51.45(8)(b)
(b) The department periodically shall make unannounced inspections of approved public and private treatment facilities at reasonable times and in a reasonable manner.
51.45(8)(c)
(c) Approval of a facility must be secured under this section before application for a grant-in-aid for such facility under
s. 51.423 or before treatment in any facility is rendered to patients.
51.45(8)(d)
(d) Each approved public and private treatment facility shall file with the department on request, data, statistics, schedules and information the department reasonably requires, including any data or information specified under
s. 46.973 (2m). An approved public or private treatment facility that without good cause fails to furnish any data, statistics, schedules or information as requested, or files fraudulent returns thereof, shall be removed from the list of approved treatment facilities.
51.45(8)(e)
(e) The department, after notice and hearing, may under this subsection suspend, revoke, limit, or restrict an approval, or refuse to grant an approval, for failure to meet its standards.
51.45(8)(f)
(f) The circuit court may restrain any violation of this section, review any denial, restriction or revocation of approval under this subsection, and grant other relief required to enforce its provisions.
51.45(9)
(9) Acceptance for treatment; rules. The secretary shall promulgate rules for acceptance of persons into the treatment program, considering available treatment resources and facilities, for the purpose of early and effective treatment of alcoholics and intoxicated persons. In promulgating the rules the secretary shall be guided by the following standards:
51.45(9)(a)
(a) If possible a patient shall be treated on a voluntary rather than an involuntary basis.
51.45(9)(b)
(b) A patient shall be initially assigned or transferred to outpatient or intermediate treatment, unless the patient is found to require inpatient treatment.
51.45(9)(c)
(c) No person may be denied treatment solely because the person has withdrawn from treatment against medical advice on a prior occasion or because the person has relapsed after earlier treatment.
51.45(9)(d)
(d) An individualized treatment plan shall be prepared and maintained on a current basis for each patient.
51.45(9)(e)
(e) Provision shall be made for a continuum of coordinated treatment services, so that a person who leaves a facility or a form of treatment will have available and utilize other appropriate treatment.
51.45(10)
(10) Voluntary treatment of alcoholics. 51.45(10)(a)(a) An adult alcoholic may apply for voluntary treatment directly to an approved public treatment facility. If the proposed patient is an incompetent person who has not been deprived of the right to contract under
subch. I of ch. 880, the person or a legal guardian or other legal representative may make the application. If the proposed patient is an incompetent person who has been deprived of the right to contract under
subch. I of ch. 880, a legal guardian or other legal representative may make the application.
51.45(10)(am)
(am) A minor may apply for voluntary treatment directly to an approved public treatment facility, but only for those forms of treatment specified in
sub. (7) (b) 5. and
7. Section 51.13 shall govern voluntary admission of a minor alcoholic to an inpatient treatment facility.
51.45(10)(b)
(b) Subject to rules promulgated by the department, the superintendent in charge of an approved public treatment facility may determine who shall be admitted for treatment. If a person is refused admission to an approved public treatment facility, the superintendent, subject to rules promulgated by the department, shall refer the person to another approved public treatment facility for treatment if possible and appropriate.
51.45(10)(c)
(c) If a patient receiving inpatient care leaves an approved public treatment facility, the patient shall be encouraged to consent to appropriate outpatient or intermediate treatment. If it appears to the superintendent in charge of the treatment facility that the patient is an alcoholic or intoxicated person who requires help, the county department shall arrange for assistance in obtaining supportive services and residential facilities. If the patient is an incompetent person the request for discharge from an inpatient facility shall be made by a legal guardian or other legal representative or by the incompetent if he or she was the original applicant.
51.45(10)(d)
(d) If a patient leaves an approved public treatment facility, with or against the advice of the superintendent in charge of the facility, the county department may make reasonable provisions for the patient's transportation to another facility or to his or her home or may assist the patient in obtaining temporary shelter.
51.45(10)(e)
(e) This subsection applies only to admissions of alcoholics whose care and treatment is to be paid for by the department or a county department.
