AB116: Bill Text

LRB-1414/2

GMM:wlj:cmh

2001 - 2002 LEGISLATURE

2001 Assembly BILL 116

February 13, 2001 - Introduced by Representatives Skindrud, Ainsworth, Albers, Freese, Gronemus, Gunderson, Gundrum, Hundertmark, Jeskewitz, Kedzie, Krawczyk, Ladwig, M. Lehman, Leibham, Loeffelholz, Musser, Nass, Ott, Owens, Petrowski, Pettis, Plale, Stone, Sykora, Townsend, Urban, Vrakas and Wasserman, cosponsored by Senators Roessler, Darling, A. Lasee and Rosenzweig. Referred to Committee on Children and Families.

AB116,1,8 An Act to renumber and amend 51.13 (1) (c); to amend 51.13 (1) (a), 51.13 (1) (b), 51.13 (1) (d), 51.13 (1) (e), 51.13 (2) (a), 51.13 (2) (b), 51.13 (2) (d), 51.13 (3) (b), 51.13 (3) (c), 51.13 (4) (a) (intro.), 51.13 (4) (c), 51.13 (4) (d), 51.13 (4) (g) (intro.), 51.13 (4) (g) 1., 51.13 (6) (a), 51.13 (7) (a), 51.13 (7) (b), 51.13 (7) (c), 51.22 (2), 51.35 (3) (a), 51.35 (3) (b), 51.35 (3) (c), 51.35 (3) (g), 51.47 (title), 51.47 (1), 51.48 and 51.61 (6); to repeal and recreate 51.35 (3) (c); and to create 51.13 (1) (c) 2. of the statutes; relating to: treatment of minors for alcohol or other drug abuse.

Analysis by the Legislative Reference Bureau

Under current law, the parent or guardian of a minor may consent to have the minor tested for the presence of alcohol or other drugs in the minor's body, without the consent of the minor. For inpatient treatment of a minor 14 years of age or over for alcohol or other drug abuse, however, the consent of the minor, as well as the consent of the minor's parent or guardian, is required. This bill eliminates the requirement that a minor 14 years of age or over consent before the minor may receive inpatient treatment for alcohol or other drug abuse. The bill also permits a parent or guardian of a minor to consent to have the minor assessed for the minor's abuse of alcohol or other drugs and to consent to a plan of treatment that is recommended based on the assessment. The consent of the minor to the assessment or the treatment is not required.

Under current law, if a minor 14 years of age or over wishes to be admitted to an inpatient facility for treatment for alcohol or other drug abuse, but the minor's parent or guardian refuses to execute the application for admission or cannot be found, the minor may petition the court assigned to exercise jurisdiction under the children's code (juvenile court) for approval of the admission. This bill permits a minor under 14 years of age to petition the juvenile court for approval of his or her admission to an inpatient facility if the minor's parent or guardian cannot be found. The bill also requires a minor who obtains admission to an inpatient facility by petitioning the juvenile court to approve the admission to be discharged within 48 hours after submitting a request for discharge.

Similarly, under current law, a physician or health care facility may render preventive, diagnostic, assessment, evaluation, or treatment services for the abuse of alcohol or other drugs to a minor 12 years of age or over without obtaining the consent of or notifying the minor's parent or guardian. This bill permits a physician or health care facility to render those services to a minor under 12 years of age without obtaining that consent or providing that notice if the minor's parent or guardian cannot be found.

Under current law, a minor 14 years of age or over who is voluntarily admitted to an inpatient facility for treatment for alcohol or other drug abuse may request that he or she be discharged from the facility and, subject to certain exceptions, must be discharged within 48 hours after submission of the request. This bill eliminates the requirement that a minor 14 years of age or over who has been voluntarily admitted to an inpatient facility for treatment for alcohol or other drug abuse be discharged within 48 hours after his or her request and instead requires the minor to be discharged within 48 hours after the request of the minor's parent or guardian. The bill also permits a minor who is not discharged either on the request of the minor or the request of the minor's parent or guardian to submit a request to the juvenile court to hold a hearing to determine the continued appropriateness of the minor's admission.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB116, s. 1 Section 1. 51.13 (1) (a) of the statutes is amended to read:

AB116,3,8 51.13 (1) (a) Except as provided in par. (c) and s. 51.45 (2m), the application for voluntary admission of a minor who is under 14 years of age or older to an approved inpatient treatment facility for the primary purpose of treatment for alcoholism or drug abuse and the application for voluntary admission of a minor who is under 14 years of age to an approved inpatient treatment facility for the primary purpose of treatment for mental illness, developmental disability, alcoholism, or drug abuse shall be executed by a parent who has legal custody of the minor or the minor's guardian. Any statement or conduct by a minor under the age of 14 who is the subject of an application for voluntary admission under this paragraph indicating that the minor does not agree to admission to the facility shall be noted on the face of the application and shall be noted in the petition required by sub. (4).

AB116, s. 2 Section 2. 51.13 (1) (b) of the statutes is amended to read:

AB116,3,14 51.13 (1) (b) The application for voluntary admission of a minor who is 14 years of age or over older to an approved inpatient treatment facility for the primary purpose of treatment for mental illness or developmental disability shall be executed by the minor and a parent who has legal custody of the minor or the minor's guardian, except as provided in par. (c) (1).

AB116, s. 3 Section 3. 51.13 (1) (c) of the statutes is renumbered 51.13 (1) (c) 1. and amended to read:

AB116,4,4 51.13 (1) (c) 1. If a minor 14 years of age or older wishes to be admitted to an approved inpatient treatment facility but a parent with legal custody or the guardian refuses to execute the application for admission or cannot be found, or if there is no parent with legal custody, the minor or a person acting on the minor's behalf may petition the court assigned to exercise jurisdiction under chs. 48 and 938 in the county of residence of the parent or guardian for approval of the admission. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after a hearing, the court determines that the parent or guardian's consent is of the parent or guardian is being unreasonably withheld or, that the parent or guardian cannot be found, or that there is no parent with legal custody, and that the admission is proper under the standards prescribed in sub. (4) (d), it the court shall approve the minor's admission without the parent or guardian's consent of the parent or guardian.

AB116,4,7 3. The court may, at the minor's request, temporarily approve the admission pending hearing on the petition. If a hearing is held under this subsection subd. 1. or 2., no review or hearing under sub. (4) is required.

AB116, s. 4 Section 4. 51.13 (1) (c) 2. of the statutes is created to read:

AB116,4,19 51.13 (1) (c) 2. If a minor under 14 years of age wishes to be admitted to an approved inpatient treatment facility but a parent with legal custody or the guardian cannot be found, or if there is no parent with legal custody, the minor or a person acting on the minor's behalf may petition the court assigned to exercise jurisdiction under chs. 48 and 938 in the county of residence of the parent or guardian for approval of the admission. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after a hearing, the court determines that the parent or guardian cannot be found or that there is no parent with legal custody, and that the admission is proper under the standards prescribed in sub. (4) (d), the court shall approve the minor's admission without the consent of the parent or guardian.

AB116, s. 5 Section 5. 51.13 (1) (d) of the statutes is amended to read:

AB116,5,2 51.13 (1) (d) A minor against whom a petition or statement has been filed under s. 51.15, 51.20, or 51.45 (12) or (13) may be admitted under this section. The court may permit the minor to become a voluntary patient pursuant to under this section upon approval by the court of an application executed pursuant to under par. (a), (b), or (c), and the judge. The court shall then dismiss the proceedings under s. 51.15, 51.20, or 51.45 (12) or (13). If a hearing is held under this subsection, no hearing under sub. (4) is required.

AB116, s. 6 Section 6. 51.13 (1) (e) of the statutes is amended to read:

AB116,5,17 51.13 (1) (e) A minor may be admitted immediately upon the approval of the application executed under par. (a) or (b) by the treatment director of the facility or his or her designee or, in the case of a center for the developmentally disabled, the director of the center or his or her designee, and the director of the appropriate county department under s. 51.42 or 51.437 if such the county department is to be responsible for the cost of the minor's therapy and treatment. Approval shall be based upon an informed professional opinion that the minor is in need of psychiatric services or services for developmental disability, alcoholism, or drug abuse, that the treatment facility offers inpatient therapy or treatment which that is appropriate for the minor's needs, and that inpatient care in the facility is the least restrictive therapy or treatment consistent with the minor's needs. In the case of a minor who is being admitted for the primary purpose of treatment for alcoholism or drug abuse, approval shall also be based on the results of an alcohol or other drug abuse assessment that conforms to the criteria specified in s. 938.547 (4).

