LRBa0719/2
GMM:cmh:hmh
1999 - 2000 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 1999 ASSEMBLY BILL 480
October 21, 1999 - Offered by
Committee on Children and Families.
AB480-AA1,1,4
32. Page 1, line 9: delete "health treatment of minors" and substitute
4"treatment of minors for alcoholism or drug abuse".
AB480-AA1,1,6
6"
Section 1d. 51.13 (1) (a) of the statutes is amended to read:
AB480-AA1,2,47
51.13
(1) (a) Except as provided in s. 51.45 (2m), the application for voluntary
8admission of a minor
who is under 14 years of age to an approved inpatient treatment
9facility
for the primary purpose of treatment for alcoholism or drug abuse and the
10application for voluntary admission of a minor who is under 14 years of age to an
11approved inpatient treatment facility for the primary purpose of treatment for
12mental illness or developmental disability shall be executed by a parent who has
13legal custody of the minor or the minor's guardian. Any statement or conduct by a
1minor
under the age of 14 who is the subject of an application for voluntary admission
2under this paragraph indicating that the minor does not agree to admission to the
3facility shall be noted on the face of the application and shall be noted in the petition
4required by sub. (4).
AB480-AA1,2,106
51.13
(1) (b) The application for voluntary admission of a minor who is 14 years
7of age or over
to an approved inpatient treatment facility for the primary purpose of
8treatment for mental illness or developmental disability shall be executed by the
9minor and a parent who has legal custody of the minor or the minor's guardian,
10except as provided in par. (c).".
AB480-AA1,2,17
17"
Section 6d. 51.13 (2) (a) of the statutes is amended to read:
AB480-AA1,3,718
51.13
(2) (a) A minor may be admitted to an inpatient treatment facility
19without complying with the requirements of this section if the admission does not
20involve the department or a county department under s. 51.42 or 51.437, or a contract
21between a treatment facility and the department or between a treatment facility and
22a county department.
The application for voluntary admission of a minor to an
23inpatient treatment facility for the primary purpose of treatment for alcoholism or
24drug abuse and the application for voluntary admission of a minor who is under 14
1years of age to an inpatient treatment facility for the primary purpose of treatment
2for mental illness or developmental disability shall be executed by a parent who has
3legal custody of the minor or the minor's guardian. The application for voluntary
4admission of a minor who is 14 years of age or over
to an inpatient treatment facility
5for the primary purpose of treatment for mental illness or developmental disability 6shall be executed by the minor and a parent who has legal custody of the minor or
7the minor's guardian.
AB480-AA1,3,179
51.13
(2) (b) Notwithstanding par. (a), any minor who is 14 years of age or older
10who is admitted to an inpatient treatment facility for the primary purpose of
11treatment of mental illness
, or developmental disability
, alcoholism or drug abuse 12has the right to be discharged within 48 hours
of
after his or her request, as provided
13in sub. (7) (b). At the time of admission, any minor who is 14 years of age or older
and
14who is admitted for the primary purpose of treatment for mental illness or
15developmental disability shall be informed of this right orally and in writing by the
16director of the hospital or such person's designee. This paragraph does not apply to
17individuals who receive services in hospital emergency rooms.
AB480-AA1, s. 7m
18Section 7m. 51.13 (2) (d) of the statutes is amended to read:
AB480-AA1,3,2319
51.13
(2) (d) Writing materials for use in requesting a discharge shall be made
20available at all times to all minors who are 14 years of age or older
and who are 21admitted under this subsection
for the primary purpose of treatment for mental
22illness or developmental disability. The staff of the facility shall assist such minors
23in preparing or submitting requests for discharge.
