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)
Findings of review. 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. If a minor 14 years of age or older who refused to execute the application under
subd. 2. is admitted after court review under
sub. (4) (d), the 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)
Review and acceptance of application. The application shall be reviewed by the treatment director of the facility or, in the case of a center for the developmentally disabled, by the director, and shall be accepted only if the director determines that the admission constitutes the least restrictive means of obtaining adequate diagnosis and evaluation of the minor or adequate provision of medical, dental or psychiatric services.
51.13(6)(c)
(c)
Release. At the end of the 12-day period, the minor shall be released unless an application has been filed for admission under
sub. (1); a statement has been filed for emergency detention; or a petition has been filed for emergency commitment, involuntary commitment, or protective placement.
51.13(7)
(7) Discharge or continued appropriateness of admission. 51.13(7)(a)(a)
Minor attains age 14 during admission. If a minor is admitted to an inpatient treatment facility while under 14 years of age, and if upon reaching age 14 is in need of further inpatient care and treatment primarily for mental illness or developmental disability, the director of the facility shall request the minor and the minor's parent or guardian to execute an application for admission. If the minor refuses, the minor's parent or guardian may execute the application on the minor's behalf. Such an application may be executed within 30 days prior to a minor's 14th birthday. If the application is executed, a petition for review shall be filed in the manner prescribed in
sub. (4), unless such a review has been held within the last 120 days. If the application is not executed by the time of the minor's 14th birthday, the minor shall be discharged unless a petition or statement is filed for emergency detention, emergency commitment, involuntary commitment, or protective placement by the end of the next day in which the court transacts business.
51.13(7)(b)1.1. Any minor who is voluntarily admitted under
sub. (1) (c), may request discharge in writing.
51.13(7)(b)2.
2. For a minor 14 years of age or older who is admitted under
sub. (1) (bm) for the primary purpose of treatment for alcoholism or drug abuse or a minor under 14 years of age who is admitted under
sub. (1) (a) for the primary purpose of treatment for mental illness, developmental disability, alcoholism, or drug abuse, the parent or guardian of the minor may request discharge in writing.
51.13(7)(b)3.
3. For a minor 14 years of age or older who is admitted under
sub. (1) (b) for the primary purpose of treatment for mental illness or developmental disability, the minor and the minor's parent or guardian may request discharge in writing. If the parent or guardian of the minor refuses to request discharge and if the director of the facility to which the minor is admitted or his or her designee avers, in writing, that the minor is in need of psychiatric services or services for developmental disability, that the facility's therapy or treatment is appropriate to the minor's needs, and that inpatient care in the treatment facility is the least restrictive therapy or treatment consistent with the needs of the minor, the minor may not be discharged under this paragraph.
51.13(7)(b)4.
4. Upon receipt of any form of written request for discharge from a minor specified under
subd. 1. or
3., the director of the facility in which the minor is admitted shall immediately notify the minor's parent or guardian, if available.
51.13(7)(b)5.
5. A minor specified in
subd. 1., a minor specified in
subd. 2. whose parent or guardian requests discharge in writing, and a minor specified in
subd. 3. who requests and whose parent or guardian requests discharge in writing shall be discharged within 48 hours after submission of the request, exclusive of Saturdays, Sundays, and legal holidays, unless a petition or statement is filed for emergency detention, emergency commitment, involuntary commitment, or protective placement.
51.13(7)(c)
(c)
Request for hearing when not discharged. Any minor who is admitted under this section, other than a minor to which
par. (b) 1. applies, who is not discharged under
par. (b) may submit a written request to the court for a hearing to determine the continued appropriateness of the admission. If the director or staff of the inpatient treatment facility to which a minor described in this paragraph is admitted observes conduct by the minor that demonstrates an unwillingness to remain at the facility, including a written expression of opinion or unauthorized absence, the director shall file a written request with the court to determine the continued appropriateness of the admission. A request that is made personally by a minor under this paragraph shall be signed by the minor but need not be written or composed by the minor. A request for a hearing under this paragraph that is received by staff or the director of the facility in which the minor is admitted shall be filed with the court by the director. The court shall order a hearing as provided in
sub. (4) (d) upon request if no hearing concerning the minor's admission has been held within 120 days before court receipt of the request. If a hearing is held, the court shall hold the hearing within 14 days after receipt of the request, unless the parties agree to a longer period. After the hearing, the court shall dispose of the matter in the manner provided in
sub. (4) (h).
