51.13
51.13
Admission of minors. 51.13(1)(1)
Admission through board or department. 51.13(1)(a)(a) Except as provided in
s. 51.45 (2m), the application for voluntary admission of a minor who is under 14 years of age to an approved inpatient treatment facility shall be executed by a parent who has legal custody of the minor or the minor's guardian. Any statement or conduct by a minor under the age of 14 indicating that the minor does not agree to admission to the facility shall be noted on the face of the application and shall be noted in the petition required by
sub. (4).
51.13(1)(b)
(b) The application for voluntary admission of a minor who is 14 years of age or over shall be executed by the minor and a parent who has legal custody of the minor or the minor's guardian, except as provided in
par. (c).
51.13(1)(c)
(c) If a minor 14 years of age or older wishes to be admitted to an approved inpatient treatment facility but a parent with legal custody or the guardian refuses to execute the application for admission or cannot be found, or if there is no parent with legal custody, the minor or a person acting on the minor's behalf may petition the court assigned to exercise jurisdiction under
chs. 48 and
938 in the county of residence of the parent or guardian for approval of the admission. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after hearing, the court determines that the parent or guardian's consent is unreasonably withheld or that the parent or guardian cannot be found or that there is no parent with legal custody, and that the admission is proper under the standards prescribed in
sub. (4) (d), it shall approve the minor's admission without the parent or guardian's consent. The court may, at the minor's request, temporarily approve the admission pending hearing on the petition. If a hearing is held under this subsection, no review or hearing under
sub. (4) is required.
51.13(1)(d)
(d) A minor against whom a petition or statement has been filed under
s. 51.15,
51.20 or
51.45 (12) or
(13) may be admitted under this section. The court may permit the minor to become a voluntary patient pursuant to this section upon approval by the court of an application executed pursuant to
par. (a),
(b) or
(c), and the judge shall then dismiss the proceedings under
s. 51.15,
51.20 or
51.45. If a hearing is held under this subsection, no hearing under
sub. (4) is required.
51.13(1)(e)
(e) A minor may be admitted immediately upon the approval of the application executed under
par. (a) or
(b) by the treatment director of the facility or his or her designee or, in the case of a center for the developmentally disabled, the director of the center or his or her designee, and the director of the appropriate county department under
s. 51.42 or
51.437 if such county department is to be responsible for the cost of the minor's therapy and treatment. Approval shall be based upon an informed professional opinion that the minor is in need of psychiatric services or services for developmental disability, alcoholism or drug abuse, that the treatment facility offers inpatient therapy or treatment which is appropriate for the minor's needs and that inpatient care in the facility is the least restrictive therapy or treatment consistent with the minor's needs.
51.13(1)(f)
(f) Admission under
par. (c) or
(d) shall also be approved by the treatment director of the facility or his or her designee, or in the case of a center for the developmentally disabled, the director of the center 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 and treatment, within 14 days of the minor's admission.
51.13(2)(a)(a) A minor may be admitted to an inpatient treatment facility without complying with the requirements of this section if the admission does not involve the department or a county department under
s. 51.42 or
51.437, or a contract between a treatment facility and the department or between a treatment facility and a county department. The application for voluntary admission of a minor who is 14 years of age or over shall be executed by the minor and a parent who has legal custody of the minor or the minor's guardian.
51.13(2)(b)
(b) Notwithstanding
par. (a), any minor who is 14 years of age or older who is admitted to an inpatient treatment facility for the primary purpose of treatment of mental illness, developmental disability, alcoholism or drug abuse has the right to be discharged within 48 hours of his or her request, as provided in
sub. (7) (b). At the time of admission, any minor who is 14 years of age or older shall be informed of this right orally and in writing by the director of the hospital or such person's designee. This paragraph does not apply to individuals who receive services in hospital emergency rooms.
51.13(2)(c)
(c) A copy of the patient's rights established under
s. 51.61 shall be given and explained to the minor and the minor's parent or guardian at the time of admission by the director of the facility or such person's designee.
51.13(2)(d)
(d) Writing materials for use in requesting a discharge shall be made available at all times to all minors who are 14 years of age or older admitted under this subsection. The staff of the facility shall assist such minors in preparing or submitting requests for discharge.
51.13(3)(a)(a) Prior to admission if possible, or as soon thereafter as possible, the minor and the parent or guardian shall be informed by the director of the facility or his or her designee, both orally and in writing, in easily understandable language, of the review procedure in
sub. (4), including the standards to be applied by the court and the possible dispositions, the right to a hearing upon request under
sub. (4), and the minor's right to appointed counsel as provided in
sub. (4) (d) if a hearing is held.
51.13(3)(b)
(b) A minor 14 years of age or older and his or her parent or guardian shall also be informed by the director or his or her designee, both orally and in writing, in easily understandable language, of the minor's right to request discharge and to be discharged within 48 hours of the request if no petition or statement is filed for emergency detention, emergency commitment, involuntary commitment or protective placement, and the minor's right to consent to or refuse treatment as provided in
s. 51.61 (6).
51.13(3)(c)
(c) A minor under 14 years of age and his or her parent or guardian shall also be informed by the director or his or her designee, both orally and in writing, in easily understandable language, of the minor's right to a hearing to determine continued appropriateness of the admission as provided in
sub. (7).
51.13(3)(d)
(d) A copy of the patient's rights established in
s. 51.61 shall be given and explained to the minor and the minor's parent or guardian at the time of admission by the director of the facility or such person's designee.
51.13(3)(e)
(e) Writing materials for use in requesting a hearing or discharge under this section shall be made available to minors at all times by every inpatient treatment facility. The staff of each such facility shall assist minors in preparing and submitting requests for discharge or hearing.
51.13(4)(a)(a) Within 3 days of the admission of a minor under
sub. (1), or within 3 days of application for admission of the minor, whichever occurs first, the treatment director of the facility to which the minor is admitted or, in the case of a center for the developmentally disabled, the director of the center, shall file a verified petition for review of the admission in the court assigned to exercise jurisdiction under
chs. 48 and
938 in the county in which the facility is located. A copy of the application for admission and of any relevant professional evaluations shall be attached to the petition. The petition shall contain all of the following:
51.13(4)(a)1.
1. The name, address and date of birth of the minor.
51.13(4)(a)2.
2. The names and addresses of the minor's parents or guardian.
51.13(4)(a)3.
3. The facts substantiating the petitioner's belief in the minor's need for psychiatric services, or services for developmental disability, alcoholism or drug abuse.
51.13(4)(a)4.
4. The facts substantiating the appropriateness of inpatient treatment in the inpatient treatment facility.
51.13(4)(a)5.
5. The basis for the petitioner's opinion that inpatient care in the facility is the least restrictive treatment consistent with the needs of the minor.
51.13(4)(a)6.
6. Notation of any statement made or conduct demonstrated by the minor in the presence of the director or staff of the facility indicating that inpatient treatment is against the wishes of the minor.
51.13 Note
NOTE: Par. (a) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
51.13(4)(b)
(b) If hardship would otherwise occur and if the best interests of the minor would be served thereby, the court may, on its own motion or on the motion of any interested party, remove the petition to the court assigned to exercise jurisdiction under
chs. 48 and
938 of the county of residence of the parent or guardian.
51.13(4)(c)
(c) A copy of the petition shall be provided by the petitioner to the minor and his or her parents or guardian within 5 days of admission.
51.13(4)(d)
(d) Within 5 days of the filing of the petition, 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 admission is voluntary on the part of the minor if the minor is 14 years of age or older and whether there is a prima facie showing that the minor is in need of psychiatric services, or services for developmental disability, alcoholism or drug abuse, that the treatment facility offers inpatient therapy or treatment which is appropriate to the minor's needs, and that inpatient care in the treatment facility is the least restrictive therapy or treatment consistent with the needs of the minor. If such a showing is made, the court shall permit voluntary admission. If the court is unable to make such determinations based on the petition and accompanying documents, it shall dismiss the petition as provided in
par. (h); or order additional information to be produced as it deems necessary to make such review, and make such determinations within 14 days of admission or application for admission, whichever is sooner; or it may hold a hearing within 14 days of admission or application for admission, whichever is sooner. If a notation of the minor's unwillingness appears on the face of the petition, or if a hearing has been requested by the minor, the minor's counsel, parent or guardian, the court shall hold a hearing to review the admission within 14 days of admission or application for admission, whichever is sooner, and shall appoint counsel to represent the minor if the minor is unrepresented. If the court deems it necessary, it shall also appoint a guardian ad litem to represent the minor.
51.13(4)(e)
(e) Notice of the hearing under this subsection shall be provided by the court by certified mail to the minor, the minor's parents or guardian, the minor's counsel and guardian ad litem if any, the petitioner and any other interested party at least 96 hours prior to the time of hearing.
51.13(4)(f)
(f) The rules of evidence in civil actions shall apply to any hearing under this section. A record shall be maintained of the entire proceedings. The record shall include findings of fact and conclusions of law. Findings shall be based on a clear and convincing standard of proof.
51.13(4)(g)
(g) If the court finds that the minor is in need of psychiatric services, or services for developmental disability, alcoholism or drug abuse in an inpatient facility, that the inpatient facility to which the minor is admitted offers therapy or treatment which is appropriate for the minor's needs and which is the least restrictive therapy or treatment consistent with the minor's needs and, in the case of a minor aged 14 or older, the application is voluntary on the part of the minor, it shall permit voluntary admission. If the court finds that the therapy or treatment in the inpatient facility to which the minor is admitted is not appropriate or is not the least restrictive therapy or treatment consistent with the minor's needs, the court may order placement in or transfer to another more appropriate or less restrictive inpatient facility, except that the court may not permit or order placement in or transfer to the northern or southern centers for the developmentally disabled of a minor unless the department gives approval for the placement or transfer, and if the order of the court is approved by all of the following if applicable:
51.13(4)(g)2.
2. The treatment director of the facility or his or her designee.
51.13(4)(g)3.
3. 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.
51.13(4)(h)
(h) If the court does not permit voluntary admission under
par. (g), it shall do one of the following:
51.13(4)(h)1.
1. Dismiss the petition and order the application for admission denied and the minor released.
51.13(4)(h)2.
2. Order the petition to be treated as a petition for involuntary commitment and refer it to the court where the review under this section was held, or if it was not held in the county of legal residence of the subject individual's parent or guardian and hardship would otherwise occur and if the best interests of the subject individual would be served thereby, to the court assigned to exercise jurisdiction under
chs. 48 and
938 in such county for a hearing under
s. 51.20 or
51.45 (13).
51.13(4)(h)3.
3. If the minor is 14 years of age or older and appears to be developmentally disabled, proceed in the manner provided in
s. 51.67 to determine whether the minor should receive protective placement or protective services, except that a minor shall not have a temporary guardian appointed if he or she has a parent or guardian.
51.13(4)(i)
(i) Approval of an admission under this subsection does not constitute a finding of mental illness, developmental disability, alcoholism or drug dependency.
51.13(5)
(5) Appeal. Any person who is aggrieved by a determination or order under this section and who is directly affected thereby may appeal to the court of appeals under
s. 809.40.
51.13(6)(a)(a) A minor may be admitted to an inpatient treatment facility without review of the application under
sub. (4) for diagnosis and evaluation or for dental, medical or psychiatric services for a period not to exceed 12 days. The application for short-term admission of a minor shall be executed by the minor's parent or guardian, and by the minor if he or she is 14 years of age or older. A minor may not be readmitted to an inpatient treatment facility for psychiatric services under this paragraph within 120 days of a previous admission under this paragraph.
51.13(6)(b)
(b) The application shall be reviewed by the treatment director of the facility or, in the case of a center for the developmentally disabled, by the director, and shall be accepted only if the director determines that the admission constitutes the least restrictive means of obtaining adequate diagnosis and evaluation of the minor or adequate provision of medical, dental or psychiatric services.
51.13(6)(c)
(c) At the end of the 12-day period, the minor shall be released unless an application has been filed for voluntary admission under
sub. (1) or a petition or statement has been filed for emergency detention, emergency commitment, involuntary commitment or protective placement.
