51.06 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
51.06(8)(b)7.
7. Staff turnover rates for nursing homes, intermediate care facilities for persons with mental retardation, and centers for the developmentally disabled in communities in which an individual relocated or diverted from a nursing home, intermediate care facility for persons with mental retardation, or center for the developmentally disabled currently resides.
51.06(10)
(10) Relocations from southern center. 51.06(10)(a)(a) The department shall create a form on which a resident of the southern center for the developmentally disabled, or the resident's guardian, may indicate a preference for where the resident would like to live. The department shall make the form available to all residents of the southern center for the developmentally disabled and to their guardians. The department shall maintain the completed form with the resident's treatment records.
51.06(10)(b)
(b) The department shall ensure that, if a resident is to be relocated from the southern center for the developmentally disabled, members of the center staff who provide direct care for the resident are consulted in developing a residential placement plan for the resident.
51.06(10)(c)
(c) If a resident of the southern center for the developmentally disabled is relocated from the center after July 1, 2009, the department shall provide the resident's guardian or, if the resident is a minor and does not have a guardian, the resident's parent information regarding the process for appealing the decision to relocate the resident and the process for filing a grievance regarding the decision.
51.07
51.07
Outpatient services. 51.07(1)(1) The department may establish a system of outpatient clinic services in any institution operated by the department.
51.07(2)
(2) It is the purpose of this section to:
51.07(2)(a)
(a) Provide outpatient diagnostic and treatment services for patients and their families.
51.07(2)(b)
(b) Offer precommitment and preadmission evaluations and studies.
51.07(3)
(3) The department may provide outpatient services only to patients contracted for with county departments under
ss. 51.42 and
51.437 in accordance with
s. 46.03 (18), except for those patients whom the department finds to be nonresidents of this state and persons receiving services under contracts under
s. 46.043. The full and actual cost less applicable collections of services contracted for with county departments under
s. 51.42 or
51.437 shall be charged to the respective county department under
s. 51.42 or
51.437. The state shall provide the services required for patient care only if no outpatient services are funded by the department in the county or group of counties served by the respective county department under
s. 51.42 or
51.437.
51.08
51.08
Milwaukee County Mental Health Complex. Any county having a population of 500,000 or more may, pursuant to
s. 46.17, establish and maintain a county mental health complex. The county mental health complex shall be a hospital devoted to the detention and care of drug addicts, alcoholics, chronic patients and mentally ill persons whose mental illness is acute. Such hospital shall be governed pursuant to
s. 46.21. Treatment of alcoholics at the county mental health complex is subject to approval by the department under
s. 51.45 (8). The county mental health complex established pursuant to this section is subject to rules promulgated by the department concerning hospital standards.
51.09
51.09
County hospitals. Any county having a population of less than 500,000 may establish a hospital or facilities for the detention and care of mentally ill persons, alcoholics and drug addicts; and in connection therewith a hospital or facility for the care of cases afflicted with pulmonary tuberculosis. County hospitals established pursuant to this section are subject to rules promulgated by the department concerning hospital standards, including standards for alcoholic treatment facilities under
s. 51.45 (8).
51.09 History
History: 1971 c. 211;
1973 c. 198;
1975 c. 430 s.
16; Stats. 1975 s. 51.09;
1985 a. 332 s.
251 (1).
51.10
51.10
Voluntary admission of adults. 51.10(1)
(1) With the approval of the treatment director of the treatment facility or the director's designee, or in the case of a center for the developmentally disabled, the director of the center or the director's designee, and the approval of the director of the appropriate county department under
s. 51.42 or
51.437, an adult desiring admission to an approved inpatient treatment facility may be admitted upon application. This subsection applies only to admissions made through a county department under
s. 51.42 or
51.437 or through the department.
51.10(2)
(2) With the approval of the director of the treatment facility or the director's designee and the director of the appropriate county department under
s. 51.42 or
51.437, an adult may be voluntarily admitted to a state inpatient treatment facility.
51.10(3)
(3) Voluntary admission of adult alcoholics shall be in accordance with
s. 51.45 (10).
51.10(4)
(4) The criteria for voluntary admission to an inpatient treatment facility shall be based on an evaluation that the applicant is mentally ill or developmentally disabled, or is an alcoholic or drug dependent and that the person has the potential to benefit from inpatient care, treatment or therapy. An applicant is not required to meet a standard of dangerousness under
s. 51.20 (1) (a) 2. to be eligible for the benefits of voluntary treatment programs. An applicant may be admitted for the purpose of making a diagnostic evaluation.
