51.01(14)
(14) "Residence", "legal residency" or "county of residence" has the meaning given under
s. 49.001 (6).
51.01(15)
(15) "State treatment facility" means any of the institutions operated by the department for the purpose of providing diagnosis, care or treatment for mental or emotional disturbance, developmental disability, alcoholism or drug dependency and includes but is not limited to mental health institutes.
51.01(16)
(16) "Transfer" means the movement of a patient or resident between approved treatment facilities or to or from an approved treatment facility and the community.
51.01(17)
(17) "Treatment" means those psychological, educational, social, chemical, medical or somatic techniques designed to bring about rehabilitation of a mentally ill, alcoholic, drug dependent or developmentally disabled person.
51.01(18)
(18) "Treatment director" means the person who has primary responsibility for the treatment provided by a treatment facility. The term includes the medical director of a facility.
51.01(19)
(19) "Treatment facility" means any publicly or privately operated facility or unit thereof providing treatment of alcoholic, drug dependent, mentally ill or developmentally disabled persons, including but not limited to inpatient and outpatient treatment programs, community support programs and rehabilitation programs.
51.01 Annotation
"Treatment" does not include habilitation. In Matter of Athans, 107 W (2d) 331, 320 NW (2d) 30 (Ct. App. 1982).
51.02
51.02
Council on mental health. 51.02(1)
(1) The council on mental health shall have the following duties:
51.02(1)(a)
(a) Advise the department, the legislature and the governor on the use of state and federal resources and on the provision and administration of programs for persons who are mentally ill or who have other mental health problems, for groups who are not adequately served by the mental health system, for the prevention of mental health problems and for other mental health related purposes.
51.02(1)(b)
(b) Provide recommendations to the department on the expenditure of federal funds received under the community mental health block grant under
42 USC 300x to
300x-9 and participate in the development of and monitor and evaluate the implementation of, the community mental health block grant plan.
51.02(1)(c)
(c) Review all departmental plans for services affecting persons with mental illness and monitor the implementation of the plans.
51.02(1)(d)
(d) Serve as an advocate for persons with mental illness.
51.02(1)(e)
(e) Submit annually to the department, the chief clerk of each house of the legislature, for distribution to the legislature under
s. 13.172 (2), and the governor a report on recommended policy changes in the area of mental health.
51.02(1)(f)
(f) Consult with the department in the development of a model community mental health plan under
s. 51.42 (7) (a) 9., and review and advise the department on community mental health plans submitted by counties under
s. 51.42 (3) (ar) 5.
51.02(1)(g)
(g) Promote the development and administration of a delivery system for community mental health services that is sensitive to the needs of consumers of the services.
51.02(1)(h)
(h) Review and comment on the human services and community programs board member training curriculum developed by the department under
s. 51.42 (7) (a) 3m.
51.02(2)
(2) The secretary shall submit all departmental plans affecting persons with mental illness to the council for its review. The council shall provide its recommendations to the secretary within such time as the secretary may require.
51.03
51.03
Department; powers and duties. 51.03(1)
(1) The department through its authorized agents may visit or investigate any treatment facility to which persons are admitted or committed under this chapter.
51.03(2)
(2) No later than 14 days after the date of a death reported under
s. 51.64 (2) (a), the department shall investigate the death.
51.03(3)(a)(a) Beginning on September 1, 1996, the department shall collect and analyze information in this state on each of the following:
51.03(3)(a)3.
3. The number of, cost of and paying sources for days of inpatient mental health treatment that result from the commitments initiated under
subd. 1. or ordered under
subd. 2.
51.03(3)(a)5.
5. The number of persons who are receiving care and treatment under community support programs voluntarily or under commitments ordered under
s. 51.20 (13).
51.03(3)(b)
(b) By April 1, 1997, and annually by that date for 3 years thereafter, the department shall submit a report to the legislature under
s. 13.172 (2) on the information collected under
par. (a).
51.038
51.038
Outpatient mental health clinic certification. If a facility that provides mental health services on an outpatient basis holds current accreditation from the council on accreditation of services for families and children, the department may accept evidence of this accreditation as equivalent to the standards established by the department, for the purpose of certifying the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under
s. 49.46 (2) (b) 6. f., a community aids funding recipient under
s. 51.423 (2) or as mandated coverage under
s. 632.89.
51.038 History
History: 1987 a. 27.
51.04
51.04
Treatment facility certification. Any treatment facility may apply to the department for certification of the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under
s. 49.46 (2) (b) 6. f. or to a community aids funding recipient under
s. 51.423 (2) or provided as mandated coverage under
s. 632.89. The department shall annually charge a fee for each certification.
51.04 History
History: 1975 c. 224; Stats. 1975 s. 51.44;
1975 c. 430 s.
53m; Stats. 1975 s. 51.04;
1983 a. 27;
1985 a. 29,
176;
1995 a. 27.
51.05
51.05
Mental health institutes. 51.05(1)
(1) The mental health institute located at Mendota is known as the "Mendota Mental Health Institute" and the mental health institute located at Winnebago is known as the "Winnebago Mental Health Institute". Goodland Hall West, a facility located at Mendota mental health institute, is designated as the "Maximum Security Facility at Mendota Mental Health Institute". The department shall divide the state by counties into 2 districts, and may change the boundaries of these districts, arranging them with reference to the number of patients residing in them at a given time, the capacity of the institutes and the convenience of access to them.
51.05(2)
(2) The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under
s. 51.42 in the county where the person has legal residency authorizes the care, as provided in
s. 51.42 (3) (as). Patients who are committed to the department under s.
975.01, 1977 stats., or s.
975.02, 1977 stats., or
s. 971.14,
971.17,
975.06 or
980.06, admitted by the department under s.
975.17, 1977 stats., or are transferred from a juvenile correctional facility or a secured child caring institution, as defined in
s. 938.02 (15g), to a state treatment facility under
s. 51.35 (3) or from a jail or prison to a state treatment facility under
s. 51.37 (5) are not subject to this section.
51.05(3)
(3) Any person who is without a county responsible for his or her care and any person entering this state through the compact established under
s. 51.75 may be accepted by the department and temporarily admitted to an institute. Such person shall be transferred to the county department under
s. 51.42 for the community where the best interests of the person can best be served, as soon as practicable.
51.05(3g)
(3g) Beginning October 1, 1994, the department shall annually increase rates charged for the various types of services provided by the mental health institutes by amounts that equal an average of at least a 10% total increase in rates, until the revenues of the mental health institutes are in balance with the expenses of the mental health institutes.
51.05(3m)
(3m) Notwithstanding
s. 20.903 (1), the department shall implement a plan that is approved by the department of administration to assure that, before July 1, 1999, there are sufficient revenues, as projected by the department of health and family services, to cover anticipated expenditures by that date under the appropriation under
s. 20.435 (2) (gk) for the purpose of reimbursing the provision of care to patients of the Mendota mental health institute or the Winnebago mental health institute. The department of health and family services shall make reports to the department of administration every 3 months, beginning on October 1, 1993, and ending on July 1, 1999, concerning the implementation of this plan.
51.05(4)
(4) The transfer or discharge of any person who is placed in a mental health institute shall be made subject to
s. 51.35.
51.05(5)
(5) School activities. If an individual over the age of 2 and under the age of 22 and eligible for schooling under
ss. 115.76 (2) and
115.85 is committed, admitted or transferred to or is a resident of the Mendota mental health institute or Winnebago mental health institute, the individual shall attend a school program operated by the applicable mental health institute or a school outside the applicable mental health institute which is approved by the department of education. A school program operated by the Mendota mental health institute or Winnebago mental health institute shall be under the supervision of the department of education and shall meet standards prescribed by that agency.
Effective date note
NOTE: Sub. (5) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(5) School activities. If an individual over the age of 2 and under the age of 22 and eligible for schooling under ss. 115.76 (2) and 115.85 is committed, admitted or transferred to or is a resident of the Mendota mental health institute or Winnebago mental health institute, the individual shall attend a school program operated by the applicable mental health institute or a school outside the applicable mental health institute which is approved by the department of public instruction. A school program operated by the Mendota mental health institute or Winnebago mental health institute shall be under the supervision of the department of public instruction and shall meet standards prescribed by that agency.
51.05(6)
(6) Hearing-impaired individuals. The department shall provide mental health services appropriate for hearing-impaired individuals who are residents of or are committed, admitted or transferred to a mental health institute.
51.06
51.06
Centers for the developmentally disabled. 51.06(1)(1)
Purpose. The purpose of the northern center for developmentally disabled, central center for developmentally disabled and southern center for developmentally disabled is to provide services needed by developmentally disabled citizens of this state which are otherwise unavailable to them, and to return such persons to the community when their needs can be met at the local level. Services to be provided by the department at such centers shall include:
51.06(1)(a)
(a) Education within the requirements of
sub. (2), training, habilitative and rehabilitative services to those persons placed in its custody.
51.06(1)(b)
(b) Development-evaluation services to citizens through county departments under
ss. 51.42 and
51.437.
51.06(1)(c)
(c) Assistance to such community boards in meeting the needs of developmentally disabled citizens.
51.06(1)(d)
(d) At the southern center for developmentally disabled, services for up to 10 individuals with developmental disability who are also diagnosed as mentally ill or who exhibit extremely aggressive and challenging behaviors and at the northern center for developmentally disabled, services for up to 12 such individuals.
51.06(2)
(2) School activities. If an individual over the age of 2 years and under the age of 22 years and eligible for schooling under
ss. 115.76 (2) and
115.85 is admitted to, is placed in or is a resident of a center, the individual shall attend a school program operated by the center or a school outside the center which is approved by the department of education. A school program operated by the center shall be under the supervision of the department of education and shall meet standards prescribed by that agency.
Effective date note
NOTE: Sub. (2) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(2) School activities. If an individual over the age of 2 years and under the age of 22 years and eligible for schooling under ss. 115.76 (2) and 115.85 is admitted to, is placed in or is a resident of a center, the individual shall attend a school program operated by the center or a school outside the center which is approved by the department of public instruction. A school program operated by the center shall be under the supervision of the department of public instruction and shall meet standards prescribed by that agency.
51.06(3)
(3) Admission. Individuals under the age of 22 years shall be placed only at the central center for the developmentally disabled unless the department authorizes the placement of the individual at the northern or southern center for the developmentally disabled.
51.06(4)
(4) Transfer or discharge. The transfer or discharge of any person who is placed in a center for the developmentally disabled shall be made subject to
s. 51.35.
51.07
51.07
Outpatient services. 51.07(1)(1) The department may establish a system of outpatient clinic services in any institution operated by the department.
51.07(2)
(2) It is the purpose of this section to:
51.07(2)(a)
(a) Provide outpatient diagnostic and treatment services for patients and their families.
51.07(2)(b)
(b) Offer precommitment and preadmission evaluations and studies.
51.07(3)
(3) The department may provide outpatient services only to patients contracted for with county departments under
ss. 51.42 and
51.437 in accordance with
s. 46.03 (18), except for those patients whom the department finds to be nonresidents of this state. The full and actual cost less applicable collections of such services contracted for shall be charged to the respective county department under
s. 51.42 or
51.437. The state shall provide the services required for patient care only if no such services are funded by the department in the county or group of counties served by the respective county department under
s. 51.42 or
51.437.
51.08
51.08
Milwaukee county mental health complex. Any county having a population of 500,000 or more may, pursuant to
s. 46.17, establish and maintain a county mental health complex. The county mental health complex shall be a hospital devoted to the detention and care of drug addicts, alcoholics, chronic patients and mentally ill persons whose mental illness is acute. Such hospital shall be governed pursuant to
s. 46.21. Treatment of alcoholics at the county mental health complex is subject to approval by the department under
s. 51.45 (8). The county mental health complex established pursuant to this section is subject to rules promulgated by the department concerning hospital standards.
51.09
51.09
County hospitals. Any county having a population of less than 500,000 may establish a hospital or facilities for the detention and care of mentally ill persons, alcoholics and drug addicts; and in connection therewith a hospital or facility for the care of cases afflicted with pulmonary tuberculosis. County hospitals established pursuant to this section are subject to rules promulgated by the department concerning hospital standards, including standards for alcoholic treatment facilities under
s. 51.45 (8).
51.09 History
History: 1971 c. 211;
1973 c. 198;
1975 c. 430 s.
16; Stats. 1975 s. 51.09;
1985 a. 332 s.
251 (1).
51.10
51.10
Voluntary admission of adults. 51.10(1)
(1) With the approval of the treatment director of the treatment facility or the director's designee, or in the case of a center for the developmentally disabled, the director of the center or the director's designee, and the approval of the director of the appropriate county department under
s. 51.42 or
51.437, an adult desiring admission to an approved inpatient treatment facility may be admitted upon application. This subsection applies only to admissions made through a county department under
s. 51.42 or
51.437 or through the department.
51.10(2)
(2) With the approval of the director of the treatment facility or the director's designee and the director of the appropriate county department under
s. 51.42 or
51.437, an adult may be voluntarily admitted to a state inpatient treatment facility.
51.10(3)
(3) Voluntary admission of adult alcoholics shall be in accordance with
s. 51.45 (10).
51.10(4)
(4) The criteria for voluntary admission to an inpatient treatment facility shall be based on an evaluation that the applicant is mentally ill or developmentally disabled, or is an alcoholic or drug dependent and that the person has the potential to benefit from inpatient care, treatment or therapy. An applicant is not required to meet a standard of dangerousness under
s. 51.20 (1) (a) 2. to be eligible for the benefits of voluntary treatment programs. An applicant may be admitted for the purpose of making a diagnostic evaluation.
51.10(4m)(a)(a) An adult who meets the criteria for voluntary admission under
sub. (4) and whose admission is approved under
sub. (1) or
(2) may also be admitted to an inpatient treatment facility if:
51.10(4m)(a)1.
1. A physician of the facility submits a signed request and certifies in writing, before not less than 2 witnesses, that the physician has advised the patient in the presence of the witnesses both orally and in writing of the person's rights under
sub. (5) and of the benefits and risks of treatment, the patient's right to the least restrictive form of treatment appropriate to the patient's needs and the responsibility of the facility to provide the patient with this treatment; or
51.10(4m)(b)
(b) Any person admitted under
par. (a) 1. who fails to indicate a desire to leave the facility but who refuses or is unable to sign an application for admission is presumed to consent to admission and may be held for up to 7 days as a voluntary patient.
51.10(4m)(c)
(c) On the first court day following admission under
par. (a) 1., the facility shall notify the court assigned to exercise probate jurisdiction for the county in which the facility is located of the admission. Within 24 hours after receiving this notice, excluding Saturdays, Sundays and holidays, the court shall appoint a guardian ad litem to visit the facility and to determine if there has been compliance with this subsection. The guardian ad litem shall visit the patient within 48 hours, excluding Saturdays, Sundays and holidays, to ascertain whether the patient wishes a less restrictive form of treatment and, if so, shall assist the patient in obtaining the proper assistance from the facility. The guardian ad litem shall inform the patient of all rights to which the patient is entitled under this chapter.
51.10(4m)(d)
(d) If a patient admitted under
par. (a) 1. has not signed a voluntary admission application within 7 days after admission, the patient, the guardian ad litem and the physician who signed the admission request shall appear before the judge or court commissioner of the court assigned to exercise probate jurisdiction for the county in which the facility is located to determine whether the patient shall remain in the facility as a voluntary patient. If the judge or court commissioner determines that the patient desires to leave the facility, the facility shall discharge the patient. If the facility has reason to believe the patient is eligible for commitment under
s. 51.20, the facility may initiate procedures for involuntary commitment.
51.10(5)(a)(a) At the time of admission to an inpatient facility the individual being admitted shall be informed orally and in writing of his or her right to leave upon submission of a written request to the staff of the facility except when the director or such person's designee files a statement of emergency detention under
s. 51.15 with the court by the end of the next day in which the court transacts business.
51.10(5)(b)
(b) Writing materials for use in requesting discharge shall be available at all times to any voluntarily admitted individual, and shall be given to the individual upon request. A copy of the patient's and resident's rights shall be given to the individual at the time of admission.
51.10(5)(c)
(c) Any patient or resident voluntarily admitted to an inpatient treatment facility shall be discharged on request, unless the treatment director or the treatment director's designee has reason to believe that the patient or resident is dangerous in accordance with a standard under
s. 51.20 (1) (a) 2. or
(am) and files a statement of emergency detention under
s. 51.15 with the court by the end of the next day in which the court transacts business. The patient or resident shall be notified immediately when such a statement is to be filed. Prior to the filing of a statement, the patient or resident may be detained only long enough for the staff of the facility to evaluate the individual's condition and to file the statement of emergency detention. This time period may not exceed the end of the next day in which the court transacts business. Once a statement is filed, a patient or resident may be detained as provided in
s. 51.15 (1). The probable cause hearing required under
s. 51.20 (7) shall be held within 72 hours after the request for discharge, excluding Saturdays, Sundays and legal holidays.
51.10(6)
(6) A person against whom a petition for involuntary commitment has been filed under
s. 51.15 or
51.20 may agree to be admitted to an inpatient treatment facility under this section. The court may permit the person to become a voluntary patient or resident pursuant to this section upon signing an application for voluntary admission, if the director of the appropriate county department under
s. 51.42 or
51.437 and the director of the facility to which the person will be admitted approve of the voluntary admission within 30 days of the admission. Except as provided in
s. 51.20 (8) (bg) or
(bm), the court shall dismiss the proceedings under
s. 51.20 30 days after the person's admission if the person is still a voluntary patient or resident or upon the discharge of the person by the treatment director of the facility or his or her designee, if that occurs first. For any person who is a voluntary patient or resident under this subsection, actions required under
s. 51.35 (5) shall be initiated within 14 days of admission.
51.10(7)
(7) The treatment director of a facility may temporarily admit an individual to an inpatient facility when there is reason to question the competency of such individual. The treatment director shall then apply to the court for appointment of a guardian within 48 hours of the time of admission, exclusive of Saturdays, Sundays and legal holidays. The individual may remain at the facility pending appointment of a guardian.