51.13 Annotation
Due process rights of a minor child whose parents or guardians seek admission of the child are discussed. Parham v. J. R.,
442 U.S. 584 (1979). See also Secretary of Public Welfare v. Institutionalized Juveniles,
442 U.S. 640 (1979).
51.14
51.14
Review of outpatient mental health treatment of minors aged 14 or older. 51.14(1)
(1)
Definitions. In this section, “outpatient mental health treatment" means treatment and social services for mental illness, except 24-hour care, treatment, and custody that is provided by a treatment facility.
51.14(2)
(2) Mental health review officer. Each court assigned to exercise jurisdiction under
chs. 48 and
938 shall designate a mental health review officer to review petitions filed under
sub. (3).
51.14(3)
(3) Review by mental health review officer. 51.14(3)(a)(a) A minor 14 years of age or older or a person acting on behalf of the minor may petition the mental health review officer in the county in which the minor's parent or guardian has residence for a review of a refusal or inability of the minor's parent or guardian to provide the informed consent for outpatient mental health treatment required under
s. 51.61 (6). For a minor on whose behalf consent for outpatient treatment was provided by the minor's parent or guardian despite the minor's refusal, the treatment director of the outpatient facility shall file a petition for review of the informed consent on behalf of the minor.
51.14(3)(b)
(b) A petition filed under this subsection shall contain all of the following:
51.14(3)(b)2.
2. The name and address of the parent or guardian of the minor.
51.14(3)(b)3.
3. The facts substantiating the petitioner's belief that the minor needs, or does not need, outpatient mental health treatment.
51.14(3)(b)4.
4. Any available information which substantiates the appropriateness of the particular treatment sought for the minor and that the particular treatment sought is the least restrictive treatment consistent with the needs of the minor.
51.14(3)(c)
(c) Any professional evaluations relevant under
par. (b) 3. or
4. shall be attached to the petition filed under this subsection.
51.14(3)(d)
(d) The court which appointed the mental health review officer shall ensure that necessary assistance is provided to the petitioner in the preparation of the petition under this subsection.
51.14(3)(e)
(e) The mental health review officer shall notify the county department under
s. 51.42 or
51.437 of the contents of any petition received by the mental health review officer under this subsection. The county department under
s. 51.42 or
51.437 may, following review of the petition contents, make recommendations to the mental health review officer as to the need for and appropriateness and availability of treatment.
51.14(3)(f)
(f) If prior to a hearing under
par. (g) the minor requests and the mental health review officer determines that the best interests of the minor would be served, a petition may be filed for court review under
sub. (4) without further review under this subsection.
51.14(3)(g)
(g) Within 21 days after the filing of a petition under this subsection, the mental health review officer shall hold a hearing on the refusal or inability of the minor's parent or guardian to provide informed consent for outpatient treatment or on the provision of informed consent by the parent or guardian despite the minor's refusal. The mental health review officer shall provide notice of the date, time and place of the hearing to the minor and, if available, the minor's parent or guardian at least 96 hours prior to the hearing.
51.14(3)(h)
(h) If following the hearing under
par. (g) and after taking into consideration the recommendations, if any, of the county department under
s. 51.42 or
51.437 made under
par. (e), the mental health review officer finds all of the following, he or she shall issue a written order that, notwithstanding the written, informed consent requirement of
s. 51.61 (6), the written, informed consent of the minor's parent or guardian, if the parent or guardian is refusing or unable to provide consent, is not required for outpatient mental health treatment for the minor or, if the parent or guardian provided informed consent despite the minor's refusal, the outpatient mental health treatment for the minor is appropriate:
51.14(3)(h)1.
