51.13 Annotation
Due process rights of a minor child whose parents or guardians seek admission of the child are discussed. Parham v. J. R.,
442 U.S. 584 (1979). See also Secretary of Public Welfare v. Institutionalized Juveniles,
442 U.S. 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
chs. 48 and
938 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.
51.14(4)(g)4.
4. The treatment is in the best interests of the minor.
51.14(5)
(5) Appeal. Any person who is aggrieved by a determination or order under
sub. (4) and who is directly affected by the determination or order may appeal to the court of appeals under
s. 809.40.
51.14(6)
(6) Finding or order not a finding of mental illness. A finding or order under this section does not constitute a finding of mental illness.
51.14 Note
NOTE: 1987 Wis. Act 367, that created this section, contains a prefatory note and an explanatory note following the section.
51.15
51.15
Emergency detention. 51.15(1)(a)(a) A law enforcement officer or other person authorized to take a child into custody under
ch. 48 or to take a juvenile into custody under
ch. 938 may take an individual into custody if the officer or person has cause to believe that the individual is mentally ill, is drug dependent, or is developmentally disabled, and that the individual evidences any of the following:
51.15(1)(a)1.
1. A substantial probability of physical harm to himself or herself as manifested by evidence of recent threats of or attempts at suicide or serious bodily harm.
51.15(1)(a)2.
2. A substantial probability of physical harm to other persons as manifested by evidence of recent homicidal or other violent behavior on his or her part, or by evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them, as evidenced by a recent overt act, attempt or threat to do serious physical harm on his or her part.
51.15(1)(a)3.
3. A substantial probability of physical impairment or injury to himself or herself due to impaired judgment, as manifested by evidence of a recent act or omission. The probability of physical impairment or injury is not substantial under this subdivision if reasonable provision for the individual's protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services or, in the case of a minor, if the individual is appropriate for services or placement under
s. 48.13 (4) or
(11) or
938.13 (4). Food, shelter or other care provided to an individual who is substantially incapable of obtaining the care for himself or herself, by any person other than a treatment facility, does not constitute reasonable provision for the individual's protection available in the community under this subdivision.
51.15(1)(a)4.
4. Behavior manifested by a recent act or omission that, due to mental illness or drug dependency, he or she is unable to satisfy basic needs for nourishment, medical care, shelter or safety without prompt and adequate treatment so that a substantial probability exists that death, serious physical injury, serious physical debilitation or serious physical disease will imminently ensue unless the individual receives prompt and adequate treatment for this mental illness or drug dependency. No substantial probability of harm under this subdivision exists if reasonable provision for the individual's treatment and protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services, if the individual can receive protective placement under
s. 55.06 or, in the case of a minor, if the individual is appropriate for services or placement under
s. 48.13 (4) or
(11) or
938.13 (4). The individual's status as a minor does not automatically establish a substantial probability of death, serious physical injury, serious physical debilitation or serious disease under this subdivision. Food, shelter or other care provided to an individual who is substantially incapable of providing the care for himself or herself, by any person other than a treatment facility, does not constitute reasonable provision for the individual's treatment or protection available in the community under this subdivision.
51.15(1)(b)
(b) The officer's or other person's belief shall be based on any of the following:
51.15(1)(b)1.
1. A specific recent overt act or attempt or threat to act or omission by the individual which is observed by the officer or person.
51.15(1)(b)2.
2. A specific recent overt act or attempt or threat to act or omission by the individual which is reliably reported to the officer or person by any other person, including any probation, extended supervision and parole agent authorized by the department of corrections to exercise control and supervision over a probationer, parolee or person on extended supervision.
51.15(2)
(2) Facilities for detention. The law enforcement officer or other person authorized to take a child into custody under
ch. 48 or to take a juvenile into custody under
ch. 938 shall transport the individual, or cause him or her to be transported, for detention and for evaluation, diagnosis and treatment if permitted under
sub. (8) to any of the following facilities:
51.15(2)(a)
(a) A hospital which is approved by the department as a detention facility or under contract with a county department under
s. 51.42 or
51.437, or an approved public treatment facility;
51.15(2)(b)
(b) A center for the developmentally disabled;
51.15(2)(d)
(d) An approved private treatment facility, if the facility agrees to detain the individual.
51.15(3)
(3) Custody. Upon arrival at the facility, the individual is deemed to be in the custody of the facility.
