Wisconsin Statutes
Wis. Stat. § 55.08 (2026)
Protective services or protective placement: standards
✓ current as of July 2026
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55.08(1)(1) Protective placement. A court may under s. 55.12 order protective placement for an individual who meets all of the following standards:
55.08(1)(b)(b) The individual is a minor who is not alleged to have a developmental disability and on whose behalf a petition for guardianship has been submitted, or is an adult who has been determined to be incompetent by a circuit court.
55.08(1)(c)(c) As a result of developmental disability, degenerative brain disorder, serious and persistent mental illness, or other like incapacities, the individual is so totally incapable of providing for his or her own care or custody as to create a substantial risk of serious harm to himself or herself or others. Serious harm may be evidenced by overt acts or acts of omission.
55.08(2)(2) Protective services. A court may under s. 55.12 order protective services for an individual who meets all of the following standards:
55.08(2)(a)(a) The individual has been determined to be incompetent by a circuit court or is a minor who is alleged to have a developmental disability and on whose behalf a petition for a guardianship has been submitted.
55.08(2)(b)(b) As a result of developmental disability, degenerative brain disorder, serious and persistent mental illness, or other like incapacities, 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.
55.08 HistoryHistory: 2005 a. 264 ss. 119 to 122, 158; 2005 a. 387 s. 111; 2005 a. 388 s. 164; 2007 a. 45.
55.08 AnnotationUnder 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 restrictive setting. Nowhere does s. 55.17 provide that the court may terminate an order for protective placement if under s. 55.055 (1) the person could remain in the facility without a protective order. Jackson County Department of Health & Human Services v. Susan H., 2010 WI App 82, 326 Wis. 2d 246, 785 N.W.2d 677, 09-1997.
55.08 Annotation“Care” in sub. (1) (c) means that the person’s incapacity to provide for the person’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.
Notes of Decisions
Cited in 48
cases (40 in the last 5 years), 2010–2026 · leading case: Jackson Cnty. Dep't of Health & Human Servs. v. Susan H., 2010 WI App 82 (Wis. Ct. App. 2010).
Jackson Cnty. Dep't of Health & Human Servs. v. Susan H., 2010 WI App 82 (Wis. Ct. App. 2010). “after determining that she continues to meet the criteria for protective placement under Wis. Stat. § 55.08 (1) (2007-08). 1 The issue on appeal is the proper construction of § 55.”
Fond du Lac Cnty. v. Helen E. F., 2012 WI 50 (Wis. 2012). “Beginning with protective placement, Wis. Stat. § 55.08 requires that a circuit court determine that four elements are met before ordering a protective placement under ch.”
Waukesha Cnty. v. J.W.J., 2017 WI 57 (Wis. 2017). “" § 55.08(1)(d). See Helen E.F., 340 Wis. 2d 500, ¶¶29, 44 .”
Dane Cnty. v. Kelly M., 2011 WI App 69 (Wis. Ct. App. 2011). “06, and, in addition, must meet the criteria in § 55.08 for needing either protective placement or protective services.”
LaBeree v. Labor & Indus. Review Comm'n, 2010 WI App 148 (Wis. Ct. App. 2010). “See Wis. Stat. § 55.08 (1). The explicit legislative purpose of the protective service system is 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…”
Brown Cnty. v. S. F. L. (Wis. Ct. App. 2022). “¶8 Stanley now appeals. Additional facts will be provided below as necessary.”
Monroe Cnty. v. H. K. B. (Wis. Ct. App. 2025). “appeals the most recent of these orders, and argues that there was insufficient evidence that she continued to meet the standards for protective placement under WIS.”
Wood Cnty. v. J. A. B. (Wis. Ct. App. 2025). “§ 55.08(1): (a) The individual has a primary need for residential care and custody.”
Wood Cnty. v. P. J. L. (Wis. Ct. App. 2025). “§ 55.08(1) following a jury trial. He argues that Wood County failed to prove by clear and convincing evidence the following “standards” for placement required by statute: that P.”