51.10(4m)(a)(a) An adult who has an identified funding source that is not obtained through the county department and who meets the criteria for voluntary admission under
sub. (4) or an adult whose admission is approved under
sub. (1) or
(2) and who meets the criteria for voluntary admission under
sub. (4) may be admitted to an inpatient treatment facility if all of the following requirements are met:
51.10(4m)(a)1.
1. A physician of the facility submits a signed request and certifies in writing, before not less than 2 witnesses, that the physician has advised the patient in the presence of the witnesses both orally and in writing of the person's rights under
sub. (5) and of the benefits and risks of treatment, the patient's right to the least restrictive form of treatment appropriate to the patient's needs and the responsibility of the facility to provide the patient with this treatment; or
51.10(4m)(b)
(b) Any person admitted under
par. (a) 1. who fails to indicate a desire to leave the facility but who refuses or is unable to sign an application for admission is presumed to consent to admission and may be held for up to 7 days as a voluntary patient.
51.10(4m)(c)
(c) On the first court day following admission under
par. (a) 1., the facility shall notify the court assigned to exercise probate jurisdiction for the county in which the facility is located of the admission. Within 24 hours after receiving this notice, excluding Saturdays, Sundays and holidays, the court shall appoint a guardian ad litem to visit the facility and to determine if there has been compliance with this subsection. The guardian ad litem shall visit the patient within 48 hours, excluding Saturdays, Sundays and holidays, to ascertain whether the patient wishes a less restrictive form of treatment and, if so, shall assist the patient in obtaining the proper assistance from the facility. The guardian ad litem shall inform the patient of all rights to which the patient is entitled under this chapter.
51.10(4m)(d)
(d) If a patient admitted under
par. (a) 1. has not signed a voluntary admission application within 7 days after admission, the patient, the guardian ad litem and the physician who signed the admission request shall appear before the judge or a circuit court commissioner assigned to exercise probate jurisdiction for the county in which the facility is located to determine whether the patient shall remain in the facility as a voluntary patient. If the judge or circuit court commissioner determines that the patient desires to leave the facility, the facility shall discharge the patient. If the facility has reason to believe the patient is eligible for commitment under
s. 51.20, the facility may initiate procedures for involuntary commitment.
51.10(5)(a)(a) At the time of admission to an inpatient facility the individual being admitted shall be informed orally and in writing of his or her right to leave upon submission of a written request to the staff of the facility except when the director or such person's designee files a statement of emergency detention under
s. 51.15 with the court by the end of the next day in which the court transacts business.
51.10(5)(b)
(b) Writing materials for use in requesting discharge shall be available at all times to any voluntarily admitted individual, and shall be given to the individual upon request. A copy of the patient's and resident's rights shall be given to the individual at the time of admission.
51.10(5)(c)
(c) Any patient or resident voluntarily admitted to an inpatient treatment facility shall be discharged on request, unless the treatment director or the treatment director's designee has reason to believe that the patient or resident is dangerous in accordance with a standard under
s. 51.20 (1) (a) 2. or
(am) and files a statement of emergency detention under
s. 51.15 with the court by the end of the next day in which the court transacts business. The patient or resident shall be notified immediately when such a statement is to be filed. Prior to the filing of a statement, the patient or resident may be detained only long enough for the staff of the facility to evaluate the individual's condition and to file the statement of emergency detention. This time period may not exceed the end of the next day in which the court transacts business. Once a statement is filed, a patient or resident may be detained as provided in
s. 51.15 (1). The probable cause hearing required under
s. 51.20 (7) shall be held within 72 hours after the request for discharge, excluding Saturdays, Sundays and legal holidays.
51.10(6)
(6) A person against whom a petition for involuntary commitment has been filed under
s. 51.15 or
51.20 may agree to be admitted to an inpatient treatment facility under this section. The court may permit the person to become a voluntary patient or resident pursuant to this section upon signing an application for voluntary admission, if the director of the appropriate county department under
s. 51.42 or
51.437 and the director of the facility to which the person will be admitted approve of the voluntary admission within 30 days of the admission. Except as provided in
s. 51.20 (8) (bg) or
(bm), the court shall dismiss the proceedings under
s. 51.20 30 days after the person's admission if the person is still a voluntary patient or resident or upon the discharge of the person by the treatment director of the facility or his or her designee, if that occurs first. For any person who is a voluntary patient or resident under this subsection, actions required under
s. 51.35 (5) shall be initiated within 14 days of admission.
51.10(7)
(7) The treatment director of a facility may temporarily admit an individual to an inpatient facility when there is reason to question the competency of such individual. The treatment director shall then apply to the court for appointment of a guardian within 48 hours of the time of admission, exclusive of Saturdays, Sundays and legal holidays. The individual may remain at the facility pending appointment of a guardian.
51.10(8)
(8) An adult for whom, because of incompetency, a guardian of the person has been appointed in this state may be voluntarily admitted to an inpatient treatment facility if the guardian consents after the requirements of
sub. (4m) (a) 1. are satisfied or if the guardian and the ward consent to the admission under this section.
51.10(9)
(9) Upon admission to an inpatient facility, the facility shall offer the patient orally and in writing the opportunity to execute an informed consent form under
s. 51.30 (2), requiring the facility to notify the patient's parent, child or spouse or any other adult of the patient's release. If the patient signs the consent form, the facility shall notify the person specified in the form as soon as possible after the patient requests release.
51.10 Annotation
Sub. (5) (c) plainly and unambiguously sets out the procedure for detaining voluntarily admitted patients who seek release and who the treatment director deems dangerous. Dane County v. Stevenson L. J. 2009 WI App 84,
320 Wis. 2d 194,
768 N.W.2d 223,
08-1281.
51.13
51.13
Admission of minors. 51.13(1)(a)(a) Except as provided in
par. (c) and
ss. 51.45 (2m) and
51.47, the application for admission of a minor who is 14 years of age or older to an approved inpatient treatment facility for the primary purpose of treatment for alcoholism or drug abuse and the application for admission of a minor who is under 14 years of age to an approved inpatient treatment facility for the primary purpose of treatment for mental illness, developmental disability, alcoholism, or drug abuse shall be executed by a parent who has legal custody of the minor or the minor's guardian. Any statement or conduct by a minor who is the subject of an application for admission under this paragraph indicating that the minor does not agree to admission to the facility shall be noted on the face of the application and shall be noted in the petition required by
sub. (4).
51.13(1)(b)
(b) The application for admission of a minor who is 14 years of age or older to an approved inpatient treatment facility for the primary purpose of treatment for mental illness or developmental disability shall be executed by the minor and a parent who has legal custody of the minor or the minor's guardian, except as provided in
par. (c) 1., except that, if the minor refuses to execute the application, a parent who has legal custody of the minor or the minor's guardian may execute the application on the minor's behalf.
51.13(1)(c)1.1. If a minor 14 years of age or older wishes to be admitted to an approved inpatient treatment facility but a parent with legal custody or the guardian refuses to execute the application for admission or cannot be found, or if there is no parent with legal custody, the minor or a person acting on the minor's behalf may petition the court assigned to exercise jurisdiction under
chs. 48 and
938 in the county of residence of the parent or guardian for approval of the admission. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after a hearing, the court determines that the consent of the parent or guardian is being unreasonably withheld, that the parent or guardian cannot be found, or that there is no parent with legal custody, and that the admission is proper under the standards prescribed in
sub. (4) (d), the court shall approve the minor's admission without the consent of the parent or guardian.
51.13(1)(c)2.
2. If a minor under 14 years of age wishes to be admitted to an approved inpatient treatment facility but a parent with legal custody or the guardian cannot be found, or if there is no parent with legal custody, the minor or a person acting on the minor's behalf may petition the court assigned to exercise jurisdiction under
chs. 48 and
938 in the county of residence of the parent or guardian for approval of the admission. A copy of the petition and a notice of hearing shall be served upon the parent or guardian at his or her last-known address. If, after a hearing, the court determines that the parent or guardian cannot be found or that there is no parent with legal custody, and that the admission is proper under the standards prescribed in
sub. (4) (d), the court shall approve the minor's admission without the consent of the parent or guardian.
51.13(1)(c)3.
3. The court may, at the minor's request, temporarily approve the admission under
subd. 1. or
2. pending hearing on the petition. If a hearing is held under
subd. 1. or
2., no review or hearing under
sub. (4) is required.
51.13(1)(d)
(d) A minor against whom a petition or statement has been filed under
s. 51.15,
51.20, or
51.45 (12) or
(13) may be admitted under this section. The court may permit the minor to become a patient under this section upon approval by the court of an application executed under
par. (a),
(b), or
(c). The court shall then dismiss the proceedings under
s. 51.15,
51.20, or
51.45 (12) or
(13). If a hearing is held under this subsection, no hearing under
sub. (4) is required.
51.13(1)(e)
(e) A minor may be admitted immediately upon the approval of the application executed under
par. (a) or
(b) by the treatment director of the facility or his or her designee or, in the case of a center for the developmentally disabled, the director of the center or his or her designee, and, if the county department is to be responsible for the cost of the minor's therapy and treatment, the director of the appropriate county department under
s. 51.42 or
51.437. Admission under
par. (c) or
(d) shall also be approved, within 14 days of the minor's admission, by the treatment director of the facility or his or her designee, or in the case of a center for the developmentally disabled, the director of the center or his or her designee and, if the county department is to be responsible for the cost of the minor's therapy and treatment, the director of the appropriate county department under
s. 51.42 or
51.437.
51.13(1)(em)
(em) Approval under
par. (e) shall be based upon an informed professional opinion that the minor is in need of psychiatric services or services for developmental disability, alcoholism, or drug abuse, that the treatment facility offers inpatient therapy or treatment that is appropriate for the minor's needs, and that inpatient care in the facility is the least restrictive therapy or treatment consistent with the minor's needs. In the case of a minor who is being admitted for the primary purpose of treatment for alcoholism or drug abuse, approval shall also be based on the results of an alcohol or other drug abuse assessment that conforms to the criteria specified in
s. 938.547 (4).
51.13(3)(am)(am) Prior to admission if possible, or as soon thereafter as possible, the minor who is admitted under
sub. (1) (a) or
(b) and the minor's parent or guardian shall be informed by the director of the facility or his or her designee, both orally and in writing, in easily understandable language, of the review procedure in
sub. (4), including the standards to be applied by the court and the possible dispositions; the minor's right to an independent evaluation, if ordered by the court; the minor's right to be informed about how to contact the state protection and advocacy agency designated under
s. 51.62 (2) (a); the right under
sub. (4) (d) to a hearing upon request under
sub. (4); the minor's right to appointed counsel as provided in
sub. (4) (d) if a hearing is held; for a minor other than a minor specified under
par. (b), the right of the minor or parent or guardian to request the minor's discharge as provided in or limited by
sub. (7) (b); and the minor's right to a hearing to determine continued appropriateness of the admission as provided in
sub. (7) (c).
51.13(3)(b)
(b) Prior to or at admission, a minor who is voluntarily admitted under
sub. (1) (c) 1. or
2., and the minor's parent or guardian, if available, shall be informed by the director or his or her designee, both orally and in writing, in easily understandable language, of the minor's right to request discharge and to be discharged within 48 hours of the request, as provided under
sub. (7) (b), if no statement is filed for emergency detention or if no petition is filed for emergency commitment, involuntary commitment, or protective placement, and the minor's right to consent to or refuse treatment as provided in
s. 51.61 (6).
51.13(3)(d)
(d) A copy of the patient's rights established in
s. 51.61 shall be given and explained to the minor and the minor's parent or guardian at the time of admission by the director of the facility or such person's designee.
51.13(3)(e)
(e) Writing materials for use in requesting a hearing or discharge under this section shall be made available to minors at all times by every inpatient treatment facility. The staff of each such facility shall assist minors in preparing and submitting requests for discharge or hearing.
51.13(4)(a)(a) Within 3 days after the admission of a minor under
sub. (1), or within 3 days after an application is executed for admission of the minor, whichever occurs first, the treatment director of the facility to which the minor is admitted or his or her designee or, in the case of a center for the developmentally disabled, the director of the center or his or her designee, shall file a verified petition for review of the admission in the court assigned to exercise jurisdiction under
chs. 48 and
938 in the county in which the facility is located. A copy of the application for admission and of any relevant professional evaluations shall be attached to the petition. The petition shall contain all of the following:
51.13(4)(a)1.
1. The name, address and date of birth of the minor.
51.13(4)(a)2.
2. The names and addresses of the minor's parents or guardian.
51.13(4)(a)3.
3. The facts substantiating the petitioner's belief in the minor's need for psychiatric services, or services for developmental disability, alcoholism or drug abuse.
51.13(4)(a)4.
4. The facts substantiating the appropriateness of inpatient treatment in the inpatient treatment facility.
51.13(4)(a)5.
5. The basis for the petitioner's opinion that inpatient care in the facility is the least restrictive treatment consistent with the needs of the minor.
51.13(4)(a)6.
6. Notation of any statement made or conduct demonstrated by the minor in the presence of the director or staff of the facility indicating that inpatient treatment is against the wishes of the minor.
51.13(4)(b)
(b) If hardship would otherwise occur and if the best interests of the minor would be served thereby, the court may, on its own motion or on the motion of any interested party, remove the petition to the court assigned to exercise jurisdiction under
chs. 48 and
938 of the county of residence of the parent or guardian.
51.13(4)(c)
(c) A copy of the petition shall be provided by the petitioner to the minor and, if available, his or her parents or guardian within 5 days after admission.
51.13(4)(d)
(d) Within 5 days after the filing of the petition, the court assigned to exercise jurisdiction under
chs. 48 and
938 shall determine, based on the allegations of the petition and accompanying documents, whether there is a prima facie showing that the minor is in need of psychiatric services, or services for developmental disability, alcoholism, or drug abuse, whether the treatment facility offers inpatient therapy or treatment that is appropriate to the minor's needs; whether inpatient care in the treatment facility is the least restrictive therapy or treatment consistent with the needs of the minor; and, if the minor is 14 years of age or older and has been admitted to the treatment facility for the primary purpose of treatment for mental illness or developmental disability, whether the admission was made under an application executed by the minor and the minor's parent or guardian. If such a showing is made, the court shall permit admission. If the court is unable to make those determinations based on the petition and accompanying documents, the court may dismiss the petition as provided in
par. (h); order additional information, including an independent evaluation, to be produced as necessary for the court to make those determinations within 7 days, exclusive of weekends and legal holidays, after admission or application for admission, whichever is sooner; or hold a hearing within 7 days, exclusive of weekends and legal holidays, after admission or application for admission, whichever is sooner. If a notation of the minor's unwillingness appears on the face of the petition, if the admission was made under an application executed by the minor's parent or guardian despite the minor's refusal, or if a hearing has been requested by the minor or by the minor's counsel, parent, or guardian, the court shall order an independent evaluation of the minor and hold a hearing to review the admission, within 7 days, exclusive of weekends and legal holidays, after admission or application for admission, whichever is sooner, and shall appoint counsel to represent the minor if the minor is unrepresented. If the court considers it necessary, the court shall also appoint a guardian ad litem to represent the minor. The minor shall be informed about how to contact the state protection and advocacy agency designated under
s. 51.62 (2) (a).
51.13(4)(e)
(e) Notice of the hearing under this subsection shall be provided by the court by certified mail to the minor, the minor's parents or guardian, the minor's counsel and guardian ad litem if any, the petitioner and any other interested party at least 96 hours prior to the time of hearing.
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, under a hearing under
par. (d), 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, the court shall permit 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, if the placement or transfer is first approved by all of the following, except that placement in or transfer to a center for the developmentally disabled shall first be approved by all of the following and the department:
51.13(4)(g)1.
1. For the primary purpose of treatment for mental illness or developmental disability, any of the following, as applicable:
51.13(4)(g)1.a.
a. For a minor who is under 14 years of age, a parent who has legal custody of the minor or the minor's guardian.
51.13(4)(g)1.b.
b. For a minor who is 14 years of age or older, the minor and a parent who has legal custody of the minor or the minor's guardian, except that, if the minor refuses approval, a parent who has legal custody of the minor or the minor's guardian may provide approval on the minor's behalf.
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 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)1.1. Subject to
subd. 2. or
3., as applicable, a minor may be admitted to an inpatient treatment facility without review under
sub. (4) of the application, 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 with legal custody of the minor or the minor's guardian, unless
sub. (1) (c) applies.
51.13(6)(a)2.
2. 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, the application shall be executed by the minor's parent or guardian and the minor, except that, if the minor refuses to execute the application, the parent or the guardian may execute the application. Admission under this subdivision of a minor who refuses to execute the application is reviewable under
sub. (4) (d). If a review is requested or required, the treatment director of the facility to which the minor is admitted or his or her designee or, in the case of a center for the developmentally disabled, the director of the center or his or her designee shall file a verified petition for review of the admission on behalf of the minor.
51.13(6)(a)3.
3. 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.
