55.10(2)
(2) Attendance. The petitioner shall ensure that the individual sought to be protected attends the hearing on the petition unless, after a personal interview, the guardian ad litem waives the attendance and so certifies in writing to the court the specific reasons why the individual is unable to attend. In determining whether to waive attendance by the individual, the guardian ad litem shall consider the ability of the individual to understand and meaningfully participate, the effect of the individual's attendance on his or her physical or psychological health in relation to the importance of the proceeding, and the individual's expressed desires. If the individual is unable to attend a hearing only because of residency in a nursing home or other facility, physical inaccessibility, or lack of transportation, the court shall, if requested by the individual, the individual's guardian ad litem, the individual's counsel, or other interested person, hold the hearing in a place where the individual is able to attend.
55.10(3)
(3) Hearing to be open. The hearing shall be open, unless the individual sought to be protected, or his or her attorney acting with the consent of the individual sought to be protected, requests that it be closed. If the hearing is closed, only persons in interest, including representatives of providers of service and their attorneys and witnesses, may be present.
55.10(4)
(4) Rights. The following provisions apply to all hearings under this chapter except transfers of placement under
s. 55.15 and summary hearings under
ss. 55.18 (3) (d) and
55.19 (3) (d):
55.10(4)(a)
(a)
Counsel; costs. The individual sought to be protected has the right to counsel whether or not the individual is present at the hearing on the petition. The court shall require representation by full legal counsel whenever the petition alleges that the individual is not competent to refuse psychotropic medication under
s. 55.14, the individual sought to be protected requested such representation at least 72 hours before the hearing, the guardian ad litem or any other person states that the individual sought to be protected is opposed to the petition, or the court determines that the interests of justice require it. If the individual sought to be protected or any other person on his or her behalf requests but is unable to obtain legal counsel, the court shall appoint legal counsel. Counsel shall be provided at public expense, as provided under
s. 967.06 and
ch. 977, if the individual is indigent. If the individual sought to be protected is an adult who is indigent, and if counsel was not appointed under
s. 977.08, the county in which the hearing is held is liable for any fees due the individual's legal counsel. If the individual sought to be protected is represented by counsel appointed under
s. 977.08 in a proceeding for the appointment of a guardian under
s. 880.33 [
ch. 54], the court shall order the counsel appointed under
s. 977.08 to represent under this section the individual sought to be protected.
55.10 Note
NOTE: The bracketed language shows the correct cross-reference. Corrective legislation is pending.
55.10(4)(b)
(b) Guardian ad litem; costs. [
Sections 54.42,
54.44, and
54.46 apply] The court shall in all cases require the appointment of an attorney as guardian ad litem in accordance with
s. 757.48 (1). The responsibilities and duties of a guardian ad litem on behalf of a proposed ward or individual who is alleged incompetent specified in
s. 880.331 (4) [
s. 54.40 (4)] apply to a guardian ad litem appointed in a proceeding for protective services or protective placement on behalf of an individual sought to be protected. If a guardian has been appointed for an individual who is the subject of a petition for court-ordered protective placement or protective services, the guardian ad litem shall interview the guardian. The guardian ad litem shall be present at all hearings under this chapter if the individual sought to be protected does not have full legal counsel. The court may, however, excuse a personal appearance by a guardian ad litem based on information contained in a written report by the guardian ad litem to the court. If the individual sought to be protected is an adult who is indigent, the county shall be liable for any fees due the guardian ad litem. If the individual sought to be protected is a minor, the minor's parents or the county in which the hearing is held shall be liable for any fees due the guardian ad litem as provided in
s. 48.235 (8).
55.10 Note
NOTE: Par. (b) is shown as affected by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c). The initial bracketed language was inserted by
2005 Wis. Act 387 but rendered surplusage by
2005 Wis. Act 264. The bracketed "s. 54.40 (4)" is the correct cross-reference. Corrective legislation is pending.
55.10(4)(c)
(c)
Trial by jury; right to cross examine witnesses. The individual sought to be protected has the right to a trial by a jury if demanded by the individual sought to be protected or his or her attorney or guardian ad litem. The number of jurors shall be determined under
s. 756.06 (2) (b). The individual sought to be protected, and the individual's attorney and guardian ad litem have the right to present and cross-examine witnesses, including any person making an evaluation or review under
s. 55.11.