Washburn Cnty. v. D. C. R. (Wis. Ct. App. 2025). “§ 55.08(1). We affirm. BACKGROUND ¶2 In 2009, Dwight suffered a traumatic brain injury (TBI) in a motorcycle accident, and he has been diagnosed with a “major neurocognitive disorder” as a result of his TBI.”
Winnebago Cnty. v. M.R.R. (In re M.R.R.), 922 N.W.2d 322 (Wis. Ct. App. 2018). “§ 55.08(1) ¶ 26 M.R.R.'s second challenge is that the County failed to prove that continued protective placement was necessary.”
La Crosse Cnty. v. P. A. E. (Wis. Ct. App. 2026). “§ 55.08(1): (a) The individual has a primary need for residential care and custody.”
— Wis. Stat. § 55.08(1) — 34 cases
Jackson Cnty. Dep't of Health & Human Servs. v. Susan H., 2010 WI App 82 (Wis. Ct. App. 2010). “after determining that she continues to meet the criteria for protective placement under Wis. Stat. § 55.08 (1) (2007-08). 1 The issue on appeal is the proper construction of § 55.”
Douglas Cnty. v. J. M. (Wis. Ct. App. 2023).
Monroe Cnty. v. H. K. B. (Wis. Ct. App. 2025). “appeals the most recent of these orders, and argues that there was insufficient evidence that she continued to meet the standards for protective placement under WIS.”
Clark Cnty. Cmty. Servs. v. R. F. (Wis. Ct. App. 2022).
Wood Cnty. v. P. J. L. (Wis. Ct. App. 2025). “§ 55.08(1) following a jury trial. He argues that Wood County failed to prove by clear and convincing evidence the following “standards” for placement required by statute: that P.”
— Wis. Stat. § 55.08(1)(a) — 26 cases
Jackson Cnty. Dep't of Health & Human Servs. v. Susan H., 2010 WI App 82 (Wis. Ct. App. 2010). “after determining that she continues to meet the criteria for protective placement under Wis. Stat. § 55.08 (1) (2007-08). 1 The issue on appeal is the proper construction of § 55.”
Brown Cnty. v. S. F. L. (Wis. Ct. App. 2022). “¶8 Stanley now appeals. Additional facts will be provided below as necessary.”
Wood Cnty. v. P. J. L. (Wis. Ct. App. 2025). “§ 55.08(1) following a jury trial. He argues that Wood County failed to prove by clear and convincing evidence the following “standards” for placement required by statute: that P.”
La Crosse Cnty. v. M. A. (Wis. Ct. App. 2025).
Douglas Cnty. v. M. L. (Wis. Ct. App. 2023).
— Wis. Stat. § 55.08(1)(b) — 16 cases
Brown Cnty. v. S. F. L. (Wis. Ct. App. 2022). “¶8 Stanley now appeals. Additional facts will be provided below as necessary.”
Wood Cnty. v. J. A. B. (Wis. Ct. App. 2025). “§ 55.08(1): (a) The individual has a primary need for residential care and custody.”
F. a. W. v. M. B. (Wis. Ct. App. 2022).
Douglas Cnty. v. M. L. (Wis. Ct. App. 2023).
Wood Cnty. v. P. J. L. (Wis. Ct. App. 2025). “§ 55.08(1) following a jury trial. He argues that Wood County failed to prove by clear and convincing evidence the following “standards” for placement required by statute: that P.”
— Wis. Stat. § 55.08(1)(c) — 29 cases
Monroe Cnty. v. H. K. B. (Wis. Ct. App. 2025). “appeals the most recent of these orders, and argues that there was insufficient evidence that she continued to meet the standards for protective placement under WIS.”
Wood Cnty. v. J. A. B. (Wis. Ct. App. 2025). “§ 55.08(1): (a) The individual has a primary need for residential care and custody.”
La Crosse Cnty. v. P. A. E. (Wis. Ct. App. 2026). “§ 55.08(1): (a) The individual has a primary need for residential care and custody.”
Wood Cnty. v. P. J. L. (Wis. Ct. App. 2025). “§ 55.08(1) following a jury trial. He argues that Wood County failed to prove by clear and convincing evidence the following “standards” for placement required by statute: that P.”
Washburn Cnty. v. D. C. R. (Wis. Ct. App. 2025). “§ 55.08(1). We affirm. BACKGROUND ¶2 In 2009, Dwight suffered a traumatic brain injury (TBI) in a motorcycle accident, and he has been diagnosed with a “major neurocognitive disorder” as a result of his TBI.”
— Wis. Stat. § 55.08(1)(d) — 12 cases
Waukesha Cnty. v. J.W.J., 2017 WI 57 (Wis. 2017). “" § 55.08(1)(d). See Helen E.F., 340 Wis. 2d 500, ¶¶29, 44 .”
Fond du Lac Cnty. v. Helen E. F., 2012 WI 50 (Wis. 2012). “Beginning with protective placement, Wis. Stat. § 55.08 requires that a circuit court determine that four elements are met before ordering a protective placement under ch.”
V.K. v. D. J. F. (Wis. Ct. App. 2025).
Winnebago Cnty. v. M.R.R. (In re M.R.R.), 922 N.W.2d 322 (Wis. Ct. App. 2018). “§ 55.08(1) ¶ 26 M.R.R.'s second challenge is that the County failed to prove that continued protective placement was necessary.”
Outagamie Cnty. v. R. V. (Wis. Ct. App. 2022).
— Wis. Stat. § 55.08(2) — 1 case
Clark Cnty. Cmty. Servs. v. R. F. (Wis. Ct. App. 2022).
— Wis. Stat. § 55.08(2)(b) — 1 case
Fond du Lac Cnty. v. Helen E. F., 2012 WI 50 (Wis. 2012). “Beginning with protective placement, Wis. Stat. § 55.08 requires that a circuit court determine that four elements are met before ordering a protective placement under ch.”
— Wis. Stat. § 55.08(c) — 1 case
La Crosse Cnty. v. M. A. (Wis. Ct. App. 2025).
— Wis. Stat. § 55.08(l) — 1 case
Fond du Lac Cnty. v. Helen E. F., 2012 WI 50 (Wis. 2012). “Beginning with protective placement, Wis. Stat. § 55.08 requires that a circuit court determine that four elements are met before ordering a protective placement under ch.”
— Wis. Stat. § 55.08(l)(a) — 1 case
Jackson Cnty. Dep't of Health & Human Servs. v. Susan H., 2010 WI App 82 (Wis. Ct. App. 2010). “after determining that she continues to meet the criteria for protective placement under Wis. Stat. § 55.08 (1) (2007-08). 1 The issue on appeal is the proper construction of § 55.”
— Wis. Stat. § 55.08(l)(c) — 2 cases
Jackson Cnty. Dep't of Health & Human Servs. v. Susan H., 2010 WI App 82 (Wis. Ct. App. 2010). “after determining that she continues to meet the criteria for protective placement under Wis. Stat. § 55.08 (1) (2007-08). 1 The issue on appeal is the proper construction of § 55.”
Dane Cnty. v. Kelly M., 2011 WI App 69 (Wis. Ct. App. 2011). “06, and, in addition, must meet the criteria in § 55.08 for needing either protective placement or protective services.”
— Wis. Stat. § 55.08(l)(d) — 2 cases
Waukesha Cnty. v. J.W.J., 2017 WI 57 (Wis. 2017). “" § 55.08(1)(d). See Helen E.F., 340 Wis. 2d 500, ¶¶29, 44 .”
Fond du Lac Cnty. v. Helen E. F., 2012 WI 50 (Wis. 2012). “Beginning with protective placement, Wis. Stat. § 55.08 requires that a circuit court determine that four elements are met before ordering a protective placement under ch.”
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