51.15(4)
(4) Detention procedure; Milwaukee County. 51.15(4)(a)(a) In counties having a population of 500,000 or more, the law enforcement officer or other person authorized to take a child into custody under
ch. 48 or to take a juvenile into custody under
ch. 938 shall sign a statement of emergency detention which shall provide detailed specific information concerning the recent overt act, attempt, or threat to act or omission on which the belief under
sub. (1) is based and the names of the persons observing or reporting the recent overt act, attempt, or threat to act or omission. The law enforcement officer or other person is not required to designate in the statement whether the subject individual is mentally ill, developmentally disabled, or drug dependent, but shall allege that he or she has cause to believe that the individual evidences one or more of these conditions. The law enforcement officer or other person shall deliver, or cause to be delivered, the statement to the detention facility upon the delivery of the individual to it.
51.15(4)(b)
(b) Upon delivery of the individual, the treatment director of the facility, or his or her designee, shall determine within 24 hours whether the individual shall be detained, or shall be detained, evaluated, diagnosed and treated, if evaluation, diagnosis and treatment are permitted under
sub. (8), and shall either release the individual or detain him or her for a period not to exceed 72 hours after delivery of the individual, exclusive of Saturdays, Sundays and legal holidays. If the treatment director, or his or her designee, determines that the individual is not eligible for commitment under
s. 51.20 (1) (a), the treatment director shall release the individual immediately, unless otherwise authorized by law. If the individual is detained, the treatment director or his or her designee may supplement in writing the statement filed by the law enforcement officer or other person, and shall designate whether the subject individual is believed to be mentally ill, developmentally disabled or drug dependent, if no designation was made by the law enforcement officer or other person. The director or designee may also include other specific information concerning his or her belief that the individual meets the standard for commitment. The treatment director or designee shall then promptly file the original statement together with any supplemental statement and notification of detention with the court having probate jurisdiction in the county in which the individual was taken into custody. The filing of the statement and notification has the same effect as a petition for commitment under
s. 51.20.
51.15(5)
(5) Detention procedure; other counties. In counties having a population of less than 500,000, the law enforcement officer or other person authorized to take a child into custody under
ch. 48 or to take a juvenile into custody under
ch. 938 shall sign a statement of emergency detention that shall provide detailed specific information concerning the recent overt act, attempt, or threat to act or omission on which the belief under
sub. (1) is based and the names of persons observing or reporting the recent overt act, attempt, or threat to act or omission. The law enforcement officer or other person is not required to designate in the statement whether the subject individual is mentally ill, developmentally disabled, or drug dependent, but shall allege that he or she has cause to believe that the individual evidences one or more of these conditions. The statement of emergency detention shall be filed by the officer or other person with the detention facility at the time of admission, and with the court immediately thereafter. The filing of the statement has the same effect as a petition for commitment under
s. 51.20. When, upon the advice of the treatment staff, the director of a facility specified in
sub. (2) determines that the grounds for detention no longer exist, he or she shall discharge the individual detained under this section. Unless a hearing is held under
s. 51.20 (7) or
55.06 (11) (b), the subject individual may not be detained by the law enforcement officer or other person and the facility for more than a total of 72 hours, exclusive of Saturdays, Sundays, and legal holidays.
51.15(6)
(6) Release. If the individual is released, the treatment director or his or her designee, upon the individual's request, shall arrange for the individual's transportation to the locality where he or she was taken into custody.
51.15(7)
(7) Intercounty agreements. Counties may enter into contracts whereby one county agrees to conduct commitment hearings for individuals who are detained in that county but who are taken into custody under this section in another county. Such contracts shall include provisions for reimbursement to the county of detention for all reasonable direct and auxiliary costs of commitment proceedings conducted under this section and
s. 51.20 by the county of detention concerning individuals taken into custody in the other county and shall include provisions to cover the cost of any voluntary or involuntary services provided under this chapter to the subject individual as a result of proceedings or conditional suspension of proceedings resulting from the notification of detention. Where there is such a contract binding the county where the individual is taken into custody and the county where the individual is detained, the statements of detention specified in
subs. (4) and
(5) and the notification specified in
sub. (4) shall be filed with the court having probate jurisdiction in the county of detention, unless the subject individual requests that the proceedings be held in the county in which the individual is taken into custody.
51.15(8)
(8) Evaluation, diagnosis and treatment. When an individual is detained under this section, the director and staff of the treatment facility may evaluate, diagnose and treat the individual during detention, if the individual consents. The individual has a right to refuse medication and treatment as provided in
s. 51.61 (1) (g) and
(h). The individual shall be advised of that right by the director of the facility or his or her designee, and a report of any evaluation and diagnosis and of all treatment provided shall be filed by that person with the court.