AB480-AA1, s. 7r
24Section 7r. 51.13 (3) (b) of the statutes is amended to read:
AB480-AA1,4,9
151.13
(3) (b) A minor 14 years of age or older
who has been admitted to an
2inpatient treatment facility for the primary purpose of treatment for mental illness
3or developmental disability and his or her parent or guardian shall also be informed
4by the director or his or her designee, both orally and in writing, in easily
5understandable language, of the minor's right to request discharge and to be
6discharged within 48 hours of the request if no petition or statement is filed for
7emergency detention, emergency commitment, involuntary commitment or
8protective placement, and the minor's right to consent to or refuse treatment as
9provided in s. 51.61 (6).
AB480-AA1, s. 8d
10Section 8d. 51.13 (3) (c) of the statutes is amended to read:
AB480-AA1,4,1811
51.13
(3) (c) A minor
who has been admitted to an inpatient facility for the
12primary purpose of treatment for alcoholism or drug abuse, a minor under 14 years
13of age
who has been admitted to an inpatient treatment facility for the primary
14purpose of treatment for mental illness or developmental disability and
his or her the 15parent or guardian
of such a minor shall also be informed by the director or his or
16her designee, both orally and in writing, in easily understandable language, of the
17minor's right to a hearing to determine continued appropriateness of the admission
18as provided in sub. (7).".
AB480-AA1,5,2
2"
Section 12d. 51.13 (4) (d) of the statutes is amended to read:
AB480-AA1,6,33
51.13
(4) (d) Within 5 days
of after the filing of the petition, the court assigned
4to exercise jurisdiction under chs. 48 and 938 shall determine, based on the
5allegations of the petition and accompanying documents,
whether the admission is
6voluntary on the part of the minor if the minor is 14 years of age or older and whether
7there is a prima facie showing that the minor is in need of psychiatric services, or
8services for developmental disability, alcoholism or drug abuse, that the treatment
9facility offers inpatient therapy or treatment which is appropriate to the minor's
10needs, and that inpatient care in the treatment facility is the least restrictive therapy
11or treatment consistent with the needs of the minor
and, if the minor is 14 years of
12age or older and has been admitted to the treatment facility for the primary purpose
13of treatment for mental illness or developmental disability, whether the admission
14is voluntary on the part of the minor. If such a showing is made, the court shall
15permit voluntary admission. If the court is unable to make
such those 16determinations based on the petition and accompanying documents,
it shall the
17court may dismiss the petition as provided in par. (h);
or order additional information
18to be produced as
it deems necessary
for the court to make
such review, and make
19such those determinations within 14 days
of after admission or application for
20admission, whichever is sooner; or
it may hold a hearing within 14 days
of after 21admission or application for admission, whichever is sooner. If a notation of the
22minor's unwillingness appears on the face of the petition, or if a hearing has been
23requested by the minor, the minor's counsel, parent or guardian, the court shall hold
24a hearing to review the admission within 14 days
of
after admission or application
1for admission, whichever is sooner, and shall appoint counsel to represent the minor
2if the minor is unrepresented. If the court
deems
considers it necessary,
it the court 3shall also appoint a guardian ad litem to represent the minor.
AB480-AA1, s. 13d
4Section 13d. 51.13 (4) (g) (intro.) of the statutes is amended to read:
AB480-AA1,6,205
51.13
(4) (g) (intro.) If the court finds that the minor is in need of psychiatric
6services or services for developmental disability, alcoholism or drug abuse in an
7inpatient facility, and that the inpatient facility to which the minor is admitted offers
8therapy or treatment that is appropriate for the minor's needs and that is the least
9restrictive therapy or treatment consistent with the minor's needs and, in the case
10of a minor aged 14 or older
who is being admitted for the primary purpose of
11treatment for mental illness or developmental disability, the application is voluntary
12on the part of the minor, the court shall permit voluntary admission. If the court finds
13that the therapy or treatment in the inpatient facility to which the minor is admitted
14is not appropriate or is not the least restrictive therapy or treatment consistent with
15the minor's needs, the court may order placement in or transfer to another more
16appropriate or less restrictive inpatient facility, except that the court may not permit
17or order placement in or transfer to the northern or southern centers for the
18developmentally disabled of a minor unless the department gives approval for the
19placement or transfer, and if the order of the court is approved by all of the following
20if applicable:
AB480-AA1, s. 14d
21Section 14d. 51.13 (4) (g) 1. of the statutes is amended to read:
AB480-AA1,6,2322
51.13
(4) (g) 1. The minor if he or she is aged 14 or older
and is being admitted
23for the primary purpose of treatment for mental illness or developmental disability.
