LRB-3584/1
GMM:pgt&cmh&kg:km
1999 - 2000 LEGISLATURE
September 20, 1999 - Introduced by Representatives Skindrud, Jensen,
Hundertmark, Ladwig, Pettis, Rhoades, Ainsworth, Albers, Goetsch,
Gunderson, Hahn, Kedzie, M. Lehman, Musser, Staskunas, Stone, Vrakas
and Nass, cosponsored by Senators Rosenzweig and Darling. Referred to
Committee on Children and Families.
AB480,1,9
1An Act to repeal 51.13 (1) (b), 51.13 (2) (b) and (d) and (3) (b), 51.13 (4) (g) 1. and
251.13 (7) (title), (a) and (b);
to renumber and amend 51.13 (7) (c); and
to
3amend 51.13 (1) (a), 51.13 (1) (c), 51.13 (1) (d), 51.13 (1) (e), 51.13 (2) (a), 51.13
4(3) (c), 51.13 (3) (e), 51.13 (4) (a) (intro.), 51.13 (4) (c), 51.13 (4) (d), 51.13 (4) (g)
5(intro.), 51.13 (6) (a), 51.14 (3) (a), 51.14 (3) (b) 3., 51.14 (3) (b) 4., 51.14 (3) (g),
651.14 (3) (h) (intro.), 51.14 (4) (a), 51.14 (4) (b), 51.14 (4) (c), 51.14 (4) (g) (intro.),
751.20 (16) (a), 51.22 (2), 51.30 (5) (a), 51.30 (5) (b) 1., 51.30 (5) (b) 2., 51.35 (3)
8(a), 51.35 (3) (b), 51.35 (3) (g) and 51.61 (6) of the statutes;
relating to: mental
9health treatment of minors.
Analysis by the Legislative Reference Bureau
Under current law, the Mental Health Act distinguishes between minors under
14 years of age and minors 14 years of age or over with regard to giving informed
consent for outpatient mental health treatment; voluntary admission to and
discharge from an inpatient facility, that is, a hospital or unit of a hospital that has
as its primary purpose the diagnosis, treatment and rehabilitation of mental illness,
developmental disability, alcoholism or drug abuse; reexamination under, or
modification or cancellation of, an involuntary mental commitment order; transfer
from a juvenile secured correctional facility to an inpatient facility; and access and
consent to the release of court records and treatment records. This bill eliminates
the distinction between a minor under 14 years of age and a minor 14 years of age
or over with regard to those areas of the Mental Health Act.
Specifically, under current law, subject to certain exceptions, before a minor 14
years of age or over may receive outpatient mental health treatment, the written,
informed consent of the minor and the minor's parent or guardian is required. This
bill eliminates the requirement that a minor 14 years of age or over provide his or
her written, informed consent, in addition to that of his or her parent or guardian,
before he or she may receive outpatient mental health treatment.
Under current law, subject to certain exceptions, before a minor 14 years of age
or over may be admitted voluntarily to an inpatient facility, the minor and the
minor's parent who has legal custody of the minor or the minor's guardian must
execute an application for voluntary admission to the facility. This bill eliminates
the requirement that a minor 14 years of age or over execute the application for
voluntary admission to an inpatient facility, along with his or her parent or guardian,
before the minor may be admitted to the facility.
Under current law, if a minor 14 years of age or over wishes to be admitted to
an inpatient facility, but the minor's parent who has legal custody of the minor or the
minor's 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 refuses to execute
the application for admission or cannot be found.
Under current law, a minor 14 years of age or over who is voluntarily admitted
to an inpatient facility 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. A minor under 14 years of age, however, may be discharged on his or
her request only after a hearing before the juvenile court to determine the continued
appropriateness of the admission. This bill eliminates the requirement that a minor
14 years of age or over who has been voluntarily admitted to an inpatient facility be
discharged within 48 hours after his or her request and instead requires the juvenile
court to hold a hearing on such a request to determine the continued appropriateness
of the admission, as is the case for minors under 14 years of age under current law.
Under current law, a minor 14 years of age or over who has been involuntarily
committed for mental health treatment may, on his or her own petition or on the
petition of a guardian, relative, friend or person providing treatment under the
commitment order, petition the juvenile court for an order that his or her mental
condition be reexamined or for an order modifying or canceling his or her
commitment. This bill eliminates the right of a minor 14 years of age or over to file
his or her own petition for such a reexamination, modification or cancellation.
Under current law, a minor may be transferred from a juvenile secured
correctional facility to an inpatient facility if the juvenile court finds that the transfer
is appropriate and consistent with the needs of the minor and, if the minor is 14 years
of age or over, that the transfer is voluntary on the part of the minor. This bill
eliminates the requirement that a minor 14 years of age or over must consent to being
transferred from a juvenile correctional facility to an inpatient facility. Under the
bill, only the minor's parent or guardian need consent, as is the case for minors under
14 years of age under current law.
Under current law, a minor 14 years of age or over may have access to his or her
court records and treatment records on the same basis as an adult, but a minor under
14 years of age may have access to his or her court records only in the presence of his
or her parent, guardian, counsel, guardian ad litem or a judge and may have access
to his or her treatment records only in the presence of his or her parent, guardian,
counsel, guardian ad litem or a staff member of the treatment facility. This bill
permits a minor 14 years of age or over to have access to his or her court records or
treatment records only in the presence of a person whose presence is required under
current law for a minor under 14 years of age. The bill also eliminates the right under
current law of a developmentally disabled minor 14 years of age or over to object to
his or her parent or guardian or a person in the place of a parent having access to the
minor's court and treatment records.
Under current law, subject to certain exceptions, confidential information in
the court records or treatment records of a minor 14 years of age or over may be
released on the consent of the minor without the consent of the minor's parent or
guardian or a person in place of a parent. This bill eliminates the right of a minor
14 years of age or over to consent to the release of confidential information in his or
her court records or treatment records without the consent of his or her parent or
guardian or a person in place of a parent.
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:
AB480, s. 1
1Section
1. 51.13 (1) (a) of the statutes is amended to read:
AB480,3,72
51.13
(1) (a) Except as provided in s. 51.45 (2m), the application for voluntary
3admission of a minor
who is under 14 years of age to an approved inpatient treatment
4facility shall be executed by a parent who has legal custody of the minor or the
5minor's guardian. Any statement or conduct by a minor
under the age of 14 6indicating that the minor does not agree to admission to the facility shall be noted
7on the face of the application and shall be noted in the petition required by sub. (4).
AB480, s. 2
8Section
2. 51.13 (1) (b) of the statutes is repealed.
AB480, s. 3
1Section
3. 51.13 (1) (c) of the statutes is amended to read:
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).