51.15(9)
(9) Notice of rights. At the time of detention the individual shall be informed by the director of the facility or such person's designee, both orally and in writing, of his or her right to contact an attorney and a member of his or her immediate family, the right to have an attorney provided at public expense, as provided under
s. 967.06 and
ch. 977, if the individual is a child or is indigent, the right to remain silent and that the individual's statements may be used as a basis for commitment. The individual shall also be provided with a copy of the statement of emergency detention.
51.15(10)
(10) Voluntary patients. If an individual has been admitted to an approved treatment facility under
s. 51.10 or
51.13, or has been otherwise admitted to such facility, the treatment director or his or her designee, if conditions exist for taking the individual into custody under
sub. (1), may sign a statement of emergency detention and may detain, or detain, evaluate, diagnose and treat the individual as provided in this section. In such case, the treatment director shall undertake all responsibilities that are required of a law enforcement officer under this section. The treatment director shall promptly file the statement with the court having probate jurisdiction in the county of detention as provided in this section.
51.15(11)
(11) Liability. Any individual who acts in accordance with this section, including making a determination that an individual has or does not have mental illness or evidences or does not evidence a substantial probability of harm under
sub. (1) (a) 1.,
2.,
3. or
4., is not liable for any actions taken in good faith. The good faith of the actor shall be presumed in any civil action. Whoever asserts that the individual who acts in accordance with this section has not acted in good faith has the burden of proving that assertion by evidence that is clear, satisfactory and convincing.
51.15(11g)
(11g) Other liability. Subsection (11) applies to a director of a facility, as specified in
sub. (2), or his or her designee, who under a court order evaluates, diagnoses or treats an individual who is confined in a jail, if the individual consents to the evaluation, diagnosis or treatment.
51.15(11m)
(11m) Training. Law enforcement agencies shall designate at least one officer authorized to take an individual into custody under this section who shall attend the in-service training on emergency detention and emergency protective placement procedures offered by a county department of community programs under
s. 51.42 (3) (ar) 4. d., if the county department of community programs serving the law enforcement agency's jurisdiction offers an in-service training program.
51.15(12)
(12) Penalty. Whoever signs a statement under
sub. (4),
(5) or
(10) knowing the information contained therein to be false is guilty of a Class H felony.
Effective date note
NOTE: Sub. (12) is shown as amended eff. 2-1-03 by
2001 Wis. Act 109. Prior to 2-1-03 it reads:
Effective date text
(12) Penalty. Whoever signs a statement under sub. (4), (5) or (10) knowing the information contained therein to be false may be fined not more than $5,000 or imprisoned for not more than 7 years and 6 months or both.
51.15 History
History: 1975 c. 430;
1977 c. 29,
428;
1979 c. 175,
300,
336,
355;
1985 a. 176;
1987 a. 366,
394;
1989 a. 56 s.
259;
1993 a. 451;
1995 a. 77,
175,
292;
1997 a. 35,
283;
2001 a. 16 ss.
1966d to
1966h,
4034zb to
4034zd,
4041d to
4041g; 2001 a 109.
51.15 Annotation
A mental health worker did not have immunity under sub. (11) for actions regarding a person already in custody and not taken into custody under an emergency detention. Kell v. Raemisch,
190 Wis. 2d 754,
528 N.W.2d 13 (Ct. App. 1994).
51.15 Annotation
The time limits established by this section are triggered when a person taken into custody under this section is transported to any of the facilities designated by sub. (2), irrespective of whether the facility is one specifically chosen by the county for the receipt of persons taken into custody under this section. Milwaukee County v. Delores M.
217 Wis. 2d 69,
577 N.W.2d 371 (Ct. App. 1998).
51.15 Annotation
The community caretaker exception that allows police officers to make a warrantless entry into a home when engaging in an activity that is unrelated to criminal activity and is for the public good applies to police activity undertaken pursuant to this section. State v. Horngren, 2000 WI App 177,
238 Wis. 2d 347,
617 N.W.2d 508.
51.15 Annotation
It is inadvisable to treat individuals transported across state lines for emergency medical care differently than other individuals when determining whether emergency detention proceedings should be initiated pursuant to this section.
78 Atty. Gen. 59.
51.15 Annotation
While sub. (7) does not authorize contractual agreements with counties outside of Wisconsin, ss. 51.75 (11), 51.87 (3), and 66.30 (5) [now 66.0303] each contain legal mechanisms through which financial or other responsibility for care and treatment of individuals from such counties may be shared under certain specified circumstances.
78 Atty. Gen. 59.
51.15 Annotation
A law enforcement officer who places an individual under emergency detention is obligated to transport the individual to one of the four categories of facilities listed under sub. (2) until custody of the individual is transferred to the facility.
