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.