55.10(4)(d)
(d)
Standard of proof. Before protective placement or protective services may be ordered under
s. 55.12, the court or jury must find by clear and convincing evidence that the individual to be protected is in need of protective placement because he or she meets all of the standards under
s. 55.08 (1) or is in need of protective services because he or she meets all of the standards under
s. 55.08 (2).
55.10(4)(e)
(e)
Independent evaluation. The individual sought to be protected has the right to secure an independent evaluation as provided in
s. 55.11 (2).
55.10 History
History: 2005 a. 264 ss.
128,
129,
130,
160;
2005 a. 387 s.
116; s. 13.93 (2) (c).
55.10 Annotation
The statutory provisions for an interested person's formal participation in guardianship and protective placement hearings are specific and limited. No statute provides for interested persons to demand a trial, present evidence, or raise evidentiary objections. A court could consider such participation helpful and, in its discretion, could allow an interested person to participate to the extent it considers appropriate. Coston v. Joseph P.
222 Wis. 2d 1,
586 N.W.2d 52 (Ct. APP. 1998),
97-1210.
55.10 Annotation
Section 907.03 does not allow the proponent of an expert to use the expert solely as a conduit for the hearsay opinions of others. While in a civil proceeding there is no independent right to confront and cross-examine expert witnesses under the state and federal constitutions, procedures used to appoint a guardian and protectively place an individual must conform to the essentials of due process. Walworth County v. Therese B. 2003 WI App 223,
267 Wis. 2d 310,
671 N.W.2d 377,
03-0967.
55.11
55.11
Comprehensive evaluation; recommendations; statements. 55.11(1)(1) Before ordering protective placement or protective services for any individual, the court shall require a comprehensive evaluation of the individual sought to be protected, if such an evaluation has not already been made. The court may utilize available multidisciplinary resources in the community in determining the need for protective placement or protective services. The county department or an agency with which it contracts under
s. 55.02 (2) shall cooperate with the court in securing available resources. The court or the cooperating agency obtaining the evaluation shall request appropriate information which shall include at least the following:
55.11(1)(a)
(a) The address of the place where the individual is residing and the person or agency who is providing services at present, if any.
55.11(1)(b)
(b) A resume of any professional treatment and services provided to the individual by the department or agency in connection with the problem creating the need for protective placement or protective services.
55.11(1)(c)
(c) A medical, psychological, social, vocational, and educational evaluation and review, if necessary, and any recommendations for or against maintenance of partial legal rights as provided in
s. 54.25 (2). The evaluation and review shall include recommendations for the individual's placement that are consistent with the requirements of
s. 55.12 (3),
(4), and
(5).
55.11 Note
NOTE: Par. (c) is shown as affected by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c).
55.11(2)
(2) If requested by the individual sought to be protected, or anyone on the individual's behalf, the individual sought to be protected has the right at his or her own expense, or, if indigent, at the expense of the county where the petition is filed, to secure an independent comprehensive evaluation, if an independent comprehensive evaluation has not already been made. The individual, or anyone on the individual's behalf, may present a report of this independent comprehensive evaluation or the evaluator's personal testimony as evidence at the hearing.
55.11(3)
(3) A copy of the comprehensive evaluation and any independent comprehensive evaluation shall be provided to the individual's guardian, agent under any activated health care power of attorney, and guardian ad litem, and to the individual or the individual's attorney at least 96 hours in advance of the hearing to determine protective placement or protective services.
55.11(4)
(4) Where applicable by reason of the particular disability, the county department or an agency with which it contracts under
s. 55.02 (2) that has responsibility where the individual has legal residence shall make a recommendation for protective placement or protective services.
55.11(5)
(5) If the court is considering protective placement of the individual in a center for the developmentally disabled, the court shall request a statement or testimony from the department regarding whether the protective placement is appropriate for the individual's needs and whether it is consistent with the purpose of the center under
s. 51.06 (1).
55.11(6)
(6) If the individual has a developmental disability and the court is considering protective placement of the individual in an intermediate facility or a nursing facility, the court shall request a statement or testimony from the county department of the individual's county of residence that is participating in the program under
s. 46.278 as to whether the individual's needs could be met in a noninstitutional setting, except that, if
s. 46.279 (4m) applies to the individual, the court shall request the statement or testimony from the department, rather than the county department.