AB480-AA1,7,9
151.13
(6) (a) A minor may be admitted to an inpatient treatment facility
2without review of the application under sub. (4) for diagnosis and evaluation or for
3dental, medical or psychiatric services for a period not to exceed 12 days. The
4application for short-term admission of a minor shall be executed by the minor's
5parent or guardian, and
by the minor if he or she, if the minor is 14 years of age or
6older
and is being admitted for the primary purpose of diagnosis, evaluation or
7services for mental illness or developmental disability, by the minor. A minor may
8not be readmitted to an inpatient treatment facility for psychiatric services under
9this paragraph within 120 days of a previous admission under this paragraph.
AB480-AA1,7,2211
51.13
(7) (a) If a minor is admitted to an inpatient treatment facility while
12under 14 years of age, and if upon reaching age 14 is in need of further inpatient care
13and treatment
primarily for mental illness or developmental disability, the director
14of the facility shall request the minor and the minor's parent or guardian to execute
15an application for voluntary admission. Such an application may be executed within
1630 days prior to a minor's 14th birthday. If the application is executed, a petition for
17review shall be filed in the manner prescribed in sub. (4), unless such a review has
18been held within the last 120 days. If the application is not executed by the time of
19the minor's 14th birthday, the minor shall be discharged unless a petition or
20statement is filed for emergency detention, emergency commitment, involuntary
21commitment or protective placement by the end of the next day in which the court
22transacts business.
AB480-AA1,8,624
51.13
(7) (b) Any minor 14 years of age or over voluntarily admitted under this
25section
for the primary purpose of treatment for mental illness or developmental
1disability may request discharge in writing. Upon receipt of any form of written
2request for discharge, the director of the facility in which the minor is admitted shall
3immediately notify the minor's parent or guardian. The minor shall be discharged
4within 48 hours after submission of the request, exclusive of Saturdays, Sundays and
5legal holidays, unless a petition or statement is filed for emergency detention,
6emergency commitment, involuntary commitment or protective placement.
AB480-AA1,9,58
51.13
(7) (c) Any minor
who is voluntarily admitted under this section for the
9primary purpose of treatment for alcoholism or drug abuse and any minor under 14
10years of age who is voluntarily admitted under this section
for the primary purpose
11of treatment for mental illness or developmental disability may submit a written
12request to the court for a hearing to determine the continued appropriateness of the
13admission. If the director or staff of the inpatient treatment facility to which a minor
14who is voluntarily admitted under this section for the primary purpose of treatment
15for alcoholism or drug abuse or a minor under the age of 14
is admitted who is
16voluntarily admitted under this section for the primary purpose of treatment for
17mental illness or developmental disability observes conduct by the minor which
18demonstrates an unwillingness to remain at the facility, including but not limited to
19a written expression of opinion or unauthorized absence, the director shall file a
20written request with the court to determine the continued appropriateness of the
21admission. A request which is made personally by a minor under this paragraph
22shall be signed by the minor but need not be written or composed by him or her. A
23request for a hearing under this paragraph which is received by staff or the director
24of the facility in which the child is admitted shall be filed with the court by the
25director. The court shall order a hearing upon request if no hearing concerning the
1minor's admission has been held within 120 days of receipt of the request. The court
2shall appoint counsel and, if the court deems it necessary, a guardian ad litem to
3represent the minor and if a hearing is held shall hold the hearing within 14 days
4of the request, unless the parties agree to a longer period. After the hearing, the court
5shall make disposition of the matter in the manner provided in sub. (4).".