51.45(11)
(11) Treatment and services for intoxicated persons and others incapacitated by alcohol. 51.45(11)(a)(a) An intoxicated person may come voluntarily to an approved public treatment facility for emergency treatment. Any law enforcement officer, or designated person upon the request of a law enforcement officer, may assist a person who appears to be intoxicated in a public place and to be in need of help to his or her home, an approved treatment facility or other health facility, if such person consents to the proffered help.
Section 51.13 shall govern voluntary admission of an intoxicated minor to an inpatient facility under this paragraph.
51.45(11)(b)
(b) A person who appears to be incapacitated by alcohol shall be placed under protective custody by a law enforcement officer. The law enforcement officer shall either bring such person to an approved public treatment facility for emergency treatment or request a designated person to bring such person to the facility for emergency treatment. If no approved public treatment facility is readily available or if, in the judgment of the law enforcement officer or designated person, the person is in need of emergency medical treatment, the law enforcement officer or designated person upon the request of the law enforcement officer shall take such person to an emergency medical facility. The law enforcement officer or designated person, in detaining such person or in taking him or her to an approved public treatment facility or emergency medical facility, is holding such person under protective custody and shall make every reasonable effort to protect the person's health and safety. In placing the person under protective custody the law enforcement officer may search such person for and seize any weapons. Placement under protective custody under this subsection is not an arrest. No entry or other record shall be made to indicate that such person has been arrested or charged with a crime. A person brought to an approved public treatment facility under this paragraph shall be deemed to be under the protective custody of the facility upon arrival.
51.45(11)(bm)
(bm) If the person who appears to be incapacitated by alcohol under
par. (b) is a minor, either a law enforcement officer or a person authorized to take a child into custody under
ch. 48 or to take a juvenile into custody under
ch. 938 may take the minor into custody as provided in
par. (b).
51.45(11)(c)
(c) A person who comes voluntarily or is brought to an approved treatment facility shall be examined by trained staff as soon as practicable in accordance with a procedure developed by the facility in consultation with a licensed physician. The person may then be admitted as a patient or referred to another treatment facility or to an emergency medical facility, in which case the county department shall make provision for transportation. Upon arrival, the person shall be deemed to be under the protective custody of the facility to which he or she has been referred.
51.45(11)(d)
(d) A person who by examination pursuant to
par. (c) is found to be incapacitated by alcohol at the time of admission, or to have become incapacitated at any time after admission, shall be detained at the appropriate facility for the duration of the incapacity but may not be detained when no longer incapacitated by alcohol, or if the person remains incapacitated by alcohol for more than 72 hours after admission as a patient, exclusive of Saturdays, Sundays and legal holidays, unless he or she is committed under
sub. (12). A person may consent to remain in the facility as long as the physician or official in charge believes appropriate.
51.45(11)(e)
(e) The county department shall arrange transportation home for a person who was brought under protective custody to an approved public treatment facility or emergency medical facility and who is not admitted, if the home is within 50 miles of the facility. If the person has no home within 50 miles of the facility, the county department shall assist him or her in obtaining shelter.
51.45(11)(f)
(f) If a patient is admitted to an approved public treatment facility, the family or next of kin shall be notified as promptly as possible unless an adult patient who is not incapacitated requests that no notification be made.
51.45(11)(g)
(g) Any law enforcement officer, designated person or officer or employee of an approved treatment facility who acts in compliance with this section is acting in the course of official duty and is not criminally or civilly liable for false imprisonment.
51.45(11)(h)
(h) Prior to discharge, the patient shall be informed of the benefits of further diagnosis and appropriate voluntary treatment.
51.45(11)(i)
(i) No provision of this section may be deemed to require any emergency medical facility which is not an approved private or public treatment facility to provide to incapacitated persons nonmedical services including, but not limited to, shelter, transportation or protective custody.
51.45(12)(a)(a) An intoxicated person who has threatened, attempted or inflicted physical harm on himself or herself or on another and is likely to inflict such physical harm unless committed, or a person who is incapacitated by alcohol, may be committed to the county department and brought to an approved public treatment facility for emergency treatment. A refusal to undergo treatment does not constitute evidence of lack of judgment as to the need for treatment.
