults, people with disabilities, family members, and professionals.
- Final report available at https://www.supporteddecisionmaking.org/sites/default/files/sdm-cop-2016-wisconsin.pdf
- Wisconsin BPDD Resources:
- Fact Sheet: “FAQ: Supported Decision-Making,” Link: wi-bpdd.org/wp-content/uploads/2017/10/FAQ_SupportedDecisionMaking_102317.pdf
- Supported Decision-Making and other Alternatives Guidebook Link: wi-bpdd.org/wp-content/uploads/2019/03/SDM_booklet_0119_Linked.pdf
- Supportive Decision-Making Toolkit Link: wi-bpdd.org/wp-content/uploads/2019/12/SDMToolkit.pdf
- Wisconsin WINGS grant released a resources list and online resources for alternatives to guardianship Link: http://wisconsinguardianshipassociation.com/images/WINGS%20resource%20list%2012.10.15.docx
- SDMA Form: Wisconsin Department of Human Services Link: https://www.dhs.wisconsin.gov/forms/f02377.docx
- Website & Resource List: Disability Rights Wisconsin Link: https://disabilityrightswi.org/resource-center/supported-decision-making/
- Website, Resource List, Press Release & More: The Arc of Wisconsin, Learn About Supported Decision-Making in Wisconsin Link: https://arcwi.org/2018/04/13/supported-decision-making/
- Information Update Bulletin 19.01: Wisconsin Department of Public Instruction Link: https://dpi.wi.gov/sped/laws-procedures-bulletins/bulletins/19-01
- Website: Family Voices of Wisconsin, Supported Decision Making for Transition-Age Youth Link: https://familyvoiceswi.org/resource-library/supported-decision-making-for-transition-age-youth/
Information Last Updated: July 21, 2022