51.032(1m)
(1m) If an individual who applies for a certification or approval under
sub. (1) does not have a social security number, the individual, as a condition of obtaining the certification or approval, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A certification or approval issued in reliance upon a false statement submitted under this subsection is invalid.
51.032(2)
(2) The department may not disclose any information received under
sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under
s. 73.0301.
51.032(3)
(3) Except as provided in
sub. (1m), the department shall deny an application for the issuance of a certification or approval specified in
sub. (1) if the applicant does not provide the information specified in
sub. (1).
51.032(4)
(4) The department shall deny an application for the issuance of a certification or approval specified in
sub. (1) or shall revoke a certification or approval specified in
sub. (1) if the department of revenue certifies under
s. 73.0301 that the applicant for or holder of a certification or approval is liable for delinquent taxes.
51.032 History
History: 1997 a. 237;
1999 a. 9.
51.038
51.038
Outpatient mental health clinic certification. Except as provided in
s. 51.032, if a facility that provides mental health services on an outpatient basis holds current accreditation from the council on accreditation of services for families and children, the department may accept evidence of this accreditation as equivalent to the standards established by the department, for the purpose of certifying the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under
s. 49.46 (2) (b) 6. f., a community aids funding recipient under
s. 51.423 (2) or as mandated coverage under
s. 632.89.
51.038 History
History: 1987 a. 27;
1997 a. 237.
51.04
51.04
Treatment facility certification. Except as provided in
s. 51.032, any treatment facility may apply to the department for certification of the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under
s. 49.46 (2) (b) 6. f. or to a community aids funding recipient under
s. 51.423 (2) or provided as mandated coverage under
s. 632.89. The department shall annually charge a fee for each certification.
51.04 History
History: 1975 c. 224; Stats. 1975 s. 51.44;
1975 c. 430 s.
53m; Stats. 1975 s. 51.04;
1983 a. 27;
1985 a. 29,
176;
1995 a. 27;
1997 a. 237.
51.05
51.05
Mental health institutes. 51.05(1)
(1)
Designation. The mental health institute located at Mendota is known as the "Mendota Mental Health Institute" and the mental health institute located at Winnebago is known as the "Winnebago Mental Health Institute". Goodland Hall West, a facility located at Mendota Mental Health Institute, is designated as the "Maximum Security Facility at Mendota Mental Health Institute". The department shall divide the state by counties into 2 districts, and may change the boundaries of these districts, arranging them with reference to the number of patients residing in them at a given time, the capacity of the institutes and the convenience of access to them.
51.05(2)
(2) Admissions authorized by counties. The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under
s. 51.42 in the county where the person has legal residency authorizes the care, as provided in
s. 51.42 (3) (as). Patients who are committed to the department under s.
975.01, 1977 stats., or s.
975.02, 1977 stats., or
s. 971.14,
971.17,
975.06 or
980.06, admitted by the department under s.
975.17, 1977 stats., or are transferred from a secured correctional facility, a secured child caring institution or a secured group home to a state treatment facility under
s. 51.35 (3) or from a jail or prison to a state treatment facility under
s. 51.37 (5) are not subject to this section.
51.05(3)
(3) Admissions authorized by department. Any person who is without a county responsible for his or her care and any person entering this state through the compact established under
s. 51.75 may be accepted by the department and temporarily admitted to an institute. Such person shall be transferred to the county department under
s. 51.42 for the community where the best interests of the person can best be served, as soon as practicable.
51.05(3g)
(3g) Expense reduction. The department shall annually reduce by $500,000 the amount by which accumulated expenses of providing care to patients of the mental health institutes exceed the accumulated revenues from providing that care, until the accumulated revenues of the mental health institutes are in balance with the accumulated expenses of the mental health institutes.