51.45(12)(b)
(b) The physician, spouse, guardian or a relative of the person sought to be committed, or any other responsible person, may petition a circuit court commissioner or the circuit court of the county in which the person sought to be committed resides or is present for commitment under this subsection. The petition shall:
51.45(12)(b)1.
1. State facts to support the need for emergency treatment;
51.45(12)(b)2.
2. State that the person is a child or state facts sufficient for a determination of indigency of the person; and
51.45(12)(b)3.
3. Be supported by one or more affidavits which aver with particularity the factual basis for the allegations contained in the petition.
51.45(12)(c)
(c) Upon receipt of a petition under
par. (b), the circuit court commissioner or court shall:
51.45(12)(c)1.
1. Determine whether the petition and supporting affidavits sustain the grounds for commitment and dismiss the petition if the grounds for commitment are not sustained thereby. If the grounds for commitment are sustained by the petition and supporting affidavits, the court or circuit court commissioner shall issue an order temporarily committing the person to the custody of the county department pending the outcome of the preliminary hearing under
sub. (13) (d).
51.45(12)(c)2.
2. Assure that the person sought to be committed is represented by counsel and, if the person claims or appears to be indigent, refer the person to the authority for indigency determinations specified under
s. 977.07 (1) or, if the person is a child, refer that child to the state public defender who shall appoint counsel for the child without a determination of indigency, as provided in
s. 48.23 (4).
51.45(12)(c)3.
3. Issue an order directing the sheriff or other law enforcement agency to take the person into protective custody and bring him or her to an approved public treatment facility designated by the county department, if the person is not detained under
sub. (11).
51.45(12)(c)4.
4. Set a time for a preliminary hearing under
sub. (13) (d), such hearing to be held not later than 48 hours after receipt of a petition under
par. (b), exclusive of Saturdays, Sundays and legal holidays. If at such time the person is unable to assist in the defense because he or she is incapacitated by alcohol, an extension of not more than 48 hours, exclusive of Saturdays, Sundays and legal holidays, may be had upon motion of the person or the person's attorney.
51.45(12)(d)
(d) Upon arrival at the approved public treatment facility, the person shall be advised both orally and in writing of the right to counsel, the right to consult with counsel before a request is made to undergo voluntary treatment under
sub. (10), the right not to converse with examining physicians, psychologists or other personnel, the fact that anything said to examining physicians, psychologists or other personnel may be used as evidence against him or her at subsequent hearings under this section, the right to refuse medication under
s. 51.61 (6), the exact time and place of the preliminary hearing under
sub. (13) (d), and of the reasons for detention and the standards under which he or she may be committed prior to all interviews with physicians, psychologists or other personnel. Such notice of rights shall be provided to the patient's immediate family if they can be located and may be deferred until the patient's incapacitated condition, if any, has subsided to the point where the patient is capable of understanding the notice. Under no circumstances may interviews with physicians, psychologists or other personnel be conducted until such notice is given, except that the patient may be questioned to determine immediate medical needs. The patient may be detained at the facility to which he or she was admitted or, upon notice to the attorney and the court, transferred by the county department to another appropriate public or private treatment facility, until discharged under
par. (e).
51.45(12)(e)
(e) When on the advice of the treatment staff the superintendent of the facility having custody of the patient determines that the grounds for commitment no longer exist, he or she shall discharge a person committed under this subsection. No person committed under this subsection shall be detained in any treatment facility beyond the time set for a preliminary hearing under
par. (c) 4. If a petition for involuntary commitment under
sub. (13) has been filed and a finding of probable cause for believing the patient is in need of commitment has been made under
sub. (13) (d), the person may be detained until the petition has been heard and determined.
51.45(12)(f)
(f) A copy of the written application for commitment and all supporting affidavits shall be given to the patient at the time notice of rights is given under
par. (d) by the superintendent, who shall provide a reasonable opportunity for the patient to consult counsel.
51.45(13)(a)(a) A person may be committed to the custody of the county department by the circuit court upon the petition of 3 adults, at least one of whom has personal knowledge of the conduct and condition of the person sought to be committed. A refusal to undergo treatment shall not constitute evidence of lack of judgment as to the need for treatment. The petition for commitment shall:
51.45(13)(a)1.
1. Allege that the condition of the person is such that he or she habitually lacks self-control as to the use of alcohol beverages, and uses such beverages to the extent that health is substantially impaired or endangered and social or economic functioning is substantially disrupted;
51.45(13)(a)2.
2. Allege that such condition of the person is evidenced by a pattern of conduct which is dangerous to the person or to others;
51.45(13)(a)3.
3. State that the person is a child or state facts sufficient for a determination of indigency of the person;
51.45(13)(a)4.
4. Be supported by the affidavit of each petitioner who has personal knowledge which avers with particularity the factual basis for the allegations contained in the petition; and
51.45(13)(a)5.
5. Contain a statement of each petitioner who does not have personal knowledge which provides the basis for his or her belief.
51.45(13)(b)
(b) Upon receipt of a petition under
par. (a), the court shall:
51.45(13)(b)1.
1. Determine whether the petition and supporting affidavits meet the requirements of
par. (a) and dismiss the petition if the requirements of
par. (a) are not met thereby. If the person has not been temporarily committed under
sub. (12) (c) and the petition and supporting affidavits meet the requirements of
par. (a), the court may issue an order temporarily committing the person to the custody of the county department pending the outcome of the preliminary hearing under
par. (d).
51.45(13)(b)2.
2. Assure that the person is represented by counsel and, if the person claims or appears to be indigent, refer the person to the authority for indigency determinations specified under
s. 977.07 (1) or, if the person is a child, refer that child to the state public defender who shall appoint counsel for the child without a determination of indigency, as provided in
s. 48.23 (4). The person shall be represented by counsel at the preliminary hearing under
par. (d). The person may, with the approval of the court, waive his or her right to representation by counsel at the full hearing under
par. (f).
51.45(13)(b)3.
3. If the court orders temporary commitment, issue an order directing the sheriff or other law enforcement agency to take the person into protective custody and to bring the person to an approved public treatment facility designated by the county department, if the person is not detained under
sub. (11) or
(12).
51.45(13)(b)4.
4. Set a time for a preliminary hearing under
par. (d). If the person is taken into protective custody, such hearing shall be held not later than 72 hours after the person arrives at the approved public treatment facility, exclusive of Saturdays, Sundays and legal holidays. If at that time the person is unable to assist in the defense because he or she is incapacitated by alcohol, an extension of not more than 48 hours, exclusive of Saturdays, Sundays and legal holidays, may be had upon motion of the person or the person's attorney.
51.45(13)(c)
(c) Effective and timely notice of the preliminary hearing, together with a copy of the petition and supporting affidavits under
par. (a), shall be given to the person unless he or she has been taken into custody under
par. (b), the spouse or legal guardian if the person is incompetent, the person's counsel and the petitioner. The notice shall include a written statement of the person's right to an attorney, the right to trial by jury, the right to be examined by a physician, and the standard under which he or she may be committed under this section. If the person is taken into custody under
par. (b), upon arrival at the approved public treatment facility, the person shall be advised both orally and in writing of the right to counsel, the right to consult with counsel before a request is made to undergo voluntary treatment under
sub. (10), the right not to converse with examining physicians, psychologists or other personnel, the fact that anything said to examining physicians, psychologists or other personnel may be used as evidence against him or her at subsequent hearings under this section, the right to refuse medication under
s. 51.61 (6), the exact time and place of the preliminary hearing under
par. (d), the right to trial by jury, the right to be examined by a physician and of the reasons for detention and the standards under which he or she may be committed prior to all interviews with physicians, psychologists or other personnel. Such notice of rights shall be provided to the person's immediate family if they can be located and may be deferred until the person's incapacitated condition, if any, has subsided to the point where the person is capable of understanding the notice. Under no circumstances may interviews with physicians, psychologists or other personnel be conducted until such notice is given, except that the person may be questioned to determine immediate medical needs. The person may be detained at the facility to which he or she was admitted or, upon notice to the attorney and the court, transferred by the county department to another appropriate public or private treatment facility, until discharged under this subsection. A copy of the petition and all supporting affidavits shall be given to the person at the time notice of rights is given under this paragraph by the superintendent, who shall provide a reasonable opportunity for the patient to consult counsel.