AB116, s. 7 Section 7. 51.13 (2) (a) of the statutes is amended to read:

AB116,6,7 51.13 (2) (a) A minor may be admitted to an inpatient treatment facility without complying with the requirements of this section if the admission does not involve the department or a county department under s. 51.42 or 51.437, or a contract between a treatment facility and the department or between a treatment facility and a county department. The application for voluntary admission of a minor who is 14 years of age or older to an inpatient treatment facility for the primary purpose of treatment for alcoholism or drug abuse and the application for voluntary admission of a minor who is under 14 years of age to an inpatient treatment facility for the primary purpose of treatment for mental illness, developmental disability, alcoholism, or drug abuse shall be executed by a parent who has legal custody of the minor or by the minor's guardian. The application for voluntary admission of a minor who is 14 years of age or over older to an inpatient treatment facility for the primary purpose of treatment for mental illness or developmental disability shall be executed by the minor and a parent who has legal custody of the minor or the minor's guardian.

AB116, s. 8 Section 8. 51.13 (2) (b) of the statutes is amended to read:

AB116,6,18 51.13 (2) (b) Notwithstanding par. (a), any minor who is 14 years of age or older and who is admitted to an inpatient treatment facility for the primary purpose of treatment of mental illness, or developmental disability, alcoholism or drug abuse has the right to be discharged within 48 hours of after his or her request, as provided in sub. (7) (b). At the time of admission, any minor who is 14 years of age or older and who is admitted to an inpatient treatment facility for the primary purpose of treatment for mental illness or developmental disability, and the minor's parent or guardian, shall be informed of this right orally and in writing by the director of the hospital or such person's designee. This paragraph does not apply to individuals who receive services in hospital emergency rooms.

AB116, s. 9 Section 9. 51.13 (2) (d) of the statutes is amended to read:

AB116,6,24 51.13 (2) (d) Writing materials for use in requesting a discharge shall be made available at all times to all minors who are 14 years of age or older and who are admitted under this subsection for the primary purpose of treatment for mental illness or developmental disability. The staff of the facility shall assist such minors in preparing or submitting requests for discharge.

AB116, s. 10 Section 10. 51.13 (3) (b) of the statutes is amended to read:

AB116,7,9 51.13 (3) (b) A minor 14 years of age or older who has been admitted to an inpatient treatment facility for the primary purpose of treatment for mental illness or developmental disability, a minor who is voluntarily admitted under sub. (1) (c) 1. or 2., and his or her the minor's parent or guardian shall also be informed by the director or his or her designee, both orally and in writing, in easily understandable language, of the minor's right to request discharge and to be discharged within 48 hours of the request if no petition or statement is filed for emergency detention, emergency commitment, involuntary commitment, or protective placement, and the minor's right to consent to or refuse treatment as provided in s. 51.61 (6).

AB116, s. 11 Section 11. 51.13 (3) (c) of the statutes is amended to read:

AB116,7,20 51.13 (3) (c) A minor 14 years of age or older who has been admitted to an inpatient facility for the primary purpose of treatment for alcoholism or drug abuse, a minor under 14 years of age who has been admitted to an inpatient treatment facility for the primary purpose of treatment for mental illness, developmental disability, alcoholism, or drug abuse, and his or her the minor's parent or guardian shall also be informed by the director or his or her designee, both orally and in writing, in easily understandable language, of the right of the parent or guardian to request the minor's discharge as provided in sub. (7) (b) and of the minor's right to a hearing to determine continued appropriateness of the admission as provided in sub. (7) (c).

AB116, s. 12 Section 12. 51.13 (4) (a) (intro.) of the statutes is amended to read:

AB116,8,4 51.13 (4) (a) (intro.) Within 3 days of after the admission of a minor under sub. (1), or within 3 days of after application for admission of the minor, whichever occurs first, the treatment director of the facility to which the minor is admitted or, in the case of a center for the developmentally disabled, the director of the center, shall file a verified petition for review of the admission in the court assigned to exercise jurisdiction under chs. 48 and 938 in the county in which the facility is located. A copy of the application for admission and of any relevant professional evaluations shall be attached to the petition. The petition shall contain all of the following:

AB116, s. 13 Section 13. 51.13 (4) (c) of the statutes is amended to read:

AB116,8,7 51.13 (4) (c) A copy of the petition shall be provided by the petitioner to the minor and his or her parents or guardian within 5 days of after admission.

AB116, s. 14 Section 14. 51.13 (4) (d) of the statutes is amended to read:

AB116,9,8 51.13 (4) (d) Within 5 days of after the filing of the petition, the court assigned to exercise jurisdiction under chs. 48 and 938 shall determine, based on the allegations of the petition and accompanying documents, whether the admission is voluntary on the part of the minor if the minor is 14 years of age or older and whether there is a prima facie showing that the minor is in need of psychiatric services, or services for developmental disability, alcoholism, or drug abuse, that the treatment facility offers inpatient therapy or treatment which that is appropriate to the minor's needs, and that inpatient care in the treatment facility is the least restrictive therapy or treatment consistent with the needs of the minor, and, if the minor is 14 years of age or older and has been admitted to the treatment facility for the primary purpose of treatment for mental illness or developmental disability, whether the admission is voluntary on the part of the minor. If such a showing is made, the court shall permit voluntary admission. If the court is unable to make such those determinations based on the petition and accompanying documents, it shall the court may dismiss the petition as provided in par. (h); or order additional information to be produced as it deems necessary for the court to make such review, and make such those determinations within 14 days of after admission or application for admission, whichever is sooner; or it may hold a hearing within 14 days of after admission or application for admission, whichever is sooner. If a notation of the minor's unwillingness appears on the face of the petition, or if a hearing has been requested by the minor, or by the minor's counsel, parent, or guardian, the court shall hold a hearing to review the admission within 14 days of after admission or application for admission, whichever is sooner, and shall appoint counsel to represent the minor if the minor is unrepresented. If the court deems considers it necessary, it the court shall also appoint a guardian ad litem to represent the minor.

AB116, s. 15 Section 15. 51.13 (4) (g) (intro.) of the statutes is amended to read:

AB116,9,25 51.13 (4) (g) (intro.) If the court finds that the minor is in need of psychiatric services or services for developmental disability, alcoholism, or drug abuse in an inpatient facility, and that the inpatient facility to which the minor is admitted offers therapy or treatment that is appropriate for the minor's needs and that is the least restrictive therapy or treatment consistent with the minor's needs , and, in the case of a minor aged 14 or older who is being admitted for the primary purpose of treatment for mental illness or developmental disability, that the application is voluntary on the part of the minor, the court shall permit voluntary admission. If the court finds that the therapy or treatment in the inpatient facility to which the minor is admitted is not appropriate or is not the least restrictive therapy or treatment consistent with the minor's needs, the court may order placement in or transfer to another more appropriate or less restrictive inpatient facility, except that the court may not permit or order placement in or transfer to the northern or southern centers for the developmentally disabled of a minor unless the department gives approval for the placement or transfer, and if the order of the court is approved by all of the following if applicable:

AB116, s. 16 Section 16. 51.13 (4) (g) 1. of the statutes is amended to read:

AB116,10,3 51.13 (4) (g) 1. The minor if he or she is aged 14 or older and is being admitted for the primary purpose of treatment for mental illness or developmental disability.

AB116, s. 17 Section 17. 51.13 (6) (a) of the statutes is amended to read:

AB116,10,13 51.13 (6) (a) A minor may be admitted to an inpatient treatment facility without review of the application under sub. (4) for diagnosis and evaluation or for dental, medical, or psychiatric services for a period not to exceed 12 days. The application for short-term admission of a minor shall be executed by the minor's parent or guardian, and by the minor if he or she, if the minor is 14 years of age or older and is being admitted for the primary purpose of diagnosis, evaluation, or services for mental illness or developmental disability, by the minor. A minor may not be readmitted to an inpatient treatment facility for psychiatric services under this paragraph within 120 days of a previous admission under this paragraph.

AB116, s. 18 Section 18. 51.13 (7) (a) of the statutes is amended to read: