51.20 Annotation
The 45 day limit in sub. (13) (g) 2. applies only to an original commitment order and does not bar subsequent extensions of the order. In Matter of M.J. 122 W (2d) 525, 362 NW (2d) 190 (Ct. App. 1984).
51.20 Annotation
The use of testimony by physicians by telephone did not a violate petitioner's due process rights. In Matter of W.J.C. 124 W (2d) 238, 369 NW (2d) 162 (Ct. App. 1985).
51.20 Annotation
Hearings under sub. (12) are open unless the court grants the subject individual's motion for closure. State ex rel. Wis. Journal v. Dane Cir. Ct., 131 W (2d) 515, 389 NW (2d) 73 (Ct. App. 1986).
51.20 Annotation
An individual's counsel may not withdraw a jury demand without the individual's consent. In Matter of S.B., 138 (2d) 409, 406 NW (2d) 408 (1987).
51.20 Annotation
Sub. (13) (c) 2 does not permit the committing court to specify a treatment method in addition to the facility. In Matter of J.R.R., 145 W (2d) 431, 427 NW (2d) 137 (Ct. App. 1988).
51.20 Annotation
Under sub. (13) (g) 3. individual has right to jury trial in proceedings to extend commitment. In Matter of Mental Condition of G.O.T., 151 W (2d) 629, 445 NW (2d) 697 (Ct. App. 1989).
51.20 Annotation
Discussion of bright line rule prohibiting circuit court from accepting petitions drafted by persons not authorized to do so under sub. (4). In Matter of S.P.B., 159 W (2d) 393, 464 NW (2d) 102 (Ct. App. 1990).
51.20 Annotation
Services of appointed counsel for non-indigent individuals in civil commitment hearing should be paid by the county. State ex. rel. Chiarkas v. Skow, 160 W (2d) 123, 465 NW (2d) 625 (1991).
51.20 Annotation
Assurance of representation by adversary counsel under sub. (3) does not preclude self representation where waiver of counsel is knowingly and competently made. In Matter of Condition of S.Y., 162 W (2d) 320, 469 NW (2d) 836 (1991).
51.20 Annotation
The provision of sub. (16) (c) for hearing on petition within 30 days of filing is directory and violation not grounds for release. State v. R.R.E., 162 W (2d) 698, 470 NW (2d) 283 (1991).
51.20 Annotation
Where a recommitment hearing under sub. (13) (g) 3. is before the same judge who conducted the original commitment proceeding, a request for substitution under s. 801.58 is not allowed. Serocki v. Clark County Circ. Ct. 163 W (2d) 152, 471 NW (2d) 49 (1991).
51.20 Annotation
Sub. (15) does not authorize appeal of a court commissioner's order to the court of appeals; proper review is a new hearing by circuit court. In Matter of Mental Condition of C.M.B., 165 W (2d) 703, 478 NW (2d) 385 (1992).
51.20 Annotation
An involuntary commitment may not be ordered on summary judgment. Matter of Mental Condition of Shirley J.C. 172 W (2d) 371, 493 NW (2d) 382 (Ct. App. 1992).
51.20 Annotation
A probable cause determination made by a court commissioner under sub. (7) may be reviewed by the circuit court, but nothing gives the subject a right to review. Factors to consider in deciding whether to grant review discussed. Milwaukee County v. Louise M. 205 W (2d) 161, 555 NW (2d) 807 (1996).
51.20 Annotation
Under sub. (2), a court can entertain proceedings for involuntary commitment of a person admitted as a voluntary inpatient. 68 Atty. Gen. 97.
51.20 Annotation
Sub. (14) requires a sheriff to transport the subject of a petition under s. 51.20 at all stages of the proceedings, regardless of reimbursement. 68 Atty. Gen. 225.
51.20 Annotation
An individual in the custody of a sheriff for transport to, from and during an involuntary commitment hearing has rights to the least restrictive restraint appropriate.
71 Atty. Gen. 183.
51.20 Annotation
Duties and obligations of a corporation counsel in involuntary civil commitment proceedings under this chapter discussed.
79 Atty. Gen. 129.
51.20 Annotation
Under sub. (14), the director of the county department under s. 51.42 or 51.437 may request the sheriff of the county in which an individual was placed under emergency detention to transport that individual to another designated inpatient facility prior to the initial court hearing under ch. 51, and the sheriff must do so within a reasonable time.
80 Atty. Gen. 299.
51.20 Annotation
The state cannot confine, without more, nondangerous persons capable of surviving safely in freedom alone or with help from family or friends. O'Connor v. Donaldson, 422 US 563.
51.20 Annotation
Due process does not require states to use the "beyond a reasonable doubt" standard in civil commitment proceedings. Addington v. Texas, 441 US 418 (1979).
51.20 Annotation
In signing a commitment application, a county employe was in essence acting as a witness in a judicial proceeding and as such was entitled to immunity. Martens v. Tremble, 481 F Supp. 831 (1979).
51.20 Annotation
Persons confined in central state hospital under ss. 51.20, 51.37, 971.14, 971.17 and 975.06 are being subjected to punishment within the meaning of the cruel and unusual punishment clause. Flakes v. Percy, 511 F Supp. 1325 (1981).
51.20 Annotation
The privilege against self-incrimination in civil commitment proceedings. 1980 WLR 697.
51.22
51.22
Care and custody of persons. 51.22(1)
(1) Except as provided in
s. 51.20 (13) (a) 4. or
5., any person committed under this chapter shall be committed to the county department under
s. 51.42 or
51.437 serving the person's county of residence, and such county department shall authorize placement of the person in an appropriate facility for care, custody and treatment according to
s. 51.42 (3) (as) 1. or
51.437 (4rm) (a).
51.22(2)
(2) Voluntary admissions under
ss. 51.10,
51.13 and
51.45 (10) shall be through the county department under
s. 51.42 or
51.437 serving the person's county of residence, or through the department if the person to be admitted is a nonresident of this state. Admissions through a county department under
s. 51.42 or
51.437 shall be made in accordance with
s. 51.42 (3) (as) 1. or
51.437 (4rm) (a). Admissions through the department shall be made in accordance with
sub. (3).
51.22(3)
(3) Whenever an admission is made through the department, the department shall determine the need for inpatient care of the individual to be admitted. Unless a state-operated facility is used, the department may only authorize care in an inpatient facility which is operated by or under a purchase of service contract with a county department under
s. 51.42 or
51.437 or an inpatient facility which is under a contractual agreement with the department. Except in the case of state treatment facilities, the department shall reimburse the facility for the actual cost of all authorized care and services from the appropriation under
s. 20.435 (7) (da). For collections made under the authority of
s. 46.10 (16), moneys shall be credited or remitted to the department no later than 60 days after the month in which collections are made. Such collections are also subject to
s. 46.036 or special agreement. Collections made by the department under
ss. 46.03 (18) and
46.10 shall be deposited in the general fund.
51.22(4)
(4) If a patient is placed in a facility authorized by a county department under
s. 51.42 and such placement is outside the jurisdiction of that county department under
s. 51.42, the placement does not transfer the patient's legal residence to the county of the facility's location while such patient is under commitment.
51.22(5)
(5) The board to which a patient is committed shall provide the least restrictive treatment alternative appropriate to the patient's needs, and movement through all appropriate and necessary treatment components to assure continuity of care.
51.22 Annotation
The standard for determining whether the state has adequately protected a patient's rights is whether professional judgment was in fact exercised. Youngberg v. Romeo, 457 US 307 (1982).
51.30(1)(1)
Definitions. In this section:
51.30(1)(a)
(a) "Registration records" include all the records of the department, county departments under
s. 51.42 or
51.437, treatment facilities, and other persons providing services to the department, county departments or facilities which identify individuals who are receiving or who at any time have received services for mental illness, developmental disabilities, alcoholism or drug dependence.
51.30(1)(b)
(b) "Treatment records" include the registration and all other records concerning individuals who are receiving or who at any time have received services for mental illness, developmental disabilities, alcoholism, or drug dependence which are maintained by the department, by county departments under
s. 51.42 or
51.437 and their staffs, and by treatment facilities. Such records do not include notes or records maintained for personal use by an individual providing treatment services for the department, a county department under
s. 51.42 or
51.437, or a treatment facility if such notes or records are not available to others.
51.30(2)
(2) Informed consent. An informed consent for disclosure of information from court or treatment records to an individual, agency, or organization must be in writing and must contain the following: the name of the individual, agency, or organization to which the disclosure is to be made; the name of the subject individual whose treatment record is being disclosed; the purpose or need for the disclosure; the specific type of information to be disclosed; the time period during which the consent is effective; the date on which the consent is signed; and the signature of the individual or person legally authorized to give consent for the individual.
51.30(3)(a)(a) Except as provided in
pars. (b) and
(c), the files and records of the court proceedings under this chapter shall be closed but shall be accessible to any individual who is the subject of a petition filed under this chapter.
51.30(3)(b)
(b) An individual's attorney or guardian ad litem shall have access to the files and records of the court proceedings under this chapter without the individual's consent and without modification of the records in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals, or other actions relating to detention, admission or commitment under this chapter or
ch. 971 or
975.
51.30(3)(c)
(c) The files and records of court proceedings under this chapter may be released to other persons with the informed written consent of the individual, pursuant to lawful order of the court which maintains the records or under
s. 51.20 (13) (cv) 4. or
(16) (gm).
51.30(3)(d)
(d) The department of corrections shall have access to the files and records of court proceedings under this chapter concerning an individual required to register under
s. 301.45. The department of corrections may disclose information that it obtains under this paragraph as provided under
s. 301.46.
51.30(4)
(4) Access to registration and treatment records. 51.30(4)(a)(a) Confidentiality of records. Except as otherwise provided in this chapter and
ss. 118.125 (4),
610.70 (3) and
(5),
905.03 and
905.04, all treatment records shall remain confidential and are privileged to the subject individual. Such records may be released only to the persons designated in this chapter or
ss. 118.125 (4),
610.70 (3) and
(5),
905.03 and
905.04, or to other designated persons with the informed written consent of the subject individual as provided in this section. This restriction applies to elected officials and to members of boards appointed under
s. 51.42 (4) (a) or
51.437 (7) (a).
Effective date note
NOTE: Par. (a) is shown as affected eff. 6-1-99 by two acts of the 1997 legislature and as merged by the revisor under s. 13.93 (2) (c). Prior to 6-1-99 it reads:
Effective date text
(a) Confidentiality of records. Except as otherwise provided in this chapter and ss. 118.125 (4), 905.03 and 905.04, all treatment records shall remain confidential and are privileged to the subject individual. Such records may be released only to the persons designated in this chapter or ss. 118.125 (4), 905.03 and 905.04, or to other designated persons with the informed written consent of the subject individual as provided in this section. This restriction applies to elected officials and to members of boards appointed under s. 51.42 (4) (a) or 51.437 (7) (a).
51.30(4)(b)
(b)
Access without informed written consent. Notwithstanding
par. (a), treatment records of an individual may be released without informed written consent in the following circumstances, except as restricted under
par. (c):
51.30(4)(b)1.
1. To an individual, organization or agency designated by the department or as required by law for the purposes of management audits, financial audits, or program monitoring and evaluation. Information obtained under this paragraph shall remain confidential and shall not be used in any way that discloses the names or other identifying information about the individual whose records are being released. The department shall promulgate rules to assure the confidentiality of such information.
51.30(4)(b)2.
2. To the department, the director of a county department under
s. 51.42 or
51.437, or a qualified staff member designated by the director as is necessary for, and only to be used for, billing or collection purposes. Such information shall remain confidential. The department and county departments shall develop procedures to assure the confidentiality of such information.
51.30(4)(b)3.
3. For purposes of research as permitted in
s. 51.61 (1) (j) and
(4) if the research project has been approved by the department and the researcher has provided assurances that the information will be used only for the purposes for which it was provided to the researcher, the information will not be released to a person not connected with the study under consideration, and the final product of the research will not reveal information that may serve to identify the individual whose treatment records are being released under this subsection without the informed written consent of the individual. Such information shall remain confidential. In approving research projects under this subsection, the department shall impose any additional safeguards needed to prevent unwarranted disclosure of information.
51.30(4)(b)5.
5. To qualified staff members of the department, to the director of the county department under
s. 51.42 or
51.437 which is responsible for serving a subject individual or to qualified staff members designated by the director as is necessary to determine progress and adequacy of treatment, to determine whether the person should be transferred to a less restrictive or more appropriate treatment modality or facility or for the purposes of
s. 51.14. Such information shall remain confidential. The department and county departments under
s. 51.42 or
51.437 shall develop procedures to assure the confidentiality of such information.
51.30(4)(b)6.
6. Within the treatment facility where the subject individual is receiving treatment confidential information may be disclosed to individuals employed, individuals serving in bona fide training programs or individuals participating in supervised volunteer programs, at the facility when and to the extent that performance of their duties requires that they have access to such information.
51.30(4)(b)7.
7. Within the department to the extent necessary to coordinate treatment for mental illness, developmental disabilities, alcoholism or drug abuse of individuals who have been committed to or who are under the supervision of the department. The department shall promulgate rules to assure the confidentiality of such information.
51.30(4)(b)8.
8. To a licensed physician who has determined that the life or health of the individual is in danger and that treatment without the information contained in the treatment records could be injurious to the patient's health. Such disclosure shall be limited to that part of the records necessary to meet the medical emergency.
51.30(4)(b)9.
9. To a facility which is to receive an individual who is involuntarily committed under this chapter,
ch. 48,
971 or
975 upon transfer of the individual from one treatment facility to another. Release of records under this subdivision shall be limited to such treatment records as are required by law, a record or summary of all somatic treatments, and a discharge summary. The discharge summary may include a statement of the patient's problem, the treatment goals, the type of treatment which has been provided, and recommendation for future treatment, but it may not include the patient's complete treatment record. The department shall promulgate rules to implement this subdivision.
51.30(4)(b)10.
10. To a correctional facility or to a probation, extended supervision and parole agent who is responsible for the supervision of an individual who is receiving inpatient or outpatient evaluation or treatment under this chapter in a program that is operated by, or is under contract with, the department or a county department under
s. 51.42 or
51.437, or in a treatment facility, as a condition of the probation, extended supervision and parole supervision plan, or whenever such an individual is transferred from a state or local correctional facility to such a treatment program and is then transferred back to the correctional facility. Every probationer, parolee or person on extended supervision who receives evaluation or treatment under this chapter shall be notified of the provisions of this subdivision by the individual's probation, extended supervision and parole agent. Release of records under this subdivision is limited to:
51.30(4)(b)10.a.
a. The report of an evaluation which is provided pursuant to the written probation, extended supervision and parole supervision plan.
51.30(4)(b)10.b.
b. The discharge summary, including a record or summary of all somatic treatments, at the termination of any treatment which is provided as part of the probation, extended supervision and parole supervision plan.
51.30(4)(b)10.c.
c. When an individual is transferred from a treatment facility back to a correctional facility, the information provided under
subd. 10. d.
51.30(4)(b)10.d.
d. Any information necessary to establish, or to implement changes in, the individual's treatment plan or the level and kind of supervision on probation, extended supervision or parole, as determined by the director of the facility or the treatment director. In cases involving a person transferred back to a correctional facility, disclosure shall be made to clinical staff only. In cases involving a person on probation, extended supervision or parole, disclosure shall be made to a probation, extended supervision and parole agent only. The department shall promulgate rules governing the release of records under this subdivision.
51.30(4)(b)10m.
10m. To the department of justice or a district attorney under
s. 980.015 (3) (b), if the treatment records are maintained by an agency with jurisdiction, as defined in
s. 980.015 (1), that has control or custody over a person who may meet the criteria for commitment as a sexually violent person under
ch. 980.
51.30(4)(b)11.
11. To the subject individual's counsel or guardian ad litem, without modification, at any time in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals or other actions relating to detention, admission, commitment or patients' rights under this chapter or
ch. 48,
971 or
975.
51.30(4)(b)11m.
11m. To the guardian ad litem of the unborn child, as defined in
s. 48.02 (19), of a subject individual, without modification, at any time to prepare for proceedings under
s. 48.133.
51.30(4)(b)12.
12. To a correctional officer of the department of corrections who has custody of or is responsible for the supervision of an individual who is transferred or discharged from a treatment facility. Records released under this subdivision are limited to notice of the subject individual's change in status.
51.30(4)(b)12m.
12m. To any person if the patient was admitted under
s. 971.14,
971.17 or
980.06 or
ch. 975 or transferred under
s. 51.35 (3) or
51.37 and is on unauthorized absence from a treatment facility. Information released under this subdivision is limited to information that would assist in the apprehension of the patient.
51.30(4)(b)13.
13. To the parents, children or spouse of an individual who is or was a patient at an inpatient facility, to a law enforcement officer who is seeking to determine whether an individual is on unauthorized absence from the facility, and to mental health professionals who are providing treatment to the individual at the time that the information is released to others. Information released under this subdivision is limited to notice as to whether or not an individual is a patient at the inpatient facility.
51.30(4)(b)14.
14. To the counsel for the interests of the public in order to prepare for involuntary commitment or recommitment proceedings, reexaminations, appeals or other actions relating to detention, admission or commitment under this chapter or
ch. 48,
971 or
975. Records released under this subdivision are limited to information concerning the admission, detention or commitment of an individual who is presently admitted, detained or committed.
51.30(4)(b)15.
15. To personnel employed by a county department under
s. 46.215,
46.22,
51.42 or
51.437 in any county where the county department has established and submitted to the department a written agreement to coordinate services to individuals receiving services under this chapter. This information shall be released upon request of such county department personnel, and may be utilized only for the purposes of coordinating human services delivery and case management. This information shall remain confidential, and shall continue to be governed by this section. Information may be released under this subdivision only if the subject individual has received services through a county department under
s. 51.42 or
51.437 within 6 months preceding the request for information, and the information is limited to:
51.30(4)(b)15.a.
a. The subject individual's name, address, age, birthdate, sex, client-identifying number and primary disability.
51.30(4)(b)15.b.
b. The type of service rendered or requested to be provided to the subject individual, and the dates of such service or request.
51.30(4)(b)16.
16. If authorized by the secretary or his or her designee, to a law enforcement agency upon request if the individual was admitted under
ch. 971 or
975 or transferred under
s. 51.35 (3) or
51.37. Information released under this subdivision is limited to the individual's name and other identifying information, including photographs and fingerprints, the branch of the court that committed the individual, the crime that the individual is charged with, found not guilty of by reason of mental disease or defect or convicted of, whether or not the individual is or has been authorized to leave the grounds of the institution and information as to the individual's whereabouts during any time period. In this subdivision "law enforcement agency" has the meaning provided in
s. 165.83 (1) (b).
51.30(4)(b)17.
17. To the county agency designated under
s. 46.90 (2) or other investigating agency under
s. 46.90 for the purposes of
s. 46.90 (4) (a) and
(5), to the county department, as defined in
s. 48.02 (2g), or the sheriff or police department for the purposes of
s. 48.981 (2) and
(3) or to the county protective services agency designated under
s. 55.02 for purposes of
s. 55.043. The treatment record holder may release treatment record information by initiating contact with the county protective services agency or county department, as defined in
s. 48.02 (2g), without first receiving a request for release of the treatment record from the county protective services agency or county department.
51.30(4)(b)18.a.a. In this subdivision, "abuse" has the meaning given in
s. 51.62 (1) (ag); "neglect" has the meaning given in
s. 51.62 (1) (br); and "parent" has the meaning given in
s. 48.02 (13), except that "parent" does not include the parent of a minor whose custody is transferred to a legal custodian, as defined in
s. 48.02 (11), or for whom a guardian is appointed under
s. 880.33.
51.30(4)(b)18.b.
b. Except as provided in
subd. 18. c. and
d., to staff members of the protection and advocacy agency designated under
s. 51.62 (2) or to staff members of the private, nonprofit corporation with which the agency has contracted under
s. 51.62 (3) (a) 3., if any, for the purpose of protecting and advocating the rights of persons with developmental disabilities, as defined under
s. 51.62 (1) (am), or mental illness, as defined under
s. 51.62 (1) (bm).