51.05(3m)
(3m) Revenues and expenditures; reports. Notwithstanding
s. 20.903 (1), the department shall implement a plan that is approved by the department of administration to assure that there are sufficient revenues, as projected by the department of health and family services, to cover anticipated expenditures under the appropriation under
s. 20.435 (2) (gk) for the purpose of reimbursing the provision of care to patients of the Mendota Mental Health Institute or the Winnebago Mental Health Institute and to ensure that the department complies with
sub. (3g). The department of health and family services shall make reports to the department of administration every 3 months, beginning on October 1, 1993, concerning the implementation of this plan. The department of health and family services shall make reports to the joint committee on finance by December 31 of each year that identify the change, during the preceding fiscal year, in the amount by which the accumulated expenses of providing care to patients of the mental health institutes exceed the accumulated revenues from providing that care; describe the actions taken by the department during the preceding fiscal year to reduce that amount; and describe the actions that the department is taking during the current year to reduce that amount.
51.05(4)
(4) Transfers and discharges. The transfer or discharge of any person who is placed in a mental health institute shall be made subject to
s. 51.35.
51.05(5)
(5) School activities. If an individual over the age of 2 and under the age of 22 and eligible for special education and related services under
subch. V of ch. 115 is committed, admitted or transferred to or is a resident of the Mendota Mental Health Institute or Winnebago Mental Health Institute, the individual shall attend a school program operated by the applicable mental health institute or a school outside the applicable mental health institute which is approved by the department of public instruction. A school program operated by the Mendota Mental Health Institute or Winnebago Mental Health Institute shall be under the supervision of the department of public instruction and shall meet standards prescribed by that agency.
51.05(6)
(6) Hearing-impaired individuals. The department shall provide mental health services appropriate for hearing-impaired individuals who are residents of or are committed, admitted or transferred to a mental health institute.
51.06
51.06
Centers for the developmentally disabled. 51.06(1)(1)
Purpose. The purpose of the northern center for developmentally disabled, central center for developmentally disabled and southern center for developmentally disabled is to provide services needed by developmentally disabled citizens of this state which are otherwise unavailable to them, and to return such persons to the community when their needs can be met at the local level. Services to be provided by the department at such centers shall include:
51.06(1)(a)
(a) Education within the requirements of
sub. (2), training, habilitative and rehabilitative services to those persons placed in its custody.
51.06(1)(b)
(b) Development-evaluation services to citizens through county departments under
ss. 51.42 and
51.437.
51.06(1)(c)
(c) Assistance to such community boards in meeting the needs of developmentally disabled citizens.
51.06(1)(d)
(d) Services for up to 36 individuals with developmental disability who are also diagnosed as mentally ill or who exhibit extremely aggressive and challenging behaviors.
51.06(2)
(2) School activities. If an individual over the age of 2 years and under the age of 22 years and eligible for special education and related services under
subch. V of ch. 115 is admitted to, is placed in or is a resident of a center, the individual shall attend a school program operated by the center or a school outside the center which is approved by the department of public instruction. A school program operated by the center shall be under the supervision of the department of public instruction and shall meet standards prescribed by that agency.
51.06(3)
(3) Admission. Individuals under the age of 22 years shall be placed only at the central center for the developmentally disabled unless the department authorizes the placement of the individual at the northern or southern center for the developmentally disabled.
51.06(4)
(4) Transfer or discharge. The transfer or discharge of any person who is placed in a center for the developmentally disabled shall be made subject to
s. 51.35.
51.07
51.07
Outpatient services. 51.07(1)(1) The department may establish a system of outpatient clinic services in any institution operated by the department.
51.07(2)
(2) It is the purpose of this section to:
51.07(2)(a)
(a) Provide outpatient diagnostic and treatment services for patients and their families.
51.07(2)(b)
(b) Offer precommitment and preadmission evaluations and studies.
51.07(3)
(3) The department may provide outpatient services only to patients contracted for with county departments under
ss. 51.42 and
51.437 in accordance with
s. 46.03 (18), except for those patients whom the department finds to be nonresidents of this state and persons receiving services under contracts under
s. 46.043. The full and actual cost less applicable collections of services contracted for with county departments under
s. 51.42 or
51.437 shall be charged to the respective county department under
s. 51.42 or
51.437. The state shall provide the services required for patient care only if no outpatient services are funded by the department in the county or group of counties served by the respective county department under
s. 51.42 or
51.437.
51.08
51.08
Milwaukee County Mental Health Complex. Any county having a population of 500,000 or more may, pursuant to
s. 46.17, establish and maintain a county mental health complex. The county mental health complex shall be a hospital devoted to the detention and care of drug addicts, alcoholics, chronic patients and mentally ill persons whose mental illness is acute. Such hospital shall be governed pursuant to
s. 46.21. Treatment of alcoholics at the county mental health complex is subject to approval by the department under
s. 51.45 (8). The county mental health complex established pursuant to this section is subject to rules promulgated by the department concerning hospital standards.
51.09
51.09
County hospitals. Any county having a population of less than 500,000 may establish a hospital or facilities for the detention and care of mentally ill persons, alcoholics and drug addicts; and in connection therewith a hospital or facility for the care of cases afflicted with pulmonary tuberculosis. County hospitals established pursuant to this section are subject to rules promulgated by the department concerning hospital standards, including standards for alcoholic treatment facilities under
s. 51.45 (8).
51.09 History
History: 1971 c. 211;
1973 c. 198;
1975 c. 430 s.
16; Stats. 1975 s. 51.09;
1985 a. 332 s.
251 (1).
51.10
51.10
Voluntary admission of adults. 51.10(1)
(1) With the approval of the treatment director of the treatment facility or the director's designee, or in the case of a center for the developmentally disabled, the director of the center or the director's designee, and the approval of the director of the appropriate county department under
s. 51.42 or
51.437, an adult desiring admission to an approved inpatient treatment facility may be admitted upon application. This subsection applies only to admissions made through a county department under
s. 51.42 or
51.437 or through the department.
51.10(2)
(2) With the approval of the director of the treatment facility or the director's designee and the director of the appropriate county department under
s. 51.42 or
51.437, an adult may be voluntarily admitted to a state inpatient treatment facility.
51.10(3)
(3) Voluntary admission of adult alcoholics shall be in accordance with
s. 51.45 (10).
51.10(4)
(4) The criteria for voluntary admission to an inpatient treatment facility shall be based on an evaluation that the applicant is mentally ill or developmentally disabled, or is an alcoholic or drug dependent and that the person has the potential to benefit from inpatient care, treatment or therapy. An applicant is not required to meet a standard of dangerousness under
s. 51.20 (1) (a) 2. to be eligible for the benefits of voluntary treatment programs. An applicant may be admitted for the purpose of making a diagnostic evaluation.
51.10(4m)(a)(a) An adult who meets the criteria for voluntary admission under
sub. (4) and whose admission is approved under
sub. (1) or
(2) may also be admitted to an inpatient treatment facility if:
51.10(4m)(a)1.
1. A physician of the facility submits a signed request and certifies in writing, before not less than 2 witnesses, that the physician has advised the patient in the presence of the witnesses both orally and in writing of the person's rights under
sub. (5) and of the benefits and risks of treatment, the patient's right to the least restrictive form of treatment appropriate to the patient's needs and the responsibility of the facility to provide the patient with this treatment; or
51.10(4m)(b)
(b) Any person admitted under
par. (a) 1. who fails to indicate a desire to leave the facility but who refuses or is unable to sign an application for admission is presumed to consent to admission and may be held for up to 7 days as a voluntary patient.
51.10(4m)(c)
(c) On the first court day following admission under
par. (a) 1., the facility shall notify the court assigned to exercise probate jurisdiction for the county in which the facility is located of the admission. Within 24 hours after receiving this notice, excluding Saturdays, Sundays and holidays, the court shall appoint a guardian ad litem to visit the facility and to determine if there has been compliance with this subsection. The guardian ad litem shall visit the patient within 48 hours, excluding Saturdays, Sundays and holidays, to ascertain whether the patient wishes a less restrictive form of treatment and, if so, shall assist the patient in obtaining the proper assistance from the facility. The guardian ad litem shall inform the patient of all rights to which the patient is entitled under this chapter.