51.45(13)(d)
(d) Whenever it is desired to involuntarily commit a person, a preliminary hearing shall be held under this paragraph. The purpose of the preliminary hearing shall be to determine if there is probable cause for believing that the allegations of the petition under
par. (a) are true. The person shall be represented by counsel at the preliminary hearing and, if the person is a child or is indigent, counsel shall timely be appointed at public expense, as provided in
s. 967.06 and
ch. 977. Counsel shall have access to all reports and records, psychiatric and otherwise, which have been made prior to the preliminary hearing. The person shall be present at the preliminary hearing and shall be afforded a meaningful opportunity to be heard. Upon failure to make a finding of probable cause under this paragraph, the court shall dismiss the petition and discharge the person from the custody of the county department.
51.45(13)(dg)
(dg) The court shall proceed as if a petition were filed under
s. 51.20 (1) if all of the following conditions are met:
51.45(13)(dg)1.
1. The petitioner's counsel notifies all other parties and the court, within a reasonable time prior to the hearing, of his or her intent to request that the court proceed as if a petition were filed under
s. 51.20 (1).
51.45(13)(dg)2.
2. The court determines at the hearing that there is probable cause to believe that the subject individual is a fit subject for treatment under
s. 51.20 (1).
51.45(13)(dm)
(dm) For the purposes of this section, duties to be performed by a court shall be carried out by the judge of such court or a circuit court commissioner of such court who is designated by the chief judge to so act, in all matters prior to a final hearing under this subsection.
51.45(13)(e)
(e) Upon a finding of probable cause under
par. (d), the court shall fix a date for a full hearing to be held within 14 days. An extension of not more than 14 days may be granted upon motion of the person sought to be committed upon a showing of cause. Effective and timely notice of the full hearing, the right to counsel, the right to jury trial and the standards under which the person may be committed shall be given to the person, the immediate family other than a petitioner under
par. (a) or
sub. (12) (b) if they can be located, the spouse or legal guardian if the person is incompetent, the superintendent in charge of the appropriate approved public treatment facility if the person has been temporarily committed under
par. (b) or
sub. (12), the person's counsel, unless waived, and to the petitioner under
par. (a). Counsel, or the person if counsel is waived, shall have access to all reports and records, psychiatric and otherwise, which have been made prior to the full hearing on commitment, and shall be given the names of all persons who may testify in favor of commitment and a summary of their proposed testimony at least 96 hours before the full hearing, exclusive of Saturdays, Sundays and legal holidays.
51.45(13)(f)
(f) The hearing shall be open, unless the person sought to be committed or the person's attorney moves that it be closed, in which case only persons in interest, including representatives of the county department in all cases, and their attorneys and witnesses may be present. At the hearing the jury, or, if trial by jury is waived, the court, shall consider all relevant evidence, including, if possible, the testimony of at least one licensed physician who has examined the person whose commitment is sought. Ordinary rules of evidence shall apply to any such proceeding. The person whose commitment is sought shall be present and shall be given an opportunity to be examined by a court-appointed licensed physician. If the person refuses and there is sufficient evidence to believe that the allegations of the petition are true, or if the court believes that more medical evidence is necessary, the court may make a temporary order committing the person to the county department for a period of not more than 5 days for purposes of diagnostic examination.
51.45(13)(g)1.1. The court shall make an order of commitment to the county department if, after hearing all relevant evidence, including the results of any diagnostic examination, the trier of fact finds all of the following:
51.45(13)(g)1.a.
a. That the allegations of the petition under
par. (a) have been established by clear and convincing evidence.
51.45(13)(g)1.b.
b. That there is a relationship between the alcoholic condition and the pattern of conduct during the 12-month period immediately preceding the time of petition which is dangerous to the person or others and that this relationship has been established to a reasonable medical certainty.
51.45(13)(g)1.c.
c. That there is an extreme likelihood that the pattern of conduct will continue or repeat itself without the intervention of involuntary treatment or institutionalization.
51.45(13)(g)2.
2. The court may not order commitment of a person unless it is shown by clear and convincing evidence that there is no suitable alternative available for the person and that the county department is able to provide appropriate and effective treatment for the individual.
