SB226: Bill Text

SB226,22,4 51.30 (5) (b) 2. A minor upon reaching the age of who is aged 14 or older and admitted under s. 51.13 (1) (b) or (c) 1. or (7) (a) shall have access to his or her own court and treatment records, as provided in this section. A minor under the age of 14 All other minors shall have access to court records but only in the presence of parent, guardian, counsel, guardian ad litem, or judge and shall have access to treatment records as provided in this section but only in the presence of parent, guardian, counsel, guardian ad litem, or staff member of the treatment facility.

SB226, s. 45 Section 45. 51.35 (3) (a) of the statutes is amended to read:

SB226,23,8 51.35 (3) (a) A licensed psychologist of a secured correctional facility, a secured child caring institution, or a secured group home, or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the secured correctional facility, secured child caring institution, or secured group home is, in his or her opinion, in need of services for developmental disability, alcoholism, or drug dependency or in need of psychiatric services, and who has obtained voluntary consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the secured correctional facility, secured child caring institution, or secured group home, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 or older who is in need of services for developmental disability or who is in need of psychiatric services, the minor and the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c) 1. or unless the minor refuses to consent, in which case the minor's parent or guardian may consent on behalf of the minor. In the case of a minor age 14 or older who is in need of services for alcoholism or drug dependency or a minor under the age of 14 who is in need of services for developmental disability, alcoholism, or drug dependency or in need of psychiatric services, only the minor's parent or guardian need needs to consent unless the minor is admitted under s. 51.13 (1) (c). The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3) (am). If the department of corrections, upon review of a request for transfer, determines that transfer is appropriate, that department shall immediately notify the department of health and family services and, if the department of health and family services consents, the department of corrections may immediately transfer the individual. The department of health and family services shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the treatment facility is located.

SB226, s. 46 Section 46. 51.35 (3) (b) of the statutes is amended to read:

SB226,24,7 51.35 (3) (b) 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 transfer under par. (a) of the minor to an inpatient facility is appropriate and consistent with the needs of the minor and, if the minor is 14 years of age or older and is being transferred for the purpose of receiving services for developmental disability or psychiatric services, whether consent for the transfer is voluntary on the part of the minor was provided by the minor and his or her parent or guardian or whether the minor was admitted under s. 51.13 (1) (c) 1. If the court is unable to make those determinations based on the petition and accompanying documents, the court may order additional information, including an independent evaluation, to be produced as necessary to make those determinations within 14 days after admission, or the court may hold a hearing within 14 days after admission. If a notation of the minor's unwillingness appears on the face of the petition, if the transfer was made under a consent of the minor's parent or guardian despite the minor's refusal, or if a hearing has been requested by the minor or by the minor's counsel, guardian ad litem, parent, or guardian, the court shall order an independent evaluation of the minor, hold a hearing, and appoint counsel or a guardian ad litem for the minor as provided in s. 51.13 (4) (d). The minor may receive assistance from the state protection and advocacy agency designated under s. 51.62 (2) (a). At the conclusion of the hearing, the court shall approve or disapprove the request for transfer. If the minor is under the continuing jurisdiction of the court of another county, the court may order the case transferred together with all appropriate records to that court.

SB226, s. 47 Section 47. 51.35 (3) (g) of the statutes is amended to read:

SB226,25,2 51.35 (3) (g) A minor 14 years of age or older who is transferred to a treatment facility under par. (a) for the purpose of receiving services for developmental disability or psychiatric services and the minor's parent or guardian may request in writing a return to the secured correctional facility, secured child caring institution, or secured group home, except that, if the minor refuses to make the request, the parent or guardian may make the request on behalf of the minor. In the case of a minor 14 years of age or older who is transferred to a treatment facility under par. (a) for the purpose of receiving services for alcoholism or drug dependency or a minor under 14 years of age, who is transferred to a treatment facility under par. (a) for the purpose of receiving services for developmental disability, alcoholism, or drug dependency, or psychiatric services, the parent or guardian may make the request. Upon receipt of a request for return from a minor 14 years of age or older, the director shall immediately notify the minor's parent or guardian. The minor, if available. A minor 14 years of age or older who requests and whose parent or guardian requests and a minor who was admitted under s. 51.13 (1) (c) who requests discharge in writing shall be returned to the secured correctional facility, secured child caring institution, or secured group home within 48 hours after submission of the request unless a petition or statement is filed for emergency detention, or a petition is filed for emergency commitment, involuntary commitment, or protective placement.