1. The informed consent of the parent or guardian is unreasonably withheld or the refusal of the minor to provide informed consent is unreasonable.
51.14(3)(h)3.
3. The particular treatment sought is appropriate for the minor and is the least restrictive treatment available.
51.14(3)(h)4.
4. The proposed treatment is in the best interests of the minor.
51.14(3)(i)
(i) The findings under
par. (h) and the reasons supporting each finding shall be in writing.
51.14(3)(j)
(j) The mental health review officer shall notify the minor and the minor's parent or guardian, if available, of the right to judicial review under
sub. (4).
51.14(3)(k)
(k) No person may be a mental health review officer in a proceeding under this section if he or she has provided treatment or services to the minor who is the subject of the proceeding.
51.14(4)(a)(a) Within 21 days after the issuance of the order by the mental health review officer under
sub. (3) or if
sub. (3) (f) applies, the minor or a person acting on behalf of the minor may petition a court assigned to exercise jurisdiction under
chs. 48 and
938 in the county of residence of the minor's parent or guardian for a review of the refusal or inability of the minor's parent or guardian to provide the informed consent for outpatient mental health treatment required under
s. 51.61 (6) or for a review of the provision of informed consent by the parent or guardian despite the minor's refusal.
51.14(4)(b)
(b) The petition in
par. (a) shall conform to the requirements set forth in
sub. (3) (b). If the minor has refused to provide informed consent, a notation of this fact shall be made on the face of the petition.
51.14(4)(c)
(c) If a notation of a minor's refusal to provide informed consent to outpatient mental health treatment appears on the petition, the court shall, at least 7 days prior to the time scheduled for the hearing, appoint counsel to represent the minor if the minor is unrepresented. If the minor's parent or guardian has refused to provide informed consent and the minor is unrepresented, the court shall appoint counsel to represent the minor, if requested by the minor or determined by the court to be in the best interests of the minor.
51.14(4)(d)
(d) The court shall hold a hearing on the petition within 21 days after filing of the petition.
51.14(4)(e)
(e) Notice of the hearing under this subsection shall be provided by the court by certified mail, at least 96 hours prior to the hearing, to the minor, the minor's parent or guardian, the minor's counsel and guardian ad litem, if any, and any other interested party known to the court.
51.14(4)(f)
(f) The rules of evidence in civil actions shall apply to any hearing under this section. A record, including written findings of fact and conclusions of law, shall be maintained of the entire proceedings. Findings shall be based on evidence that is clear, satisfactory and convincing.
51.14(4)(g)
(g) After the hearing under this subsection, the court shall issue a written order stating that, notwithstanding the written, informed consent requirement of
s. 51.61 (6), the written, informed consent of the parent or guardian, if the parent or guardian refuses or is unable to provide consent, is not required for outpatient mental health treatment for the minor or that, if the parent or guardian provided informed consent despite the minor's refusal, the outpatient mental health treatment for the minor is appropriate, if the court finds all of the following:
51.14(4)(g)3.
3. The particular treatment sought is appropriate for the minor and is the least restrictive treatment available.
51.14(4)(g)4.
4. The treatment is in the best interests of the minor.
51.14(5)
(5) Appeal. Any person who is aggrieved by a determination or order under
sub. (4) and who is directly affected by the determination or order may appeal to the court of appeals under
s. 809.30.
51.14(6)
(6) Finding or order not a finding of mental illness. A finding or order under this section does not constitute a finding of mental illness.
51.14(7)
(7) Listing of mental health review officers. The department shall compile a list that specifies the mental health review officers in each county, post the list on the department's Web site, and update the list as necessary.