51.45(13)(h)
(h) A person committed under this subsection shall remain in the custody of the county department for treatment for a period set by the court, but not to exceed 90 days. During this period of commitment the county department may transfer the person from one approved public treatment facility or program to another as provided in
par. (k). At the end of the period set by the court, the person shall be discharged automatically unless the county department before expiration of the period obtains a court order for recommitment upon the grounds set forth in
par. (a) for a further period not to exceed 6 months. If after examination it is determined that the person is likely to inflict physical harm on himself or herself or on another, the county department shall apply for recommitment. Only one recommitment order under this paragraph is permitted.
51.45(13)(j)
(j) Upon the filing of a petition for recommitment under
par. (h), the court shall fix a date for a recommitment hearing within 10 days, assure that the person sought to be recommitted is represented by counsel and, if the person is indigent, appoint counsel for him or her, unless waived. The provisions of
par. (e) relating to notice and to access to records, names of witnesses and summaries of their testimony shall apply to recommitment hearings under this paragraph. At the recommitment hearing, the court shall proceed as provided under
pars. (f) and
(g).
51.45(13)(k)
(k) The county department shall provide for adequate and appropriate treatment of a person committed to its custody. Any person committed or recommitted to custody may be transferred by the county department from one approved public treatment facility or program to another upon the written application to the county department from the facility or program treating the person. Such application shall state the reasons why transfer to another facility or program is necessary to meet the treatment needs of the person. Notice of such transfer and the reasons therefor shall be given to the court, the person's attorney and the person's immediate family, if they can be located.
51.45(13)(L)
(L) If an approved private treatment facility agrees with the request of a competent patient or a parent, sibling, adult child, or guardian to accept the patient for treatment, the county department may transfer the person to the private treatment facility.
51.45(13)(m)
(m) A person committed under this section may at any time seek to be discharged from commitment by habeas corpus proceedings.
51.45(13)(n)
(n) The venue for proceedings under this subsection is the place in which the person to be committed resides or is present.
51.45(13)(o)
(o) All fees and expenses incurred under this section which are required to be assumed by the county shall be governed by
s. 51.20 (19).
51.45(13)(p)
(p) A record shall be made of all proceedings held under this subsection. Transcripts shall be made available under
SCR 71.04. The county department may in any case request a transcript.
51.45(14)
(14) Confidentiality of records of patients. 51.45(14)(a)(a) Except as otherwise provided in
s. 51.30, the registration and treatment records of alcoholism treatment programs and facilities shall remain confidential and are privileged to the patient. The application of
s. 51.30 is limited by any rule promulgated under
s. 51.30 (4) (c) for the purpose of protecting the confidentiality of alcoholism treatment records in conformity with federal requirements.
51.45(14)(b)
(b) Any person who violates this subsection shall forfeit not more than $5,000.
51.45(15)(a)(a) Except as provided in
s. 51.61 (2), a person being treated under this section does not thereby lose any legal rights.
51.45(15)(b)
(b) No provisions of this section may be deemed to contradict any rules or regulations governing the conduct of any inmate of a state or county correctional institution who is being treated in an alcoholic treatment program within the institution.
51.45(15)(c)
(c) A private or public general hospital may not refuse admission or treatment to a person in need of medical services solely because that person is an "alcoholic", "incapacitated by alcohol" or is an "intoxicated person" as defined in
sub. (2). This paragraph does not require a hospital to admit or treat the person if the hospital does not ordinarily provide the services required by the person. A private or public general hospital which violates this paragraph shall forfeit not more than $500.
51.45(16)(a)(a) Liability for payment for care, services and supplies provided under this section, the collection and enforcement of such payments, and the adjustment and settlement with the several counties for their proper share of all moneys collected under
s. 46.10, shall be governed exclusively by
s. 46.10.
51.45(16)(b)
(b) Payment for treatment of persons treated under
s. 302.38 shall be made under that section.
51.45(16)(c)
(c) Payment of attorney fees for appointed attorneys in the case of children and indigents shall be in accordance with
ch. 977.
51.45(17)
(17) Applicability of other laws; procedure.