SB226, s. 48 Section 48. 51.35 (4) (d) of the statutes is amended to read:

SB226,25,8 51.35 (4) (d) The director of an inpatient facility may, under the requirements of s. 51.10 (5) (c) or 51.13 (7), grant a discharge or may terminate services to any patient voluntarily admitted under s. 51.10 or 51.13 when such patient requests a discharge. Such discharge shall conform to the requirements of s. 51.10 (5) (c) or 51.13 (7).

SB226, s. 49 Section 49. 51.45 (10) (am) of the statutes is amended to read:

SB226,25,13 51.45 (10) (am) A Except as provided in s. 51.47, a minor may apply for voluntary treatment directly to an approved public treatment facility, but only for those forms of treatment specified in sub. (7) (b) 5. and 7. Section 51.13 shall govern voluntary governs admission of a minor alcoholic to an inpatient treatment facility.

SB226, s. 50 Section 50. 51.45 (11) (a) of the statutes is amended to read:

SB226,25,21 51.45 (11) (a) An intoxicated person may come voluntarily to an approved public treatment facility for emergency treatment. Any law enforcement officer, or designated person upon the request of a law enforcement officer, may assist a person who appears to be intoxicated in a public place and to be in need of help to his or her home, an approved treatment facility or other health facility, if such person consents to the proffered help. Section 51.13 shall govern voluntary governs admission of an intoxicated minor to an inpatient facility under this paragraph.

SB226, s. 51 Section 51. 51.61 (6) of the statutes is renumbered 51.61 (6) (intro.) and amended to read:

SB226,26,20 51.61 (6) (intro.) Subject to the rights of patients provided under this chapter, the department, county departments under s. 51.42 or 51.437, and any agency providing services under an agreement with the department or those county departments have the right to use customary and usual treatment techniques and procedures in a reasonable and appropriate manner in the treatment of patients who are receiving services under the mental health system, for the purpose of ameliorating the conditions for which the patients were admitted to the system. The written, informed consent of any patient shall first be obtained, unless the person has been found not competent to refuse medication and treatment under s. 51.61 (1) (g) or the person is a minor 14 years of age or older who is receiving services for alcoholism or drug abuse or a minor under 14 years of age who is receiving services for mental illness, developmental disability, alcoholism, or drug abuse. In the case of a minor, the written, informed consent of the parent or guardian is required, except as provided under an order issued under s. 51.13 (1) (c) or 51.14 (3) (h) or (4) (g). If the minor is 14 years of age or older and is receiving services for mental illness or developmental disability, the written, informed consent of the minor and the minor's parent or guardian is required. A refusal of either a minor 14 years of age or older or the minor's parent or guardian to provide written, informed consent for admission to an approved inpatient treatment facility is reviewable under s. 51.13 (1) (c) 1. and a refusal of either a minor 14 years of age or older or the minor's parent or guardian to provide written, informed consent for outpatient mental health treatment is reviewable under s. 51.14. all of the following apply:

SB226, s. 52 Section 52. 51.61 (6) (a) of the statutes is created to read:

SB226,27,2 51.61 (6) (a) If the minor is under 14 years of age, for the receipt of inpatient treatment or outpatient treatment or services for mental illness, developmental disability, alcoholism, or drug abuse, including the administration of psychotropic medication, the written, informed consent of the minor's parent or guardian is required, except as provided under ss. 51.13 (1) (c) 2., 51.14 (3) (h) and (4), 51.135 (2), and 51.47 (1).

SB226, s. 53 Section 53. 51.61 (6) (b) of the statutes is created to read:

SB226,27,4 51.61 (6) (b) If the minor is 14 years of age or older:

SB226,27,8 1. Except as provided in subd. 5., for the receipt of inpatient treatment for developmental disability or mental illness, the minor and a parent with legal custody of the minor or the minor's guardian shall execute the application, except for all of the following:

SB226,27,11 a. A refusal or inability of the minor's parent or guardian to provide written, informed consent for inpatient treatment for mental illness or developmental disability is reviewable under s. 51.13 (1) (c) 1.