81 Atty. Gen. 110.
51.20
51.20
Involuntary commitment for treatment. 51.20(1)(a)(a) Except as provided in
pars. (ab),
(am),
(ar) and
(av), every written petition for examination shall allege that all of the following apply to the subject individual to be examined:
51.20(1)(a)1.
1. The individual is mentally ill or, except as provided under
subd. 2. e., drug dependent or developmentally disabled and is a proper subject for treatment.
51.20(1)(a)2.
2. The individual is dangerous because he or she does any of the following:
51.20(1)(a)2.a.
a. Evidences a substantial probability of physical harm to himself or herself as manifested by evidence of recent threats of or attempts at suicide or serious bodily harm.
51.20(1)(a)2.b.
b. Evidences a substantial probability of physical harm to other individuals as manifested by evidence of recent homicidal or other violent behavior, or by evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them, as evidenced by a recent overt act, attempt or threat to do serious physical harm. In this
subd. 2. b., if the petition is filed under a court order under
s. 938.30 (5) (c) 1. or
(d) 1., a finding by the court exercising jurisdiction under
chs. 48 and
938 that the juvenile committed the act or acts alleged in the petition under
s. 938.12 or
938.13 (12) may be used to prove that the juvenile exhibited recent homicidal or other violent behavior or committed a recent overt act, attempt or threat to do serious physical harm.
51.20(1)(a)2.c.
c. Evidences such impaired judgment, manifested by evidence of a pattern of recent acts or omissions, that there is a substantial probability of physical impairment or injury to himself or herself. The probability of physical impairment or injury is not substantial under this
subd. 2. c. if reasonable provision for the subject individual's protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services, if the individual is appropriate for protective placement under
s. 55.06 or, in the case of a minor, if the individual is appropriate for services or placement under
s. 48.13 (4) or
(11) or
938.13 (4). The subject individual's status as a minor does not automatically establish a substantial probability of physical impairment or injury under this
subd. 2. c. Food, shelter or other care provided to an individual who is substantially incapable of obtaining the care for himself or herself, by a person other than a treatment facility, does not constitute reasonable provision for the subject individual's protection available in the community under this
subd. 2. c.
51.20(1)(a)2.d.
d. Evidences behavior manifested by recent acts or omissions that, due to mental illness, he or she is unable to satisfy basic needs for nourishment, medical care, shelter or safety without prompt and adequate treatment so that a substantial probability exists that death, serious physical injury, serious physical debilitation or serious physical disease will imminently ensue unless the individual receives prompt and adequate treatment for this mental illness. No substantial probability of harm under this
subd. 2. d. exists if reasonable provision for the individual's treatment and protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services, if the individual is appropriate for protective placement under
s. 55.06 or, in the case of a minor, if the individual is appropriate for services or placement under
s. 48.13 (4) or
(11) or
938.13 (4). The individual's status as a minor does not automatically establish a substantial probability of death, serious physical injury, serious physical debilitation or serious disease under this
subd. 2. d. Food, shelter or other care provided to an individual who is substantially incapable of obtaining the care for himself or herself, by any person other than a treatment facility, does not constitute reasonable provision for the individual's treatment or protection available in the community under this
subd. 2. d.
51.20(1)(a)2.e.
e. For an individual, other than an individual who is alleged to be drug dependent or developmentally disabled, after the advantages and disadvantages of and alternatives to accepting a particular medication or treatment have been explained to him or her and because of mental illness, evidences either incapability of expressing an understanding of the advantages and disadvantages of accepting medication or treatment and the alternatives, or substantial incapability of applying an understanding of the advantages, disadvantages, and alternatives to his or her mental illness in order to make an informed choice as to whether to accept or refuse medication or treatment; and evidences a substantial probability, as demonstrated by both the individual's treatment history and his or her recent acts or omissions, that the individual needs care or treatment to prevent further disability or deterioration and a substantial probability that he or she will, if left untreated, lack services necessary for his or her health or safety and suffer severe mental, emotional, or physical harm that will result in the loss of the individual's ability to function independently in the community or the loss of cognitive or volitional control over his or her thoughts or actions. The probability of suffering severe mental, emotional, or physical harm is not substantial under this
subd. 2. e. if reasonable provision for the individual's care or treatment is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services or if the individual is appropriate for protective placement under
s. 55.06. Food, shelter, or other care that is provided to an individual who is substantially incapable of obtaining food, shelter, or other care for himself or herself by any person other than a treatment facility does not constitute reasonable provision for the individual's care or treatment in the community under this
subd. 2. e. The individual's status as a minor does not automatically establish a substantial probability of suffering severe mental, emotional, or physical harm under this
subd. 2. e.
