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 that is appropriate for the minor's needs and that is the least restrictive therapy or treatment consistent with the minor's needs, and, in the case of a minor 14 years of age or older who is being admitted for the primary purpose of treatment for mental illness or developmental disability, that the application is voluntary on the part of the minor, the court 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)1.
1. The minor if he or she is 14 years of age or older and is being admitted for the primary purpose of treatment for mental illness or developmental disability.
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)(h)4.
4. If there is a reason to believe the minor is in need of protection or services under
s. 48.13 or
938.13 or the minor is an expectant mother of an unborn child in need of protection or services under
s. 48.133, dismiss the petition and authorize the filing of a petition under
s. 48.25 (3) or
938.25 (3). The court may release the minor or may order that the minor be taken and held in custody under
s. 48.19 (1) (c) or
(cm) or
938.19 (1) (c).
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. 809.30.
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, if the minor is 14 years of age or older and is being admitted for the primary purpose of diagnosis, evaluation, or services for mental illness or developmental disability, by the minor. 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 primarily for mental illness or developmental disability, 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 older who is voluntarily admitted under this section for the primary purpose of treatment for mental illness or developmental disability, and any minor who is voluntarily admitted under
sub. (1) (c) 1. or
2., may request discharge in writing. In the case of a minor 14 years of age or older who is voluntarily admitted under this section for the primary purpose of treatment for alcoholism or drug abuse or a minor under 14 years of age who is voluntarily admitted under this section for the primary purpose of treatment for mental illness, developmental disability, alcoholism, or drug abuse, the parent or guardian of the minor may make the request. Upon receipt of any form of written request for discharge from a minor, 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 14 years of age or older who is voluntarily admitted under this section for the primary purpose of treatment for alcoholism or drug abuse, and who is not discharged under
par. (b), and any minor under 14 years of age who is voluntarily admitted under this section for the primary purpose of treatment for mental illness, developmental disability, alcoholism, or drug abuse, and who is not discharged under
par. (b), 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 described in this paragraph is admitted observes conduct by the minor that 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 that is made personally by a minor under this paragraph shall be signed by the minor but need not be written or composed by the minor. A request for a hearing under this paragraph that 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 after receipt of the request. The court shall appoint counsel and, if the court considers it necessary, a guardian ad litem to represent the minor and if a hearing is held shall hold the hearing within 14 days after 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 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. 809.30.
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.