SB226,27,16 b. If the minor refuses to execute an application for or consent to a transfer for inpatient treatment for mental illness or developmental disability, the minor's parent or guardian may execute the application or consent on the minor's behalf. Refusal by the minor to execute the application or consent is reviewable under ss. 51.13 (3) and (4) and 51.35 (3) (b).

SB226,27,21 2. For the receipt of inpatient treatment for alcoholism or drug abuse, a parent with legal custody of the minor or the minor's guardian shall execute the application, except as provided in s. 51.47 (2) (b), (c), and (d) and except that a refusal or inability of the minor's parent or guardian to provide written, informed consent for inpatient treatment for alcoholism or drug abuse is reviewable under s. 51.13 (1) (c) 1.

SB226,27,25 3. Except as provided in subd. 5., for the receipt of outpatient treatment for mental illness or developmental disability, the minor and a parent with legal custody of the minor or the minor's guardian shall provide written, informed consent, except for all of the following:

SB226,28,2 a. A refusal or inability of the minor's parent or guardian to provide written, informed consent is reviewable under s. 51.14 (3) and (4).

SB226,28,6 b. If the minor refuses to provide written, informed consent, the minor's parent or guardian may provide written, informed consent on behalf of the minor. Refusal by the minor to provide written, informed consent is reviewable under s. 51.14 (3) and (4).

SB226,28,8 4. For the receipt of outpatient treatment for alcoholism or drug abuse, s. 51.47 applies.

SB226,28,10 5. For the receipt of psychotropic medication as inpatient or outpatient treatment for mental illness, s. 51.135 applies.

SB226, s. 54 Section 54. Initial applicability.

SB226,28,20 (1) Inpatient treatment. The treatment of sections 51.13 (1) (title), (a), (b), (c) 3., (d), (e), and (f), (2), (3) (a), (b), and (c), (4) (a) (intro.), (c), (d), (g) (intro.), (h) (intro.), (6) (c) and (7) (a), 51.22 (2) and 51.45 (11) (a) of the statutes, the renumbering and amendment of sections 51.13 (4) (g) 1. and (6) (a) and 51.61 (6) of the statutes, and the creation of sections 51.13 (4) (g) 1. a. to c. and 4. and 51.61 (6) (b) (intro.), 1., 2., and 5. of the statutes first apply to inpatient treatment applied for or received in an approved inpatient treatment facility on the effective date of this subsection, regardless of whether admission to the inpatient facility occurred or was sought prior to the effective date of this subsection.

SB226,29,2 (2) Consent provided for outpatient treatment. The treatment of sections 51.14 (title), (1), (1m), (3) (a), (b) 3., (f), (g), (h) (intro.) and 1., and (j), and (4) (a) and (g) (intro.), and 51.45 (10) (am) of the statutes, the renumbering and amendment of section 51.61 (6) of the statutes, and the creation of section 51.61 (6) (b) (intro.), 3., 4., and 5. of the statutes first apply to outpatient treatment consented to or received on the effective date of this subsection, regardless of whether consent for the treatment occurred or was sought prior to the effective date of this subsection.

SB226,29,6 (3) Transfers of treatment. The treatment of sections 51.35 (3) (a), (b), and (g) and (4) (d) of the statutes first applies to transfers of treatment consented to on the effective date of this subsection, regardless of whether consent for the transfer was sought prior to the effective date of this subsection.

SB226,29,12 (4) Discharge from inpatient facilities. The treatment of sections 51.13 (7) (title) and (c) and 51.35 (4) (d) of the statutes, the renumbering and amendment of section 51.13 (7) (b) of the statutes, and the creation of section 51.13 (7) (b) 3. of the statutes first apply to discharges from inpatient facilities made on the effective date of this subsection, regardless of whether the discharge was sought prior to the effective date of this subsection.

SB226,29,17 (5) Psychotropic medication. The treatment of sections 51.01 (13r) and 51.135 of the statutes, the renumbering and amendment of section 51.61 (6) of the statutes, and the creation of section 51.61 (6) (a) and (b) (intro.), 1. (intro.), 3. (intro.), and 5. of the statutes first apply to the administration of psychotropic medication on the effective date of this subsection.

SB226, s. 55 Section 55. Effective date.

SB226,29,20 (1) This act takes effect on the first day of the 2nd month beginning after publication.

SB226,29,21 (End)