51.30(4)(b)18.c.
c. If the patient, regardless of age, has a guardian appointed under
s. 880.33, or if the patient is a minor with developmental disability who has a parent or has a guardian appointed under
s. 48.831 and does not have a guardian appointed under
s. 880.33, information concerning the patient that is obtainable by staff members of the agency or nonprofit corporation with which the agency has contracted is limited, except as provided in
subd. 18. e., to the nature of an alleged rights violation, if any; the name, birth date and county of residence of the patient; information regarding whether the patient was voluntarily admitted, involuntarily committed or protectively placed and the date and place of admission, placement or commitment; and the name, address and telephone number of the guardian of the patient and the date and place of the guardian's appointment or, if the patient is a minor with developmental disability who has a parent or has a guardian appointed under
s. 48.831 and does not have a guardian appointed under
s. 880.33, the name, address and telephone number of the parent or guardian appointed under
s. 48.831 of the patient.
51.30(4)(b)18.d.
d. Except as provided in
subd. 18. e., any staff member who wishes to obtain additional information about a patient described in
subd. 18. c. shall notify the patient's guardian or, if applicable, parent in writing of the request and of the guardian's or parent's right to object. The staff member shall send the notice by mail to the guardian's or, if applicable, parent's address. If the guardian or parent does not object in writing within 15 days after the notice is mailed, the staff member may obtain the additional information. If the guardian or parent objects in writing within 15 days after the notice is mailed, the staff member may not obtain the additional information.
51.30(4)(b)18.e.
e. The restrictions on information that is obtainable by staff members of the protection and advocacy agency or private, nonprofit corporation that are specified in
subd. 18. c. and
d. do not apply if the custodian of the record fails to promptly provide the name and address of the parent or guardian; if a complaint is received by the agency or nonprofit corporation about a patient, or if the agency or nonprofit corporation determines that there is probable cause to believe that the health or safety of the patient is in serious and immediate jeopardy, the agency or nonprofit corporation has made a good-faith effort to contact the parent or guardian upon receiving the name and address of the parent or guardian, the agency or nonprofit corporation has either been unable to contact the parent or guardian or has offered assistance to the parent or guardian to resolve the situation and the parent or guardian has failed or refused to act on behalf of the patient; if a complaint is received by the agency or nonprofit corporation about a patient or there is otherwise probable cause to believe that the patient has been subject to abuse or neglect by a parent or guardian; or if the patient is a minor whose custody has been transferred to a legal custodian, as defined in
s. 48.02 (11) or for whom a guardian that is an agency of the state or a county has been appointed.
51.30(4)(b)19.
19. To state and local law enforcement agencies for the purpose of reporting an apparent crime committed on the premises of an inpatient treatment facility or nursing home, if the facility or home has treatment records subject to this section, or observed by staff or agents of any such facility or nursing home. Information released under this subdivision is limited to identifying information that may be released under
subd. 16. and information related to the apparent crime.
51.30(4)(b)20.
20. Except with respect to the treatment records of a subject individual who is receiving or has received services for alcoholism or drug dependence, to the spouse, parent, adult child or sibling of a subject individual, if the spouse, parent, adult child or sibling is directly involved in providing care to or monitoring the treatment of the subject individual and if the involvement is verified by the subject individual's physician, psychologist or by a person other than the spouse, parent, adult child or sibling who is responsible for providing treatment to the subject individual, in order to assist in the provision of care or monitoring of treatment. Except in an emergency as determined by the person verifying the involvement of the spouse, parent, adult child or sibling, the request for treatment records under this subdivision shall be in writing, by the requester. Unless the subject individual has been adjudged incompetent under
ch. 880, the person verifying the involvement of the spouse, parent, adult child or sibling shall notify the subject individual about the release of his or her treatment records under this subdivision. Treatment records released under this subdivision are limited to the following:
51.30(4)(b)20.a.
a. A summary of the subject individual's diagnosis and prognosis.
51.30(4)(b)20.b.
b. A listing of the medication which the subject individual has received and is receiving.
51.30(4)(b)23.
23. To the department under
s. 51.03 (2) or to a sheriff, police department or district attorney for purposes of investigation of a death reported under
s. 51.64 (2) (a).