51.14 Note
NOTE: 1987 Wis. Act 367, which created this section, contains a prefatory note and an explanatory note following the section.
51.15
51.15
Emergency detention. 51.15(1)
(1)
Basis for detention; purpose. 51.15(1)(ag)(ag) The purpose of this section is to provide, on an emergency basis, treatment by the least restrictive means appropriate to the individual's needs, to individuals who meet all of the following criteria:
51.15(1)(ag)1.
1. Are mentally ill, drug dependent, or developmentally disabled.
51.15(1)(ag)3.
3. Are reasonably believed to be unable or unwilling to cooperate with voluntary treatment.
51.15(1)(ar)
(ar) A law enforcement officer or other person authorized to take a child into custody under
ch. 48 or to take a juvenile into custody under
ch. 938 may take an individual into custody if the officer or person has cause to believe that the individual is mentally ill, is drug dependent, or is developmentally disabled, that taking the person into custody is the least restrictive alternative appropriate to the person's needs, and that the individual evidences any of the following:
51.15(1)(ar)1.
1. A substantial probability of physical harm to himself or herself as manifested by evidence of recent threats of or attempts at suicide or serious bodily harm.
51.15(1)(ar)2.
2. A substantial probability of physical harm to other persons as manifested by evidence of recent homicidal or other violent behavior on his or her part, or by evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them, as evidenced by a recent overt act, attempt or threat to do serious physical harm on his or her part.
51.15(1)(ar)3.
3. A substantial probability of physical impairment or injury to himself or herself or other individuals due to impaired judgment, as manifested by evidence of a recent act or omission. The probability of physical impairment or injury is not substantial under this subdivision if reasonable provision for the individual's protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services or, in the case of a minor, if the individual is appropriate for services or placement under
s. 48.13 (4) or
(11) or
938.13 (4). Food, shelter or other care provided to an individual who is substantially incapable of obtaining the care for himself or herself, by any person other than a treatment facility, does not constitute reasonable provision for the individual's protection available in the community under this subdivision.
51.15(1)(ar)4.
4. Behavior manifested by a recent act or omission that, due to mental illness, he or she is unable to satisfy basic needs for nourishment, medical care, shelter, or safety without prompt and adequate treatment so that a substantial probability exists that death, serious physical injury, serious physical debilitation, or serious physical disease will imminently ensue unless the individual receives prompt and adequate treatment for this mental illness. No substantial probability of harm under this subdivision exists if reasonable provision for the individual's treatment and protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services, if the individual may be provided protective placement or protective services under
ch. 55, or, in the case of a minor, if the individual is appropriate for services or placement under
s. 48.13 (4) or
(11) or
938.13 (4). The individual's status as a minor does not automatically establish a substantial probability of death, serious physical injury, serious physical debilitation or serious disease under this subdivision. Food, shelter or other care provided to an individual who is substantially incapable of providing the care for himself or herself, by any person other than a treatment facility, does not constitute reasonable provision for the individual's treatment or protection available in the community under this subdivision.
51.15(1)(b)
(b) The officer's or other person's belief shall be based on any of the following:
51.15(1)(b)1.
1. A specific recent overt act or attempt or threat to act or omission by the individual which is observed by the officer or person.
51.15(1)(b)2.
2. A specific recent overt act or attempt or threat to act or omission by the individual which is reliably reported to the officer or person by any other person, including any probation, extended supervision and parole agent authorized by the department of corrections to exercise control and supervision over a probationer, parolee or person on extended supervision.
