AB480,4,162
51.13
(1) (c) If a minor
14 years of age or older wishes to be admitted to an
3approved inpatient treatment facility but a parent with legal custody or the guardian
4refuses to execute the application for admission or cannot be found, or if there is no
5parent with legal custody, the minor or a person acting on the minor's behalf may
6petition the court assigned to exercise jurisdiction under chs. 48 and 938 in the
7county of residence of the parent or guardian for approval of the admission. A copy
8of the petition and a notice of hearing shall be served upon the parent or guardian
9at his or her last-known address. If, after
a hearing, the court determines that the
10parent or guardian's consent
is
of the parent or guardian is being unreasonably
11withheld
or, that the parent or guardian cannot be found or that there is no parent
12with legal custody, and that the admission is proper under the standards prescribed
13in sub. (4) (d),
it the court shall approve the minor's admission without the
parent
14or guardian's consent
of the parent or guardian. The court may, at the minor's
15request, temporarily approve the admission pending
a hearing on the petition. If a
16hearing is held under this subsection, no review or hearing under sub. (4) is required.
AB480, s. 4
17Section
4. 51.13 (1) (d) of the statutes is amended to read:
AB480,4,2418
51.13
(1) (d) A minor against whom a petition or statement has been filed under
19s. 51.15, 51.20 or 51.45 (12) or (13) may be admitted under this section. The court
20may permit the minor to become a voluntary patient
pursuant to under this section
21upon approval by the court of an application executed
pursuant to under par. (a)
, (b) 22or (c)
, and the judge. The court shall then dismiss the proceedings under s. 51.15,
2351.20 or 51.45
(12) or (13). If a hearing is held under this subsection, no hearing
24under sub. (4) is required.
AB480, s. 5
25Section
5. 51.13 (1) (e) of the statutes is amended to read:
AB480,5,11
151.13
(1) (e) A minor may be admitted immediately upon the approval of the
2application executed under par. (a)
or (b) by the treatment director of the facility or
3his or her designee or, in the case of a center for the developmentally disabled, the
4director of the center or his or her designee, and the director of the appropriate county
5department under s. 51.42 or 51.437 if
such the county department is to be
6responsible for the cost of the minor's therapy and treatment. Approval shall be
7based upon an informed professional opinion that the minor is in need of psychiatric
8services or services for developmental disability, alcoholism or drug abuse, that the
9treatment facility offers inpatient therapy or treatment which is appropriate for the
10minor's needs and that inpatient care in the facility is the least restrictive therapy
11or treatment consistent with the minor's needs.
AB480, s. 6
12Section
6. 51.13 (2) (a) of the statutes is amended to read:
AB480,5,1913
51.13
(2) (a) A minor may be admitted to an inpatient treatment facility
14without complying with the requirements of this section if the admission does not
15involve the department or a county department under s. 51.42 or 51.437, or a contract
16between a treatment facility and the department or
between a treatment facility and 17a county department. The application for voluntary admission of a minor
who is 14
18years of age or over shall be executed by
the minor and a parent who has legal custody
19of the minor or the minor's guardian.
AB480, s. 7
20Section
7. 51.13 (2) (b) and (d) and (3) (b) of the statutes are repealed.
AB480, s. 8
21Section
8. 51.13 (3) (c) of the statutes is amended to read:
AB480,5,2522
51.13
(3) (c) A minor
under 14 years of age and his or her parent or guardian
23shall also be informed by the director or his or her designee, both orally and in
24writing, in easily understandable language, of the minor's right to a hearing to
25determine continued appropriateness of the admission as provided in sub. (7).
AB480, s. 9
1Section
9. 51.13 (3) (e) of the statutes is amended to read:
AB480,6,52
51.13
(3) (e) Writing materials for use in requesting a hearing
or discharge 3under this section shall be made available to minors at all times by every inpatient
4treatment facility. The staff of each
such facility shall assist minors in preparing and
5submitting requests for
discharge or hearing hearings.
AB480, s. 10
6Section
10. 51.13 (4) (a) (intro.) of the statutes is amended to read:
AB480,6,147
51.13
(4) (a) (intro.) Within 3 days
of after the admission of a minor under sub.
8(1), or within 3 days
of after application for admission of the minor, whichever occurs
9first, the treatment director of the facility to which the minor is admitted or, in the
10case of a center for the developmentally disabled, the director of the center, shall file
11a verified petition for review of the admission in the court assigned to exercise
12jurisdiction under chs. 48 and 938 in the county in which the facility is located. A
13copy of the application for admission and of any relevant professional evaluations
14shall be attached to the petition. The petition shall contain all of the following:
AB480, s. 11
15Section
11. 51.13 (4) (c) of the statutes is amended to read:
AB480,6,1716
51.13
(4) (c) A copy of the petition shall be provided by the petitioner to the
17minor and his or her parents or guardian within 5 days
of after admission.
AB480, s. 12
18Section
12. 51.13 (4) (d) of the statutes is amended to read:
AB480,7,1519
51.13
(4) (d) Within 5 days
of after the filing of the petition, the court assigned
20to exercise jurisdiction under chs. 48 and 938 shall determine, based on the
21allegations of the petition and accompanying documents,
whether the admission is
22voluntary on the part of the minor if the minor is 14 years of age or older and whether
23there is a prima facie showing that the minor is in need of psychiatric services, or
24services for developmental disability, alcoholism or drug abuse, that the treatment
25facility offers inpatient therapy or treatment which is appropriate to the minor's
1needs, and that inpatient care in the treatment facility is the least restrictive therapy
2or treatment consistent with the needs of the minor. If such a showing is made, the
3court shall permit voluntary admission. If the court is unable to make
such those 4determinations based on the petition and accompanying documents,
it shall the
5court may dismiss the petition as provided in par. (h);
or order additional information
6to be produced as
it deems necessary
for the court to make
such review, and make
7such those determinations within 14 days
of after admission or application for
8admission, whichever is sooner; or
it may hold a hearing within 14 days
of after 9admission or application for admission, whichever is sooner. If a notation of the
10minor's unwillingness appears on the face of the petition, or if a hearing has been
11requested by the minor, the minor's counsel, parent or guardian, the court shall hold
12a hearing to review the admission within 14 days
of
after admission or application
13for admission, whichever is sooner, and shall appoint counsel to represent the minor
14if the minor is unrepresented. If the court
deems
considers it necessary,
it the court 15shall also appoint a guardian ad litem to represent the minor.
AB480, s. 13
16Section
13. 51.13 (4) (g) (intro.) of the statutes is amended to read:
AB480,8,517
51.13
(4) (g) (intro.) If the court finds that the minor is in need of psychiatric
18services or services for developmental disability, alcoholism or drug abuse in an
19inpatient facility, and that the inpatient facility to which the minor is admitted offers
20therapy or treatment that is appropriate for the minor's needs and that is the least
21restrictive therapy or treatment consistent with the minor's needs
and, in the case
22of a minor aged 14 or older, the application is voluntary on the part of the minor, the
23court shall permit voluntary admission. If the court finds that the therapy or
24treatment in the inpatient facility to which the minor is admitted is not appropriate
25or is not the least restrictive therapy or treatment consistent with the minor's needs,
1the court may order placement in or transfer to another more appropriate or less
2restrictive inpatient facility, except that the court may not permit or order placement
3in or transfer to the northern or southern centers for the developmentally disabled
4of a minor unless the department gives approval for the placement or transfer, and
5if the order of the court is approved by all of the following if applicable:
AB480, s. 14
6Section
14. 51.13 (4) (g) 1. of the statutes is repealed.
AB480, s. 15
7Section
15. 51.13 (6) (a) of the statutes is amended to read:
AB480,8,158
51.13
(6) (a) A minor may be admitted to an inpatient treatment facility
9without review of the application under sub. (4) for diagnosis and evaluation or for
10dental, medical or psychiatric services for a period not to exceed 12 days. The
11application for short-term admission of a minor shall be executed by the minor's
12parent or guardian
, and by the minor if he or she is 14 years of age or older. A minor
13may not be readmitted to an inpatient treatment facility for psychiatric services
14under this paragraph within 120 days
of after a previous admission under this
15paragraph.
AB480, s. 16
16Section
16. 51.13 (7) (title), (a) and (b) of the statutes are repealed.
AB480, s. 17
17Section
17. 51.13 (7) (c) of the statutes is renumbered 51.13 (7) and amended
18to read:
AB480,9,1319
51.13
(7) Court hearing
Continued appropriateness of admission. Any minor
20under 14 years of age who is voluntarily admitted under this section may submit a
21written request to the court for a hearing to determine the continued
22appropriateness of the admission. If the director or staff of the inpatient treatment
23facility to which a minor
under the age of 14 is admitted observes conduct by the
24minor which demonstrates an unwillingness to remain at the facility, including
but
25not limited to a written expression of opinion or unauthorized absence, the director
1shall file a written request with the court to determine the continued
2appropriateness of the admission. A request
which
that is made personally by a
3minor under this
paragraph subsection shall be signed by the minor but need not be
4written or composed by him or her. A request for a hearing under this
paragraph
5which subsection that is received by staff or the director of the facility in which the
6child minor is admitted shall be filed with the court by the director. The court shall
7order a hearing upon request if no hearing concerning the minor's admission has
8been held within 120 days
of receipt of before the request
is received. The court shall
9appoint counsel and, if the court
deems considers it necessary, a guardian ad litem
10to represent the minor
and if. If a hearing is held
, the court shall hold the hearing
11within 14 days
of after the request, unless the parties agree to a longer period. After
12the hearing, the court shall
make disposition dispose of the matter in the manner
13provided in sub. (4).
AB480, s. 18
14Section
18. 51.14 (3) (a) of the statutes is amended to read:
AB480,9,1915
51.14
(3) (a)
Either a A minor
14 years of age or older or his or her parent or
16guardian may petition the mental health review officer in the county in which the
17parent or guardian has residence for a review of a refusal of
either the minor or his
18or her parent or guardian to provide the informed consent for outpatient mental
19health treatment required under s. 51.61 (6).
AB480, s. 19
20Section
19. 51.14 (3) (b) 3. of the statutes is amended to read:
AB480,9,2221
51.14
(3) (b) 3. The facts substantiating the
petitioner's minor's belief that
the
22minor he or she needs outpatient mental health treatment.
AB480, s. 20
23Section
20. 51.14 (3) (b) 4. of the statutes is amended to read:
AB480,9,2524
51.14
(3) (b) 4. Any available information which substantiates the
25appropriateness of the particular treatment sought
for
by the minor and that the
1particular treatment sought is the least restrictive treatment consistent with the
2needs of the minor.
AB480, s. 21
3Section
21. 51.14 (3) (g) of the statutes is amended to read:
AB480,10,94
51.14
(3) (g) Within 21 days after the filing of a petition under this subsection,
5the mental health review officer shall hold a hearing on the refusal of
the minor or 6the minor's parent or guardian to provide informed consent for outpatient treatment.
7The mental health review officer shall provide notice of the date, time and place of
8the hearing to the minor and the minor's parent or guardian at least 96 hours prior
9to the hearing.
AB480, s. 22
10Section
22. 51.14 (3) (h) (intro.) of the statutes is amended to read:
AB480,10,1811
51.14
(3) (h) (intro.) If following the hearing under par. (g) and after taking into
12consideration the recommendations, if any, of the county department under s. 51.42
13or 51.437 made under par. (e), the mental health review officer finds all of the
14following, he or she shall issue a written order that, notwithstanding the written,
15informed consent requirement of s. 51.61 (6),
the written, informed consent of the
16minor, if the minor is refusing to provide consent, or the written, informed consent
17of the minor's parent or guardian
, if the parent or guardian is refusing to provide
18consent, is not required for outpatient mental health treatment for the minor:
AB480, s. 23
19Section
23. 51.14 (4) (a) of the statutes is amended to read:
AB480,11,220
51.14
(4) (a) Within 21 days after the issuance of the order by the mental health
21review officer under sub. (3) or if the requirements of sub. (3) (f) are satisfied, the
22minor or his or her parent or guardian may petition a court assigned to exercise
23jurisdiction under chs. 48 and 938 in the county of residence of the minor's parent
24or guardian for a review of the refusal of
either the minor or his or her the parent or
1guardian to provide the informed consent for outpatient mental health treatment
2required under s. 51.61 (6).
AB480, s. 24
3Section
24. 51.14 (4) (b) of the statutes is amended to read:
AB480,11,64
51.14
(4) (b) The petition in par. (a) shall conform to the requirements set forth
5in sub. (3) (b).
If the minor has refused to provide informed consent, a notation of this
6fact shall be made on the face of the petition.
AB480, s. 25
7Section
25. 51.14 (4) (c) of the statutes is amended to read:
AB480,11,148
51.14
(4) (c)
If a notation of a minor's refusal to provide informed consent to
9outpatient mental health treatment appears on the petition, the court shall, at least
107 days prior to the time scheduled for the hearing, appoint counsel to represent the
11minor if the minor is unrepresented. If the minor's parent or guardian has refused
12to provide informed consent and the minor is unrepresented, the court shall appoint
13counsel to represent the minor, if requested by the minor or determined by the court
14to be in the best interests of the minor.
AB480, s. 26
15Section
26. 51.14 (4) (g) (intro.) of the statutes is amended to read:
AB480,11,2216
51.14
(4) (g) (intro.) After the hearing under this subsection, the court shall
17issue a written order stating that, notwithstanding the written, informed consent
18requirement of s. 51.61 (6),
the written, informed consent of the minor, if the minor
19refuses to provide consent, or the written, informed consent of the parent or
20guardian
, if the parent or guardian refuses to provide consent, is not required for
21outpatient mental health treatment for the minor if the court finds all of the
22following:
AB480, s. 27
23Section
27. 51.20 (16) (a) of the statutes is amended to read:
AB480,12,424
51.20
(16) (a) Except in the case of alcoholic commitments under s. 51.45 (13),
25any patient who is involuntarily committed for treatment under this chapter, may
1on the patient's own verified petition, except in the case of a minor
who is under 14
2years of age, or on the verified petition of the patient's guardian, relative, friend, or
3any person providing treatment under the order of commitment, request a
4reexamination or request the court to modify or cancel an order of commitment.
AB480, s. 28
5Section
28. 51.22 (2) of the statutes is amended to read:
AB480,12,126
51.22
(2) Voluntary Except as provided in s. 51.13 (2), voluntary admissions
7under ss. 51.10, 51.13 and 51.45 (10) shall be through the county department under
8s. 51.42 or 51.437 serving the person's county of residence, or through the
9department if the person to be admitted is a nonresident of this state. Admissions
10through a county department under s. 51.42 or 51.437 shall be made in accordance
11with s. 51.42 (3) (as) 1. or 51.437 (4rm) (a). Admissions through the department shall
12be made in accordance with sub. (3).
AB480, s. 29
13Section
29. 51.30 (5) (a) of the statutes is amended to read:
AB480,12,2014
51.30
(5) (a)
Consent for release of information. The parent, guardian, or person
15in the place of a parent of a minor or the guardian of an adult adjudged incompetent
16under ch. 880 may consent to the release of confidential information in court or
17treatment records.
A minor who is aged 14 or more may consent to the release of
18confidential information in court or treatment records without the consent of the
19minor's parent, guardian or person in the place of a parent. Consent under this
20paragraph must conform to the requirements of sub. (2).
AB480, s. 30
21Section
30. 51.30 (5) (b) 1. of the statutes is amended to read:
AB480,13,422
51.30
(5) (b) 1. The guardian of an individual who is adjudged incompetent
23under ch. 880 shall have access to the individual's court and treatment records at all
24times. The parent, guardian or person in the place of a parent of a developmentally
25disabled minor shall have access to the minor's court and treatment records at all
1times
except in the case of a minor aged 14 or older who files a written objection to
2such access with the custodian of the records. The parent, guardian or person in the
3place of a parent of other minors shall have the same rights of access as provided to
4subject individuals under this section.
AB480, s. 31
5Section
31. 51.30 (5) (b) 2. of the statutes is amended to read:
AB480,13,116
51.30
(5) (b) 2.
A minor upon reaching the age of 14 shall have access to his or
7her own court and treatment records, as provided in this section. A minor
under the
8age of 14 shall have access to court records but only in the presence of parent,
9guardian, counsel, guardian ad litem or judge and shall have access to treatment
10records as provided in this section but only in the presence of parent, guardian,
11counsel, guardian ad litem or staff member of the treatment facility.
AB480, s. 32
12Section
32. 51.35 (3) (a) of the statutes is amended to read:
AB480,14,713
51.35
(3) (a) A licensed psychologist of a juvenile correctional facility or a
14secured child caring institution, as defined in s. 938.02 (15g), or a licensed physician
15of the department of corrections, who has reason to believe that any individual
16confined in the facility or institution is, in his or her opinion, in need of services for
17developmental disability, alcoholism or drug dependency or in need of psychiatric
18services, and who has obtained voluntary consent to make a transfer for treatment,
19shall make a report, in writing, to the superintendent of the facility or institution,
20stating the nature and basis of the belief and verifying the consent. In the case of
21a minor
age 14 and over, the minor and, the minor's parent or guardian shall consent
22unless the minor is admitted under s. 51.13 (1) (c)
; and in the case of a minor under
23the age of 14, only the minor's parent or guardian need consent. The superintendent
24shall inform, orally and in writing, the minor and the minor's parent or guardian,
25that transfer is being considered and shall inform them of the basis for the request
1and their rights as provided in s. 51.13 (3). If the department of corrections, upon
2review of a request for transfer, determines that transfer is appropriate, that
3department shall immediately notify the department of health and family services
4and, if the department of health and family services consents, the department of
5corrections may immediately transfer the individual. The department of corrections
6shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction
7under chs. 48 and 938 of the county where the treatment facility is located.
AB480, s. 33
8Section
33. 51.35 (3) (b) of the statutes is amended to read:
AB480,14,259
51.35
(3) (b) The court assigned to exercise jurisdiction under chs. 48 and 938
10shall determine, based on the allegations of the petition and accompanying
11documents,
whether the transfer is voluntary on the part of the minor if he or she is
12aged 14 or over, and whether the transfer of the minor to an inpatient facility is
13appropriate and consistent with the needs of the minor.
In the event that If the court
14is unable to make
such determinations that determination based on the petition and
15accompanying documents,
it shall the court may order additional information to be
16produced as
it deems necessary
for the court to make
such review, and make such
17determinations the determination within 14 days
of after admission, or
it the court 18may hold a hearing within 14 days
of after admission. If a notation of the minor's
19unwillingness appears on the face of the petition, or
that if a hearing has been
20requested by the minor, the minor's counsel, guardian ad litem, parent or guardian,
21the court shall hold a hearing and appoint counsel or a guardian ad litem for the
22minor as provided in s. 51.13 (4) (d). At the conclusion of the hearing, the court shall
23approve or disapprove the request for transfer. If the minor is under the continuing
24jurisdiction of the court of another county, the court may order the case transferred
25together with all appropriate records to that court.
AB480, s. 34
1Section
34. 51.35 (3) (g) of the statutes is amended to read:
AB480,15,112
51.35
(3) (g) A
parent or guardian of a minor
14 years of age or older who is
3transferred to a treatment facility under par. (a) may request in writing a return
of
4the minor to the juvenile correctional facility or secured child caring institution, as
5defined in s. 938.02 (15g).
In the case of a minor under 14 years of age, the parent
6or guardian may make the request. Upon receipt of a request for return from a minor
714 years of age or over, the director shall immediately notify the minor's parent or
8guardian. The minor shall be returned to the juvenile correctional facility or secured
9child caring institution within 48 hours after submission of the request unless a
10petition or statement is filed for emergency detention, emergency commitment,
11involuntary commitment or protective placement.
AB480, s. 35
12Section
35. 51.61 (6) of the statutes is amended to read:
AB480,16,513
51.61
(6) Subject to the rights of patients provided under this chapter, the
14department, county departments under s. 51.42 or 51.437 and any agency providing
15services under an agreement with the department or those county departments have
16the right to use customary and usual treatment techniques and procedures in a
17reasonable and appropriate manner in the treatment of patients who are receiving
18services under the mental health system, for the purpose of ameliorating the
19conditions for which the patients were admitted to the system. The written,
20informed consent of any patient shall first be obtained, unless the person
is a minor
21or has been found not competent to refuse medication and treatment under s. 51.61
22(1) (g). In the case of a minor, the written, informed consent of the parent or guardian
23is required
. Except, except as provided under an order issued under s.
51.13 (1) (c)
24or 51.14 (3) (h) or (4) (g)
, if the minor is 14 years of age or older, the written, informed
25consent of the minor and the minor's parent or guardian is required. A refusal of
1either a parent or guardian of a minor
14 years of age or older or the minor's parent
2or guardian to provide written, informed consent for
admission to an approved
3inpatient treatment facility is reviewable under s. 51.13 (1) (c) and a refusal of a
4parent or guardian of a minor to provide written, informed consent for outpatient
5mental health treatment is reviewable under s. 51.14.
AB480,16,117
(1) This act first applies to individuals who are receiving treatment in an
8approved inpatient treatment facility, or who are receiving outpatient mental health
9treatment, on the effective date of this subsection regardless of whether admission
10to the inpatient facility or outpatient program occurred or was sought prior to the
11effective date of this subsection.
AB480,16,1413
(1)
This act takes effect on the first day of the 2nd month beginning after
14publication.