51.13(7)(a)(a) If a minor is admitted to an inpatient treatment facility while under 14 years of age, and if upon reaching age 14 is in need of further inpatient care and treatment, the director of the facility shall request the minor and the minor's parent or guardian to execute an application for voluntary admission. Such an application may be executed within 30 days prior to a minor's 14th birthday. If the application is executed, a petition for review shall be filed in the manner prescribed in
sub. (4), unless such a review has been held within the last 120 days. If the application is not executed by the time of the minor's 14th birthday, the minor shall be discharged unless a petition or statement is filed for emergency detention, emergency commitment, involuntary commitment or protective placement by the end of the next day in which the court transacts business.
51.13(7)(b)
(b) Any minor 14 years of age or over voluntarily admitted under this section may request discharge in writing. Upon receipt of any form of written request for discharge, the director of the facility in which the minor is admitted shall immediately notify the minor's parent or guardian. The minor shall be discharged within 48 hours after submission of the request, exclusive of Saturdays, Sundays and legal holidays, unless a petition or statement is filed for emergency detention, emergency commitment, involuntary commitment or protective placement.
51.13(7)(c)
(c) Any minor under 14 years of age who is voluntarily admitted under this section may submit a written request to the court for a hearing to determine the continued appropriateness of the admission. If the director or staff of the inpatient treatment facility to which a minor under the age of 14 is admitted observes conduct by the minor which demonstrates an unwillingness to remain at the facility, including but not limited to a written expression of opinion or unauthorized absence, the director shall file a written request with the court to determine the continued appropriateness of the admission. A request which is made personally by a minor under this paragraph shall be signed by the minor but need not be written or composed by him or her. A request for a hearing under this paragraph which is received by staff or the director of the facility in which the child is admitted shall be filed with the court by the director. The court shall order a hearing upon request if no hearing concerning the minor's admission has been held within 120 days of receipt of the request. The court shall appoint counsel and, if the court deems it necessary, a guardian ad litem to represent the minor and if a hearing is held shall hold the hearing within 14 days of the request, unless the parties agree to a longer period. After the hearing, the court shall make disposition of the matter in the manner provided in
sub. (4).
51.13 Annotation
Due process rights of minor child whose parents or guardians seek admission of child discussed. Parham v. J. R., 442 US 584 (1979). See also Secy. of Publ. Welf. v. Institutionalized Juveniles, 442 US 640 (1979).
51.14
51.14
Outpatient treatment of minors. 51.14(1)
(1)
Definitions. In this section, "outpatient mental health treatment" means treatment and social services for mental illness, except psychotropic medications and 24-hour care and custody, provided by a treatment facility.
51.14(2)
(2) Mental health review officer. Each court assigned to exercise jurisdiction under
chs. 48 and
938 shall designate a mental health review officer to review petitions filed under
sub. (3).
51.14(3)
(3) Review by mental health review officer. 51.14(3)(a)(a) Either a minor 14 years of age or older or his or her parent or guardian may petition the mental health review officer in the county in which the parent or guardian has residence for a review of a refusal of either the minor or his or her parent or guardian to provide the informed consent for outpatient mental health treatment required under
s. 51.61 (6).
51.14(3)(b)
(b) A petition filed under this subsection shall contain all of the following:
51.14(3)(b)2.
2. The name and address of the parent or guardian of the minor.
51.14(3)(b)3.
3. The facts substantiating the petitioner's belief that the minor needs outpatient mental health treatment.
51.14(3)(b)4.
4. Any available information which substantiates the appropriateness of the particular treatment sought for the minor and that the particular treatment sought is the least restrictive treatment consistent with the needs of the minor.
51.14(3)(c)
(c) Any professional evaluations relevant under
par. (b) 3. or
4. shall be attached to the petition filed under this subsection.
51.14(3)(d)
(d) The court which appointed the mental health review officer shall ensure that necessary assistance is provided to the petitioner in the preparation of the petition under this subsection.