55.11 History
History: 2005 a. 264 ss.
131 to
134,
161;
2005 a. 387 s.
117; s. 13.93 (2) (c).
55.11 Annotation
A proposed ward's rightful refusal to participate in a court-ordered evaluation will not obstruct a guardianship and protective placement proceeding. Due process requires that the examining professional, when confronted with an uncooperative individual, engage in an independent review of all records that are available. Due process prevents the examining professional from regurgitating the opinions of other physicians and psychologists, without independently confirming the facts those opinions are based upon. Walworth County v. Therese B. 2003 WI App 223,
267 Wis. 2d 310,
671 N.W.2d 377,
03-0967.
55.12
55.12
Order for protective services or protective placement. 55.12(1)(1) When ordering protective placement under the standards specified in
s. 55.08 (1) or protective services under the standards specified in
s. 55.08 (2), the court, on the basis of the evaluation and other relevant evidence, shall order the county department or agency with which it contracts under
s. 55.02 (2) to provide protective placement or protective services to the individual.
55.12(2)
(2) Subject to
s. 46.279, protective placement may be made to nursing homes, public medical institutions, centers for the developmentally disabled under the requirements of
s. 51.06 (3), foster care services or other home placements, or to other appropriate facilities, but may not be made to units for the acutely mentally ill. An individual who is subject to an order for protective placement or protective services may be detained on an emergency basis under
s. 51.15 or involuntarily committed under
s. 51.20 or may be voluntarily admitted to a treatment facility for inpatient care under
s. 51.10 (8). No individual who is subject to an order for protective placement or services may be involuntarily transferred to, detained in, or committed to a treatment facility for care except under
s. 51.15 or
51.20. Protective placement in a locked unit shall require a specific finding of the court as to the need for the action.
55.12(3)
(3) Protective placement or protective services provided by a county department or an agency with which it contracts under
s. 55.02 (2) are subject to
s. 46.279 and shall be provided in the least restrictive environment and in the least restrictive manner consistent with the needs of the individual to be protected and with the resources of the county department.
55.12(4)
(4) Factors that a county department shall consider in providing protective placement or protective services shall include the needs of the individual to be protected for health, social, or rehabilitative services; the level of supervision needed; the reasonableness of the placement or services given the cost and the actual benefits in the level of functioning to be realized by the individual; the limits of available state and federal funds and of county funds required to be appropriated to match state funds; and the reasonableness of the protective placement or protective services given the number or projected number of individuals who will need protective placement or protective services and given the limited funds available.
55.12(5)
(5) Except as provided in
s. 49.45 (30m), the county may not be required to provide funding, in addition to its funds that are required to be appropriated to match state funds, in order to provide protective placement or protective services to an individual. Protective placement under this section does not replace commitment of an individual in need of acute psychiatric treatment under
s. 51.20 or
51.45 (13).
55.12(6)
(6) If the county department or agency with which it contracts under
s. 55.02 (2) proposes to provide protective placement to an individual who has a developmental disability in an intermediate facility or a nursing facility under an order under this section, the county department or agency, or, if
s. 46.279 (4m) applies to the individual, the department or the department's contractor shall develop a plan under
s. 46.279 (4) and furnish the plan to the county department or agency and to the individual's guardian. The county department or agency with which it contracts under
s. 55.02 (2) shall place provide protective placement to the individual in a noninstitutional community setting in accord with the plan unless the court finds that protective placement in the intermediate facility or nursing facility is the most integrated setting, as defined in
s. 46.279 (1) (bm), that is appropriate to the needs of the individual, taking into account information presented by all affected parties.
55.12(7)
(7) If an individual to be protectively placed is a resident of a facility licensed for 16 or more beds, the court may consider whether moving the individual would create a serious risk of harm to that individual.
55.12(8)
(8) The court may order protective services as an alternative to protective placement.
55.12(9)
(9) The court may order psychotropic medication as a protective service only as provided in
s. 55.14.
55.12 History
History: 2005 a. 264 ss.
135,
162.
55.12 Annotation
A county's duty under former s. 55.06 (9) (a) [now sub. (1)] to provide the least restrictive environment is not limited according to funds available through state and federal funds and those that the county appropriates as matching funds. Protective Placement of D.E.R.
155 Wis. 2d 240,
455 N.W.2d 239 (1990).
55.12 Annotation
A court may order an agency to do planning and implementation work necessary to fulfill the obligation to order placement conforming to former s. 55.06 (9) (a) [now sub. (1)] and s. 51.61 (1) (e). In Matter of J.G.S.
159 Wis. 2d 685,
465 N.W.2d 227 (Ct. App. 1990).
55.12 Annotation
In protective placements under former s. 55.06 (9) (a) [now sub. (1)], counties must make an affirmative showing of a good faith, reasonable effort to find an appropriate placement and to secure funding to pay for an appropriate placement. Counties bear the burden of showing whether funds are available and whether appropriate placements may be developed within the limits of required funds. Dunn County v. Judy K. 2002 WI 87,
254 Wis. 2d 383,
647 N.W.2d 799,
00-3135.
55.13
55.13
Emergency protective services. 55.13(1)
(1) Emergency protective services may be provided for not more than 72 hours when there is reason to believe that, if the emergency protective services are not provided, the individual entitled to the services or others will incur a substantial risk of serious physical harm.
55.13(2)
(2) If the county department or agency with which the county department contracts under
s. 55.02 (2) that is providing emergency protective services to an individual under
sub. (1) has reason to believe that the individual meets the criteria for protective services under
s. 55.08 (2), the county department or agency may file a petition under
s. 55.075. If a petition is filed, a preliminary hearing shall be held within 72 hours, excluding Saturdays, Sundays, and legal holidays, to establish probable cause that the criteria under
s. 55.08 (2) are present. The county department or agency shall provide the individual with written notice and orally inform the individual of the time and place of the preliminary hearing. If the individual is not under guardianship, a petition for guardianship shall accompany the petition under
s. 55.08 (2), except in the case of a minor who is alleged to be developmentally disabled.
55.13(3)
(3) Upon finding probable cause under
sub. (2), the court may order emergency protective services to continue to be provided for up to 60 days pending the hearing on protective services under
s. 55.10.
55.13(4)
(4) If it is necessary to enter a premises forcibly to provide or investigate the need for emergency protective services, the staff member of a county department shall obtain a court order authorizing entry and shall make the entry accompanied by a sheriff, police officer, or member of a fire department. When it appears probable that substantial physical harm, irreparable injury, or death may occur to an individual, the police officer, fire fighter, or sheriff may enter a premises without a court order if the time required to obtain such an order would result in greater risk of physical harm to the individual.
55.13(5)
(5) If a forcible entry is made under
sub. (4), a report of the exact circumstances, including the date, time, place, factual basis for the need of the entry, and the exact services rendered, shall be made and forwarded to the court within 14 days after entry by the person making the entry.
55.13 History
History: 2005 a. 264 ss.
98,
99,
100,
163.
55.135
55.135
Emergency and temporary protective placement. 55.135(1)(1) If, [upon a credible report to or,] from personal observation of, or a reliable report made by a person who identifies himself or herself to, a sheriff, police officer, fire fighter, guardian, if any, or authorized representative of a county department or an agency with which it contracts under
s. 55.02 (2), it appears probable that an individual is so totally incapable of providing for his or her own care or custody as to create a substantial risk of serious physical harm to himself or herself or others as a result of developmental disabilities, degenerative brain disorder, serious and persistent mental illness, or other like incapacities if not immediately placed, the individual [under this paragraph who received the credible report or] who personally made the observation or to whom the report is made may take into custody and transport the individual to an appropriate medical or protective placement facility. The person making emergency protective placement shall prepare a statement at the time of detention providing specific factual information concerning the person's observations or reports made to the person and the basis for emergency placement. The statement shall be filed with the director of the facility and with any petition under
s. 55.075. At the time of emergency protective placement the individual shall be informed by the director of the facility or the director's designee, orally and in writing, of his or her right to contact an attorney and a member of his or her immediate family and the right to have an attorney provided at public expense, as provided under
s. 967.06 and
ch. 977, if the individual is a minor or is indigent. The director or designee shall also provide the individual with a copy of the statement by the person making emergency protective placement.
55.135 Note
NOTE: Sub. (1) is shown as affected by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c). The bracketed language was inserted by
2005 Wis. Act 388 but is redundant and surplusage as a result of the treatment by
2005 Wis. Act 264.
55.135(2)
(2) Whoever signs a statement under
sub. (1) knowing the information contained in the statement to be false is guilty of a Class H felony.
55.135(3)
(3) A person who acts in accordance with this section is not liable for any actions performed in good faith.
55.135(4)
(4) When an individual is detained under this section, a petition shall be filed under
s. 55.075 by the person making the emergency protective placement and a preliminary hearing shall be held within 72 hours, excluding Saturdays, Sundays and legal holidays, to establish probable cause to believe the grounds for protective placement under
s. 55.08 (1). The sheriff or other person making emergency protective placement under
sub. (1) shall provide the individual with written notice and orally inform him or her of the time and place of the preliminary hearing. If the detainee is not under guardianship, a petition for guardianship shall accompany the protective placement petition, except in the case of a minor who is alleged to be developmentally disabled. In the event that protective placement is not appropriate, the court may elect to treat a petition for protective placement as a petition for commitment under
s. 51.20 or
51.45 (13).
55.135(5)
(5) Upon finding probable cause under
sub. (4), the court may order temporary protective placement up to 30 days pending the hearing for a permanent protective placement, or the court may order such protective services as may be required. If the court orders under this subsection an individual who has a developmental disability to receive temporary protective placement in an intermediate facility or in a nursing facility, and if at the hearing for permanent protective placement the court orders that the individual be provide protective placement, the court may, before commencement of permanent protective placement, extend the temporary protective placement order for not more than 90 days if necessary for the county department that is participating in the program under
s. 46.278 or, if
s. 46.279 (4m) applies, the department's contractor to develop the plan required under
s. 46.279 (4).
55.135(6)
(6) A law enforcement agency, fire department, or county department or agency with which it contracts under
s. 55.02 (2) shall designate at least one employee authorized to take an individual into custody under this section who shall attend the in-service training on emergency detention and emergency protective placement 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 designated employee's jurisdiction offers an in-service training program.
55.135 History
History: 2005 a. 264 ss.
144 to
149,
164;
2005 a. 388 s.
165; s. 13.93 (2) (c).
55.135 Annotation
When a placement extended past the 30-day limit under former s. 55.06 (11) (c) [now sub. (5)] before a final hearing was held, the court lost authority to extend the placement. In Matter of Guardianship of N. N.
140 Wis. 2d 64,
409 N.W.2d 388 (Ct. App. 1987).
55.135 Annotation
Former s. 55.06 (11) (c) [now sub. (5)] required dismissal of the proceedings for failure to hold a permanent placement hearing within 30 days of the probable cause hearing; immediate refiling of the petition and emergency detention following dismissal without prejudice was impermissible. State ex. rel Sandra D. v. Getto,
175 Wis. 2d 490,
498 N.W.2d 893 (Ct. App. 1993).
55.135 Annotation
An emergency protective placement must be based on personal observation by one of the individuals listed in former s. 55.06 (11) (a) [now sub. (1)]. Costs could not be assessed against the subject of an emergency placement proceeding that was outside the statutory guidelines. Ethelyn I.C. v. Waukesha County,
221 Wis. 2d 109,
584 N.W.2d 211 (Ct. App. 1998),
97-2236.
55.135 Annotation
A circuit court loses competence if the hearing under former s. 55.06 (11) (b) [now sub. (4)] is not held within 72 hours after the person is first taken into custody. The filing of a new petition does not start the clock anew. Kindcare, Inc. v. Judith G. 2002 WI App 36,
250 Wis. 2d 817,
640 N.W.2d 839,
00-3450.
55.14
55.14
Involuntary administration of psychotropic medication. 55.14(1)(a)
(a) "Involuntary administration of psychotropic medication" means any of the following:
55.14(1)(a)1.
1. Placing psychotropic medication in an individual's food or drink with knowledge that the individual protests receipt of the psychotropic medication.
55.14(1)(a)2.
2. Forcibly restraining an individual to enable administration of psychotropic medication.
55.14(1)(a)3.
3. Requiring an individual to take psychotropic medication as a condition of receiving privileges or benefits.
55.14(1)(b)
(b) "Not competent to refuse psychotropic medication" means that, for an individual with developmental disability or as a result of degenerative brain disorder, serious and persistent mental illness, or other like incapacities, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to an individual, one of the following is true:
Effective date text
(b) "Not competent to refuse psychotropic medication" means that, as a result of developmental disabilities, degenerative brain disorder, serious and persistent mental illness, or other like incapacities, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to an individual, one of the following is true:
55.14(1)(b)1.
1. The individual is incapable of expressing an understanding of the advantages and disadvantages of accepting treatment and the alternatives to accepting treatment.
55.14(1)(b)2.
2. The individual is substantially incapable of applying an understanding of the advantages, disadvantages and alternatives to his or her condition in order to make an informed choice as to whether to accept or refuse psychotropic medication.
55.14(1)(c)
(c) "Protest" means make more than one discernible negative response, other than mere silence, to the offer of, recommendation for, or other proffering of voluntary receipt of psychotropic medication. "Protest" does not mean a discernible negative response to a proposed method of administration of the psychotropic medication.
55.14(1)(d)
(d) "Psychotropic medication" means a prescription drug, as defined in
s. 450.01 (20), that is used to treat or manage a psychiatric symptom or challenging behavior.
55.14(2)
(2) Involuntary administration of psychotropic medication, with consent of a guardian, may be ordered as a protective service only under the requirements of this section.
55.14 Note
NOTE: Sub. (2) is shown as created by 2 acts of the 2005 Wisconsin legislature and as merged by the revisor under s. 13.93 (2) (c).
55.14(3)
(3) In addition to the other requirements of this chapter pertaining to petitions for protective services, a petition under this section shall allege that all of the following are true:
55.14(3)(a)
(a) A physician has prescribed psychotropic medication for the individual.
55.14(3)(b)
(b) The individual is not competent to refuse psychotropic medication.
55.14(3)(c)1.
1. The individual has refused to take the psychotropic medication voluntarily. If this is alleged, the petition shall identify, if known, the reasons the individual refuses to take psychotropic medication voluntarily and shall provide evidence showing that a reasonable number of documented attempts to administer psychotropic medication voluntarily using appropriate interventions that could reasonably be expected to increase the individual's willingness to take psychotropic medication voluntarily have been made and have been unsuccessful.
55.14(3)(c)2.
2. Attempting to administer psychotropic medications to the individual voluntarily is not feasible or is not in the best interests of the individual. If this is alleged, the petition must identify specific reasons supporting that allegation.
Effective date text
(c) The individual has refused to take the psychotropic medication voluntarily or attempting to administer psychotropic medication to the individual voluntarily is not feasible or is not in the best interests of the individual. If the petition alleges that the individual has refused to take psychotropic medication voluntarily, the petition shall identify the reasons, if known, for the individuals refusal to take psychotropic medication voluntarily. The petition also shall provide evidence showing that a reasonable number of documented attempts to administer psychotropic medication voluntarily using appropriate interventions that could reasonably be expected to increase the individual's willingness to take psychotropic medication voluntarily have been made and have been unsuccessful. If the petition alleges that attempting to administer psychotropic medications to the individual voluntarily is not feasible or is not in the best interests of the individual, the petition must identify specific reasons supporting that allegation.
55.14(3)(d)
(d) The individual's condition for which psychotropic medication has been prescribed is likely to be improved by administration of psychotropic medication and the individual is likely to respond positively to psychotropic medication.
55.14(3)(e)
(e) Unless psychotropic medication is administered involuntarily, the individual will incur a substantial probability of physical harm, impairment, injury, or debilitation or will present a substantial probability of physical harm to others. The substantial probability of physical harm, impairment, injury, or debilitation shall be evidenced by one of the following:
Effective date text
(e) Unless psychotropic medication is administered involuntarily, the individual will incur an immediate or imminent substantial probability of physical harm, impairment, injury, or debilitation or will present a substantial probability of physical harm to others. The substantial probability of physical harm, impairment, injury, or debilitation shall be evidenced by one of the following:
55.14(3)(e)1.
1. The individual's history of at least 2 episodes, one of which has occurred within the previous 24 months, that indicate a pattern of overt activity, attempts, threats to act, or omissions that resulted from the individual's failure to participate in treatment, including psychotropic medication, and that resulted in a finding of probable cause for commitment under
s. 51.20 (7), a settlement agreement approved by a court under
s. 51.20 (8) (b), or commitment ordered under
s. 51.20 (13).
