LRB-3362/1
DAK:bjk:nwn
2007 - 2008 LEGISLATURE
December 4, 2007 - Introduced by Law Revision Committee. Referred to
Committee on Aging and Long Term Care.
AB612,1,4 1An Act to repeal 51.13 (4) (g) 4.; and to amend 51.13 (4) (g) (intro.) of the
2statutes; relating to: approval of a court order for a minor's placement in or
3transfer to an inpatient facility (suggested as remedial legislation by the
4Department of Health and Family Services).
Analysis by the Legislative Reference Bureau
Under current law, if a court finds that a minor's therapy or treatment for
mental illness, developmental disability, alcoholism, or drug abuse in a particular
inpatient facility is not appropriate or consistent with the minor's needs, the court
is authorized to order placement in or transfer to another more appropriate or less
restrictive facility. However, if the minor is ordered to be placed in the northern or
southern center for the developmentally disabled, the placement or transfer must
first be approved by the minor's parent (if the minor is under 14 years of age), or the
minor and his or her parent (if the minor is aged 14 years or older), except that if the
minor refuses approval, the parent may provide approval on behalf of the minor. The
placement or transfer also must first be approved by the treatment director of the
facility, the director of the appropriate county department of developmental
disabilities or community programs (if the county department is responsible for the
costs of the therapy or treatment), and the Department of Health and Family
Services (DHFS).
This bill changes required approval for a court order to place or transfer a minor
from one inpatient facility to another, more appropriate or less restrictive inpatient
facility so as to require that any such placement or transfer be approved by the

minor's parent (for a minor under age 14); the minor and his or her parent (for a
minor aged 14 or older), except that the parent may provide approval on behalf of the
minor; the facility treatment director; and the director of the appropriate county
department (if the county is responsible for the costs). In addition, if the court order
is to transfer or place a minor in a center for the developmentally disabled, DHFS
must approve the placement or transfer.
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Department of Health and Family Services and introduced by
the Law Revision Committee under s. 13.83 (1) (c) 4., stats. After careful consideration
of the various provisions of the bill, the Law Revision Committee has determined that this
bill makes minor substantive changes in the statutes, and that these changes are
desirable as a matter of public policy.
AB612, s. 1 1Section 1. 51.13 (4) (g) (intro.) of the statutes is amended to read:
AB612,2,152 51.13 (4) (g) (intro.) If the court finds, under a hearing under par. (d), that the
3minor is in need of psychiatric services or services for developmental disability,
4alcoholism, or drug abuse in an inpatient facility, that the inpatient facility to which
5the minor is admitted offers therapy or treatment that is appropriate for the minor's
6needs and that is the least restrictive therapy or treatment consistent with the
7minor's needs, the court shall permit admission. If the court finds that the therapy
8or treatment in the inpatient facility to which the minor is admitted is not
9appropriate or is not the least restrictive therapy or treatment consistent with the
10minor's needs, the court may order placement in or transfer to another more
11appropriate or less restrictive inpatient facility, except that the placement in or
12transfer to the northern or southern centers for the developmentally disabled of a
13minor shall first be
if the placement or transfer is first approved by all of the
14following, except that placement in or transfer to a center for the developmentally
15disabled shall first be approved by all of the following and the department
:
AB612, s. 2
1Section 2. 51.13 (4) (g) 4. of the statutes is repealed.
Note: This bill requires that a placement of a minor in, or transfer to, an inpatient
facility must be first approved by the treatment director of the facility or his or her
designee, and the director of the appropriate county department under s. 51.42 or 51.437
if the county department is to be responsible for the cost of the minor's therapy or
treatment. In addition, if the placement or transfer is to a center for the developmentally
disabled, the placement or transfer must also be approved by the Department of Health
and Family Services. According to the Department of Health and Family Services, this
bill corrects an error in 2005 Wisconsin Act 444 that provided that a minor could be placed
in an inpatient facility without the approval of the treatment director of the facility or his
or her designee, and without the approval of the director of the county department.
AB612,3,22 (End)
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