51.14(3)(e)
(e) The mental health review officer shall notify the county department under
s. 51.42 or
51.437 of the contents of any petition received by the mental health review officer under this subsection. The county department under
s. 51.42 or
51.437 may, following review of the petition contents, make recommendations to the mental health review officer as to the need for and appropriateness and availability of treatment.
51.14(3)(f)
(f) If prior to a hearing under
par. (g) either the minor or his or her parent or guardian requests and the mental health review officer determines that the best interests of the minor would be served, a petition may be filed for court review under
sub. (4) without further review under this subsection.
51.14(3)(g)
(g) Within 21 days after the filing of a petition under this subsection, the mental health review officer shall hold a hearing on the refusal of the minor or the minor's parent or guardian to provide informed consent for outpatient treatment. The mental health review officer shall provide notice of the date, time and place of the hearing to the minor and the minor's parent or guardian at least 96 hours prior to the hearing.
51.14(3)(h)
(h) If following the hearing under
par. (g) and after taking into consideration the recommendations, if any, of the county department under
s. 51.42 or
51.437 made under
par. (e), the mental health review officer finds all of the following, he or she shall issue a written order that, notwithstanding the written, informed consent requirement of
s. 51.61 (6), the written, informed consent of the minor, if the minor is refusing to provide consent, or the written, informed consent of the minor's parent or guardian, if the parent or guardian is refusing to provide consent, is not required for outpatient mental health treatment for the minor:
51.14(3)(h)3.
3. The particular treatment sought is appropriate for the minor and is the least restrictive treatment available.
51.14(3)(h)4.
4. The proposed treatment is in the best interests of the minor.
51.14(3)(i)
(i) The findings under
par. (h) and the reasons supporting each finding shall be in writing.
51.14(3)(j)
(j) The mental health review officer shall notify the minor and the minor's parent or guardian of the right to judicial review under
sub. (4).
51.14(3)(k)
(k) No person may be a mental health review officer in a proceeding under this section if he or she has provided treatment or services to the minor who is the subject of the proceeding.
51.14(4)(a)(a) Within 21 days after the issuance of the order by the mental health review officer under
sub. (3) or if the requirements of
sub. (3) (f) are satisfied, the minor or his or her parent or guardian may petition a court assigned to exercise jurisdiction under
ch. 48 in the county of residence of the minor's parent or guardian for a review of the refusal of either the minor or his or her parent or guardian to provide the informed consent for outpatient mental health treatment required under
s. 51.61 (6).
51.14(4)(b)
(b) The petition in
par. (a) shall conform to the requirements set forth in
sub. (3) (b). If the minor has refused to provide informed consent, a notation of this fact shall be made on the face of the petition.
51.14(4)(c)
(c) If a notation of a minor's refusal to provide informed consent to outpatient mental health treatment appears on the petition, the court shall, at least 7 days prior to the time scheduled for the hearing, appoint counsel to represent the minor if the minor is unrepresented. If the minor's parent or guardian has refused to provide informed consent and the minor is unrepresented, the court shall appoint counsel to represent the minor, if requested by the minor or determined by the court to be in the best interests of the minor.
51.14(4)(d)
(d) The court shall hold a hearing on the petition within 21 days after filing of the petition.
51.14(4)(e)
(e) Notice of the hearing under this subsection shall be provided by the court by certified mail, at least 96 hours prior to the hearing, to the minor, the minor's parent or guardian, the minor's counsel and guardian ad litem, if any, and any other interested party known to the court.
51.14(4)(f)
(f) The rules of evidence in civil actions shall apply to any hearing under this section. A record, including written findings of fact and conclusions of law, shall be maintained of the entire proceedings. Findings shall be based on evidence that is clear, satisfactory and convincing.
51.14(4)(g)
(g) After the hearing under this subsection, the court shall issue a written order stating that, notwithstanding the written, informed consent requirement of
s. 51.61 (6), the written, informed consent of the minor, if the minor refuses to provide consent, or the written, informed consent of the parent or guardian, if the parent or guardian refuses to provide consent, is not required for outpatient mental health treatment for the minor if the court finds all of the following:
51.14(4)(g)3.
3. The particular treatment sought is appropriate for the minor and is the least restrictive treatment available.