51.10(4m)(d)
(d) If a patient admitted under
par. (a) 1. has not signed a voluntary admission application within 7 days after admission, the patient, the guardian ad litem and the physician who signed the admission request shall appear before the judge or court commissioner of the court assigned to exercise probate jurisdiction for the county in which the facility is located to determine whether the patient shall remain in the facility as a voluntary patient. If the judge or court commissioner determines that the patient desires to leave the facility, the facility shall discharge the patient. If the facility has reason to believe the patient is eligible for commitment under
s. 51.20, the facility may initiate procedures for involuntary commitment.
51.10(5)(a)(a) At the time of admission to an inpatient facility the individual being admitted shall be informed orally and in writing of his or her right to leave upon submission of a written request to the staff of the facility except when the director or such person's designee files a statement of emergency detention under
s. 51.15 with the court by the end of the next day in which the court transacts business.
51.10(5)(b)
(b) Writing materials for use in requesting discharge shall be available at all times to any voluntarily admitted individual, and shall be given to the individual upon request. A copy of the patient's and resident's rights shall be given to the individual at the time of admission.
51.10(5)(c)
(c) Any patient or resident voluntarily admitted to an inpatient treatment facility shall be discharged on request, unless the treatment director or the treatment director's designee has reason to believe that the patient or resident is dangerous in accordance with a standard under
s. 51.20 (1) (a) 2. or
(am) and files a statement of emergency detention under
s. 51.15 with the court by the end of the next day in which the court transacts business. The patient or resident shall be notified immediately when such a statement is to be filed. Prior to the filing of a statement, the patient or resident may be detained only long enough for the staff of the facility to evaluate the individual's condition and to file the statement of emergency detention. This time period may not exceed the end of the next day in which the court transacts business. Once a statement is filed, a patient or resident may be detained as provided in
s. 51.15 (1). The probable cause hearing required under
s. 51.20 (7) shall be held within 72 hours after the request for discharge, excluding Saturdays, Sundays and legal holidays.
51.10(6)
(6) A person against whom a petition for involuntary commitment has been filed under
s. 51.15 or
51.20 may agree to be admitted to an inpatient treatment facility under this section. The court may permit the person to become a voluntary patient or resident pursuant to this section upon signing an application for voluntary admission, if the director of the appropriate county department under
s. 51.42 or
51.437 and the director of the facility to which the person will be admitted approve of the voluntary admission within 30 days of the admission. Except as provided in
s. 51.20 (8) (bg) or
(bm), the court shall dismiss the proceedings under
s. 51.20 30 days after the person's admission if the person is still a voluntary patient or resident or upon the discharge of the person by the treatment director of the facility or his or her designee, if that occurs first. For any person who is a voluntary patient or resident under this subsection, actions required under
s. 51.35 (5) shall be initiated within 14 days of admission.
51.10(7)
(7) The treatment director of a facility may temporarily admit an individual to an inpatient facility when there is reason to question the competency of such individual. The treatment director shall then apply to the court for appointment of a guardian within 48 hours of the time of admission, exclusive of Saturdays, Sundays and legal holidays. The individual may remain at the facility pending appointment of a guardian.
51.10(8)
(8) An adult for whom a guardian of the person has been appointed under
ch. 880 because of the subject's incompetency may be voluntarily admitted to an inpatient treatment facility under this section only if the guardian and the ward consent to such admission.
51.10(9)
(9) Upon admission to an inpatient facility, the facility shall offer the patient orally and in writing the opportunity to execute an informed consent form under
s. 51.30 (2), requiring the facility to notify the patient's parent, child or spouse or any other adult of the patient's release. If the patient signs the consent form, the facility shall notify the person specified in the form as soon as possible after the patient requests release.
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.