51.15(2)
(2) Facilities for detention. The law enforcement officer or other person authorized to take a child into custody under
ch. 48 or to take a juvenile into custody under
ch. 938 shall transport the individual, or cause him or her to be transported, for detention, if the county department of community programs in the county in which the individual was taken into custody approves the need for detention, and for evaluation, diagnosis, and treatment if permitted under
sub. (8). The county department may approve the detention only if a physician who has completed a residency in psychiatry, a psychologist licensed under
ch. 455, or a mental health professional, as determined by the department, has performed a crisis assessment on the individual and agrees with the need for detention and the county department reasonably believes the individual will not voluntarily consent to evaluation, diagnosis, and treatment necessary to stabilize the individual and remove the substantial probability of physical harm, impairment, or injury to himself, herself, or others. For purposes of this subsection, a crisis assessment may be conducted in person, by telephone, or by telemedicine or video conferencing technology. Detention may only be in a treatment facility approved by the department or the county department, if the facility agrees to detain the individual, or a state treatment facility.
51.15(3)
(3) Custody. An individual is in custody when the individual is under the physical control of the law enforcement officer, or other person authorized to take a child into custody under
ch. 48 or to take a juvenile into custody under
ch. 938, for the purposes of emergency detention. Upon arrival at the facility under
sub. (2), custody of the individual is transferred to the facility.
51.15(4)
(4) Detention procedure; Milwaukee County. 51.15(4)(a)(a) In counties having a population of 750,000 or more, the law enforcement officer or other person authorized to take a child into custody under
ch. 48 or to take a juvenile into custody under
ch. 938 shall sign a statement of emergency detention which shall provide detailed specific information concerning the recent overt act, attempt, or threat to act or omission on which the belief under
sub. (1) is based and the names of the persons observing or reporting the recent overt act, attempt, or threat to act or omission. The law enforcement officer or other person is not required to designate in the statement whether the subject individual is mentally ill, developmentally disabled, or drug dependent, but shall allege that he or she has cause to believe that the individual evidences one or more of these conditions. The law enforcement officer or other person shall deliver, or cause to be delivered, the statement to the detention facility upon the delivery of the individual to it.
51.15(4)(b)
(b) Upon delivery of the individual, the treatment director of the facility, or his or her designee, shall determine within 24 hours, except as provided in
par. (c), whether the individual shall be detained, or shall be detained, evaluated, diagnosed and treated, if evaluation, diagnosis and treatment are permitted under
sub. (8), and shall either release the individual or detain him or her for a period not to exceed 72 hours after the individual is taken into custody for the purposes of emergency detention, exclusive of Saturdays, Sundays and legal holidays. If the treatment director, or his or her designee, determines that the individual is not eligible for commitment under
s. 51.20 (1) (a), the treatment director shall release the individual immediately, unless otherwise authorized by law. If the individual is detained, the treatment director or his or her designee may supplement in writing the statement filed by the law enforcement officer or other person, and shall designate whether the subject individual is believed to be mentally ill, developmentally disabled or drug dependent, if no designation was made by the law enforcement officer or other person. The director or designee may also include other specific information concerning his or her belief that the individual meets the standard for commitment. The treatment director or designee shall then promptly file the original statement together with any supplemental statement and notification of detention with the court having probate jurisdiction in the county in which the individual was taken into custody. The filing of the statement and notification has the same effect as a petition for commitment under
s. 51.20.
51.15(4)(c)
(c) When calculating the 24 hours under
par. (b) in which a treatment director determines whether an individual should be detained, any period delaying that determination that is directly attributable to evaluation or stabilizing treatment of non-psychiatric medical conditions of the individual is excluded from the calculation.
51.15(4m)
(4m) Detention pilot program; Milwaukee County. 51.15(4m)(a)1.
1. “Treatment director" includes a fully licensed physician or licensed psychologist who is a full-time or part-time employee of, or on contract with, the Milwaukee County Behavioral Health Division and who actively assumes clinical responsibility for the provision of emergency service care.
51.15(4m)(a)2.
2. “Treatment director designee" means an individual who is any of the following licensed mental health professionals, who is a full-time or part-time employee of, or on contract with, the Milwaukee County Behavioral Health Division, and who may provide care to individuals in accordance with, and as permitted by, state licensure laws, in collaboration with a treatment director who is assigned to the same service or program:
